Act Tab 1 - 6/30/15

ACTS OF 2015
LEGISLATURE
Acts 1 - 88 (Except Acts 16, 26, 36, 46, 56, 66 & 76)
ACT No. 1
--HOUSE BILL NO. 665
BY REPRESENTATIVE KLECKLEY AND
SENATORS JOHNS AND JOHN SMITH
AN ACT
To amend and reenact R.S. 47:301(14)(g)(i)(bb), relative to sales and use tax;
to provide for the local sales and use tax exclusion on repairs to tangible
property; to exclude repairs made to certain aircraft from sales of services
by certain taxing authorities; to provide for an effective date; and to
provide for related matters.
Notice of intention to introduce this Act has been published as provided by
Article III, Section 13 of the Constitution of Louisiana.
Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 47:301(14)(g)(i)(bb) is hereby amended and reenacted to
read as follows:
301. Definitions
As used in this Chapter the following words, terms, and phrases have
the meaning ascribed to them in this Section, unless the context clearly
indicates a different meaning:
* * *
(14) Sales of services means and includes the following:
* * *
(g)(i)(aa)
* * *
(bb)(I) For purposes of the sales and use tax levied by the state and by tax
authorities in East Feliciana Parish, charges for the furnishing of repairs
to tangible personal property shall be excluded from sales of services, as
defined in this Subparagraph, when the repaired property is (1) delivered
to a common carrier or to the United States Post Office for transportation
outside the state, or (2) delivered outside the state by use of the repair
dealers own vehicle or by use of an independent trucker. However, as to
aircraft, delivery may be by the best available means. This exclusion shall
not apply to sales and use taxes levied by any other parish, municipality or
school board. However, any other parish, municipality or school board may
apply the exclusion as defined in this Subparagraph to sales or use taxes
levied by any such parish, municipality, or school board. Offshore areas
shall not be considered another state for the purpose of this Subparagraph.
(II) For purposes of the sales and use tax levied by the tax authorities in
Calcasieu Parish, charges for the furnishing of repairs to aircraft shall be
excluded from sales of services, as defined in this Subparagraph, provided
that the repairs are performed at an airport with a runway that is at least
ten thousand feet long, one hundred sixty feet wide, and fourteen inches
thick.
* * *
Section 2. This Act shall become effective upon signature by the governor
or, if not signed by the governor, upon expiration of the time for bills to
become law without signature by the governor, as provided by Article III,
Section 18 of the Constitution of Louisiana. If vetoed by the governor and
subsequently approved by the legislature, this Act shall become effective on
the day following such approval.
Approved by the Governor, May 22, 2015.
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 2
--HOUSE BILL NO. 93
BY REPRESENTATIVE HAVARD
AN ACT
To amend and reenact R.S. 34:3283(A)(introductory paragraph), relative to
the West Feliciana Parish Port Commission; to provide for the frequency of
commission meetings; and to provide for related matters.
Section 1. R.S. 34:3283(A)(introductory paragraph) is hereby amended and
reenacted to read as follows:
3283. Officers; meetings; quorum; report
A. The commission shall elect annually from among the commissioners a

president, a vice president, a secretary, and a treasurer whose respective
duties shall be prescribed by the commission. At the option of the
commission, the offices of secretary and treasurer may be held by the same
person. The commission shall meet in regular session once each month
yearly and shall also meet in special session at the call of the president
of the commission or on the written request of three commissioners. The
commission shall prescribe rules to govern its meetings and shall fix the
place at which meetings shall be held. A majority of the commissioners,
not including vacancies, shall constitute a quorum. All actions of the
commission shall be approved by the affirmative vote of a majority of the
commissioners present and voting. However, no action of the commission
shall be authorized on the following matters unless approved by a majority
of the total commissioners:
* * *
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 3
BY REPRESENTATIVE TERRY LANDRY AND
SENATORS ALLAIN, LONG, RISER, AND THOMPSON
AN ACT
To amend and reenact R.S. 3:1746(C), relative to sweet potato tax
disbursements; to provide for an increase in sweet potato tax
disbursements; to provide for the modification of the percentages of
disbursements allocated to the Louisiana Sweet Potato Association and
the Louisiana Agricultural Experiment Station; and to provide for related
matters.
Section 1. R.S. 3:1746(C) is hereby amended and reenacted to read as
follows:
1746. Collection, deposit, and disbursement of sweet potato tax money
* * *
C. The proceeds of one cent two cents of the fourcent per bushel tax
collected each year shall be disbursed by the commissioner when authorized
by a majority of the commission as follows:
(1) Onefourth One-eighth of the above amount to finance activities and
services initiated by the Louisiana Sweet Potato Association as approved by
a majority of the members of the commission.
(2) Threefourths Seven-eighths of the above amount to the Louisiana
Agricultural Experiment Station to finance sweet potato research work as
approved by a majority of the members of the commission.
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 4
BY REPRESENTATIVE JIM MORRIS AND SENATOR PEACOCK
AN ACT
To designate the section of Interstate Highway 49 from the overpass at the
interchange with U.S. Highway 71, in Caddo Parish, to the Arkansas state
line in memory of Greg Wall, Professional Engineer.
Section 1. The section of Interstate Highway 49 from the overpass at the
interchange with U.S. Highway 71, mile marker 234.1, to the Arkansas state
line, mile marker 246.6, shall be hereafter known and designated as the
Greg Wall, P.E. Memorial Highway.
Section 2. The Department of Transportation and Development or its
contractors are hereby directed to erect and maintain appropriate signage
reflecting this designation.
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 5
BY REPRESENTATIVE CHANEY AND
SENATORS ALLAIN, GALLOT, LONG, AND THOMPSON
AN ACT
To amend and reenact R.S. 3:266(23), relative to certain powers of the
Louisiana Agriculture Finance Authority; to clarify the type of programs
that the authority can use to promote the purchase of Louisiana agricultural
products; and to provide for related matters.
*
As
it
appears
in
the
enrolled
bill
CODING: Words in struck through type are deletions from existing law; words underscored
THE ADVOCATE
(House Bills) and underscored and boldfaced (Senate Bills) are additions.
PAGE 1

Section 1. R.S. 3:266(23) is hereby amended and reenacted to read as
follows:
266. Powers of authority
* * *
(23) Establish, administer, and supervise an incentive program programs
to promote the purchase of Louisiana agricultural products.
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 6
BY REPRESENTATIVES BERTHELOT, ADAMS, ANDERS, ARNOLD,
BARRAS, BARROW, BOUIE, BROWN, HENRY BURNS, BURRELL,
CARMODY, CARTER, CHANEY, CONNICK, COX, FOIL, FRANKLIN,
GAROFALO, GISCLAIR, HALL, HARRISON, HAVARD, HOFFMANN,
HOWARD, HUNTER, MIKE JOHNSON, ROBERT JOHNSON, KLECKLEY,
NANCY LANDRY, LEBAS, LEGER, LEOPOLD, LOPINTO, LORUSSO,
MONTOUCET, ORTEGO, OURSO, PUGH, PYLANT, REYNOLDS, RICHARD,
SCHEXNAYDER, AND SMITH
AN ACT
To enact R.S. 47:463.183, relative to motor vehicle special prestige license
plates; to provide for the Challenge ALS special prestige license plate;
to provide for creation, issuance, and design of such license plates; to
provide relative to the fee and distribution of fees for such plates; to
authorize the promulgation of rules and regulations relative to the creation
and implementation of a special prestige license plate; and to provide for
related matters.
Section 1. R.S. 47:463.183 is hereby enacted to read as follows:
463.183. Special prestige license plates; ALS
A. The secretary of the Department of Public Safety and Corrections shall
establish a special prestige motor vehicle license plate to be known as the
Challenge ALS plate. These license plates shall be restricted to use on
passenger cars, pickup trucks, recreational vehicles, and vans.
B. The color and design of the license plate shall be selected by the ALS
Association Lousiana-Mississippi Chapter, provided it is in compliance with
R.S. 47:463(A)(3). The design shall include the words Challenge ALS.
C. The special prestige license plate shall be issued, upon application,
to any citizen of Louisiana in the same manner as any other motor vehicle
license plate.
D. The department shall collect an annual royalty fee of thirty dollars that
shall be disbursed in accordance with Subsection E of this Section. This fee
shall be in addition to the standard motor vehicle license tax imposed by
Article VII, Section 5 of the Constitution of Louisiana, and a handling fee of
three dollars and fifty cents for each plate to be retained by the department
to offset a portion of administrative costs.
E. The annual royalty fee collected by the department shall be forwarded
to the ALS Association Louisiana-Mississippi Chapter or its successor
organization. The monies received from the royalty fees shall be used solely
for amyotrophic lateral sclerosis research.
F. The secretary shall promulgate rules and regulations as are necessary
to implement the provisions of this Section.
A true copy:
Tom Schedler
Secretary of State
--------

A true copy:
Tom Schedler
Secretary of State
-------ACT No. 8
BY REPRESENTATIVES WHITNEY AND HARRISON
AN ACT
To rename a portion of Louisiana Highway 24 in Gray, Louisiana, as the
Northpark Bridge; and to provide for related matters.
Section 1. The bridge on Louisiana Highway 24 over Bayou Terrebonne
in Gray, Louisiana, commonly referred to as the John Bridge, is hereby
renamed and designated as the Northpark Bridge.
Section 2. The Department of Transportation and Development or its
contractors are hereby directed to erect and maintain appropriate signage
reflecting this designation.
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 9
--SENATE BILL NO. 4
BY SENATOR ALARIO AND
REPRESENTATIVES BILLIOT AND GISCLAIR
Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of
Louisiana.
AN ACT
To name the new bridge across Caminada Pass to Grand Isle on LA 1 in
Jefferson Parish as the Andy P. Valence Memorial Bridge; and to provide
for related matters.
Section 1. The new bridge across Caminada Pass to Grand Isle on LA 1
in Jefferson Parish shall hereby be named the Andy P. Valence Memorial
Bridge.
Section 2. The Department of Transportation and Development is hereby
directed to erect and maintain appropriate signage of this designation.
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 10
--SENATE BILL NO. 6
BY SENATOR PERRY AND REPRESENTATIVES ADAMS, ARMES,
BROWN, COX, CROMER, FOIL, FRANKLIN, GISCLAIR, GUILLORY,
GUINN, HENSGENS, HONORE, JAMES, NANCY LANDRY, TERRY
LANDRY, MIGUEZ, JAY MORRIS, JIM MORRIS, NORTON, ORTEGO,
PEARSON, REYNOLDS, ST. GERMAIN AND THIERRY
Louisiana.
AN ACT
To name U.S. Highway 167 between the southern corporate limits of
the Village of Maurice and the northern corporate limits of the city of
Abbeville in Vermilion Parish the Deputy Allen Bares, Jr. Memorial
Parkway; and to provide for related matters.
Section 1. Notwithstanding any prior designation to the contrary, U.S.
Highway 167 between the southern corporate limits of the village of Maurice
and the northern corporate limits of the city of Abbeville in Vermilion Parish
shall hereby be named the Deputy Allen Bares, Jr. Memorial Parkway.
directed to erect and maintain appropriate signage of this designation.
Approved by the Governor May 22, 2015.
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 7
BY REPRESENTATIVE WILLMOTT
AN ACT
To amend and reenact R.S. 37:761(A)(l), relative to qualifications of applicants
for a dental license; to allow persons with valid and current legal authority
to reside and work in the United States to apply for a dental license; and to
Section 1. R.S. 37:761(A)(l) is hereby amended and reenacted to read as
follows:
761. Requirements of applicants for dental license
A. The board shall require that every applicant for a dental license shall:
(1) Be a citizen or a permanent resident of the United States unless
otherwise prohibited by the North American Free Trade Agreement possess
valid and current legal authority to reside and work in the United States
duly issued by the United States Citizenship and Immigration Services or
its successor.
* * *
* As it appears in the enrolled bill
THE ADVOCATE
PAGE 2
ACT No. 11
--SENATE BILL NO. 7
BY SENATOR GUILLORY AND
REPRESENTATIVES LEBAS, THIBAUT AND THIERRY
Louisiana.
AN ACT
To designate certain highways and bridges in the state highway system;
to designate the intersection of Louisiana Highway 182 and Louisiana
Highway 358 in Opelousas as the St. Landry Parish Memorial Intersection;
to designate the US 190 bridge in Krotz Springs as the Frank and Sal
Diesi Bridge; and to provide for related matters.
Section 1. The intersection of Louisiana Highway 182 and Louisiana
Highway 358 in Opelousas is hereby designated as the St. Landry Parish
Memorial Intersection.
Section 2. The US 190 bridge crossing the Atchafalaya River near Krotz
Springs is hereby designated as the Frank and Sal Diesi Bridge.
Section 3. That portion of Louisiana Highway 182 from the intersection of
Louisiana Highway 182 and Harry Guilbeau Road in Opelousas, Louisiana,
to the intersection of Louisiana Highway 182 and Louisiana Highway 358 is
hereby designated as the St. Landry Parish Veterans Memorial Highway.
directed to erect and maintain appropriate signs of these designations,
limited to two signs at each location.
A true copy:
Tom Schedler
Secretary of State
--------
(a) A municipality that contains a site selected by a site selection organization

for a qualified event and is a party to an event support contract.
(b) A municipality that does not contain a site selected by a site selection
organization for a qualified event, but is included in the market area for the
event as designated by the secretary and is a party to an event support contract.
(2) Endorsing parish means either of the following:
(a) A parish that contains a site selected by a site selection organization for a
qualified event and is a party to an event support contract.
(b) A parish that does not contain a site selected by a site selection
organization for a qualified event, but is included in the market area for the
event as designated by the secretary and is a party to an event support contract.
(3) Event support contract or event contract means a joint undertaking,
joint agreement, or a similar contract executed by a local organizing committee,
an endorsing municipality, or an endorsing parish and a site selection
organization.
(4) Local organizing committee means an organization created as the
official host entity sanctioned by an endorsing municipality or parish for a
specified major event.
(5) Qualified event or qualified major event means a National Football
League Super Bowl, a National Collegiate Athletic Association Final Four
tournament game, the National Basketball Association All-Star Game, the X
Games, a National Collegiate Athletic Association Division I Football Bowl
Subdivision postseason playoff or championship game, the World Games,
a national collegiate championship of an amateur sport sanctioned by the
national governing body of the sport that is recognized by the United States
Olympic Committee, an Olympic activity including a Junior or Senior activity,
training program, or feeder program sanctioned by the United States Olympic
Committees Community Olympic Development Program, a mixed martial
arts championship, the Breeders Cup World Championships, a Bassmasters
Classic, a National Motorsports race, the Red Bull Signature Series, a National
Collegiate Athletic Association football kickoff game, a national championship
or Olympic trials of an amateur or professional sport sanctioned by the national
governing body of the sport, the United States Bowling Congress Tournament,
a national military event, or a national political convention of the Republican
National Committee or of the Democratic National Committee. The term
includes any activities related to or associated with a qualified event.
(6) Secretary means the secretary of the Department of Economic
Development.
(7) Site selection organization means any of the following:
(a)
The National Football League, the National Collegiate Athletic
Association, the National Basketball Association, the International World
Games Association, or the United States Olympic Committee.
(b) The national governing body of a sport that is recognized by the United
States Olympic Committee.
(c) The National Thoroughbred Racing Association.
(d) The Republican National Committee or Democratic National Committee.
(e) The United States Bowling Congress.
(f) The national governing body of an organization, not listed in Subparagraphs
(a) through (e) of this Paragraph, that schedules a qualifying event as defined in
Subparagraph (5) of this Paragraph.
B.(1) There is hereby established in the state treasury a special subfund in the
Mega-Project Development Fund to be known as the Major Events Incentive
Program Subfund, hereafter in this Section, the subfund.
(2) Beginning with the 2015-2016 Fiscal Year and for each fiscal year
thereafter, and after allocation of money to the Bond Security and Redemption
Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana,
the treasurer shall transfer in and credit to the subfund an amount equal to
the sum of the incremental increase in state tax receipts generated by the
occurrence of all qualified events.
(3) Monies in the subfund shall be invested in the same manner as monies
in the Louisiana Mega-Project Development Fund and any interest earned on
the investment of monies in the subfund shall be credited to the subfund. All
unexpended and unencumbered monies in the subfund at the end of the fiscal
year shall remain in the subfund.
(4) Subject to legislative appropriation and the approval of the Joint Legislative
Committee on the Budget, the treasurer shall disburse monies as provided in
R.S. 51:2365 to each eligible entity at times and in amounts as determined by
the secretary and approved by the Joint Legislative Committee on the Budget.
C.(1) Subject to legislative appropriation and the approval of the Joint
Legislative Committee on the Budget, the secretary of the Department of
Economic Development is hereby authorized to enter into a contract with a
local organizing committee, endorsing parish, or endorsing municipality to
recruit, solicit, or acquire for Louisiana any qualified event that will have a
significant positive impact on economic development in the state. The contract
shall provide for a financial commitment to the local organizing committee,
endorsing parish, or endorsing municipality which shall be subject to
legislative appropriation.
(2) The amount of the incremental increase in certain state tax receipts
generated within the designated area by the occurrence of the qualified event
during a specified period shall be determined by the secretary. The secretary
shall notify the Joint Legislative Committee on the Budget and the treasurer of
his determination and, upon the direction of the Joint Legislative Committee on
the Budget, the treasurer shall transfer the amount of the incremental increase
to the subfund. Such state tax receipts shall be limited to excise tax and sales
ACT No. 12
--SENATE BILL NO. 218
BY SENATORS MURRAY AND ALARIO AND REPRESENTATIVES
ABRAMSON, ADAMS, ARNOLD, BARROW, BILLIOT, WESLEY BISHOP,
BOUIE, CONNICK, COX, HALL, HUNTER, JAMES, JEFFERSON, LEGER,
LEOPOLD, LOPINTO, LORUSSO, MORENO, NORTON, SCHRODER, ST.
GERMAIN, STOKES AND TALBOT
AN ACT
To amend and reenact R.S. 51:2365(D)(1) and (3) and (F)(2), and to enact R.S.
51:2365(F)(1)(d) and 2365.1, relative to dedication of funds; to dedicate
money to fund incentives for attracting specified major events; to establish
the Major Events Incentive Program Subfund as a subfund of the Louisiana
Mega-Project Development Fund, a special fund in the state treasury;
to provide for the deposit of monies into and use of such monies in the
subfund; to provide for the appropriation of monies from the subfund; to
establish a program for such incentives; to provide for qualifications for
payments from the dedicated funds; to provide for an effective date; and to
Section 1. R.S. 51:2365(D)(1) and (3) and (F)(2) are hereby amended and
reenacted and R.S. 51:2365(F)(1)(d) and 2365.1 are hereby enacted to read as
follows:
2365. Louisiana Mega-Project Development Fund
* * *
D.(1) Monies in the fund shall be available for appropriation for general
purposes and for use by the Department of Economic Development,
hereinafter referred to as the department. Such appropriations shall be
used by the secretary of the department for immediate funding of all or a
portion of economic development mega-projects which may be necessary in
order to successfully secure the creation or retention of jobs by a business
entity or a qualified major event under such circumstances as established by
this Part.
* * *
(3) The department shall make available upon request the economic
impact analysis on an economic development project which receives monies
from the fund. This Subparagraph shall not apply to a mega-project which is a
qualified major event as defined in R.S. 51:2365.1.
* * *
F.(1) For purposes of this Section, mega-project means:
* * *
(d) A qualified major event as defined in R.S. 51:2365.1(A)(5) which meets all of
the requirements for eligibility as set forth in R.S. 51:2365.1(D).
(2) Except for a mega-project as provided in Subparagraph Subparagraphs
(1)(b) and (d) of this Subsection, the investment by the state in any megaproject shall not exceed thirty percent of the total cost of the project as
described by the cooperative endeavor agreement.
* * *
2365.1. Major Events Incentive Program and the Major Events Incentive
Program Subfund
A. Definitions
As used in this Section:
(1) Endorsing municipality means either of the following:
THE ADVOCATE
PAGE 3
and use taxes, excluding state hotel and motel occupancy taxes. The amount of
the incremental increase shall not include local tax receipts.
D. An event not included in the definition of qualified event is ineligible for
funding under R.S. 51:2365. A qualified event may receive funding under R.S.
51:2365 only if all of the following conditions are met:
(1) After considering through a highly competitive selection process one or
more sites that are not located in this state, a site selection organization selects
a site located in this state for an event to be held once, or for an event scheduled
to be held annually for a period of years under an event contract.
(2) A site selection organization selects a site in this state as the sole site for
the event.
(3) The event is held not more frequently than annually.
Section 2. This Act shall become effective on July 1, 2015.
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 13
--HOUSE BILL NO. 75
BY REPRESENTATIVE SEABAUGH
AN ACT
To amend and reenact R.S. 13:962(I), relative to court reporters; to authorize
an increase in certain court costs collected by the clerk of court for the First
Judicial District Court; to provide for the removal of certain exceptions
relative to the costs collected in certain proceedings; to provide for an
effective date; and to provide for related matters.
Section 1. R.S. 13:962(I) is hereby amended and reenacted to read as
follows:
962. Court reporters for the first judicial district First Judicial District
* * *
I. The clerk of court of the First Judicial District Court shall collect from
any person filing any type of civil suit or proceeding, intervention, third party
demand, or reconventional demand the following amounts, which shall be
maintained by him in a separate account designated as the court reporters
fund. The clerk of court shall collect in all suits or proceedings a sum to
be set by a majority of the judges not to exceed fifty seventy-five dollars,
with the exception of succession proceedings and foreclosure proceedings
by executory process, in which event the amount to be collected shall not
exceed thirty-five dollars; and with the further exception of tutorships,
emancipations, mandamus suits to cancel mortgages, and money claims of
less than one thousand dollars, in which event the amount to be collected
shall not exceed thirty-five fifty dollars,; said deposits to be taxed as costs.
Nothing in this Subsection shall be construed to affect the rights of any
litigant proceeding under Article 5181 et seq. of the Louisiana Code of Civil
Procedure Article 5181 et seq.
* * *
A true copy:
Tom Schedler
Secretary of State
--------
sheriff or magistrate of the mayors court and placed in a special account

to be used exclusively for the funding of the juvenile detention facility of
the Feliciana Juvenile Justice District, as provided in R.S. 15:1107.4(A).
submitted to the district attorneys office for the Twentieth Judicial District,
who shall distribute the funds to each drug and alcohol awareness program
in the parishes of East Feliciana and West Feliciana, whereby each program
shall receive two dollars from each special court cost collected. The district
attorney shall retain one dollar of the special court cost to defray the costs
of administrative fees and any other expenses associated with the collection
and distribution of the funds.
Section 2. On July 31, 2015, all monies remaining in the special account
created by Act No. 321 of the 2007 Regular Session shall be retained for
the Feliciana Juvenile Justice District to be used in accordance with the
provisions of R.S. 15:1107 et seq.
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 15
BY REPRESENTATIVE LEBAS
AN ACT
To amend and reenact R.S. 22:2195, relative to the authority of the
commissioner of insurance; to provide relative to a notice of wrongful
conduct; to provide for the contents of the notice, including informing the
person of the opportunity to show cause as to why regulatory action should
not be taken; and to provide for related matters.
Section 1. R.S. 22:2195 is hereby amended and reenacted to read as follows:
2195. Show Notice of wrongful conduct; opportunity to show cause notice
If any person is entitled to a hearing by pursuant to any provision of this
Code, before any proposed action is taken, the notice of the proposed action
may be in the form of a notice to show cause stating that the proposed action
may be taken, unless such person shows cause at a hearing to be held as
specified in the notice why the proposed action should not be taken, and
stating the basis of the proposed action. the commissioner shall issue a
notice of wrongful conduct prior to the taking of any regulatory action. The
notice shall contain allegations of fact describing the wrongful conduct and
cite the provisions of law that the commissioner deems to have been violated.
The notice shall also inform the person of the opportunity to show cause, in
a manner specified in the notice, as to why regulatory action should not be
taken.
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 16
--HOUSE BILL NO. 1
General Appropriations
will publish in a later edition.
ACT No. 14
BY REPRESENTATIVE HAVARD
AN ACT
ACT No. 17
To amend and reenact R.S. 15:1107.6, relative to the use of court costs in
--the Twentieth Judicial District; to rededicate certain court costs from the
HOUSE BILL NO. 470
Feliciana Juvenile Justice District to the district attorneys office for the
BY REPRESENTATIVE MIGUEZ
Twentieth Judicial District; to provide for the collection, allocation, and
AN ACT
use of such funds; and to provide for related matters.
To amend and reenact R.S. 13:996.37(A), relative to additional court costs
or fees; to provide for an increase in court costs or fees for the judicial
Section 1. R.S. 15:1107.6 is hereby amended and reenacted to read as
expense fund of the Sixteenth Judicial District Court; and to provide for
follows:
related matters.
1107.6. Court costs; criminal and traffic cases; district and mayors courts; Be it enacted by the Legislature of Louisiana:
Feliciana Juvenile Justice District; juvenile detention facility Twentieth
Section 1. R.S. 13:996.37(A) is hereby amended and reenacted to read as
Judicial District; funding for drug and alcohol awareness programs
follows:
In the parishes within the jurisdiction of the district, in addition to any
996.37. Judicial expense fund for Sixteenth Judicial District
fines or costs imposed by law, in all felony and misdemeanor prosecutions,
A. In addition to all other fees or costs now or hereafter provided by law,
including traffic offenses, under state law or parish or local ordinance, in each clerk of court in the Sixteenth Judicial District shall collect from every
any district or mayors court, as may be applicable, special court costs in person filing any type of civil suit or proceeding and who is not otherwise
the amount of five dollars shall be assessed against every defendant who exempted by law from the payment of court costs a sum to be determined by
is convicted after trial or who enters a plea of guilty or nolo contendere the judges of said the district, sitting en banc, which sum shall not exceed
or who forfeits bond. The monies from such costs shall be collected by the fifteen thirty-five dollars, subject, however, to the provisions of Louisiana
THE ADVOCATE
PAGE 4
Code of Civil Procedure, Article 5181, et seq. In all criminal cases over
which the Sixteenth Judicial District Court has jurisdiction, there shall be
taxed as costs against every defendant who is convicted after trial or after
he pleads guilty or who forfeits his bond a sum likewise determined, but
which shall not exceed five twenty-five dollars, which shall be in addition
to all other fines, costs, or forfeitures lawfully imposed, and which shall be
transmitted to the said clerk for further disposition in accordance herewith.
* * *
A true copy:
Tom Schedler
Secretary of State
--------
of this Part, the governor may, in his discretion, appoint the applicant or
applicants to existing vacancies.
1046. Oath of office and bond
The pilots shall take an oath of office and furnish bond in favor of the
governor conditioned upon the faithful performance of the duties imposed
by this Part, to the extent of one thousand dollars, approved by the Board of
Commissioners of the Port of New Orleans board of examiners.
* * *
1048. Pilotage fees; exceptions
A. The pilots shall be entitled to ask and receive a pilotage fee per foot
of water drawn by the vessels piloted by them up or down the Mississippi
river as follows: towit: The pilots shall be entitled to ask for and receive
a pilotage fee. The pilots fees shall be established by the Pilotage Fee
Commission as described in R.S. 34:1121 et seq.
Between the port of New Orleans and all intermediate ports to and
including the port of Baton Rouge, per draft foot $ 6.75
Shifting: docks to anchor, or anchor to docks $ 50.00
Dead ships to be charged double shifting fee.
Docking or undocking ships head down, additional $ 25.00
Compass adjusting
$ 43.75
Trial trip, in and out, not to exceed 8 hours
Regular draft rate
Additional charge per hour or fraction thereof for more than 8 hours $
10.00
Ships enroute, taking 11 hours or more, but less than 12 hours
Regular draft rate plus flat $50.00
Ships enroute, taking 12 hours or more T wo pilotages
Second pilotage at regular draft rate not to exceed
$150.00 maximum
Transportation costs to or from vessel at outlying points as per tariff and
boat service to or from vessel at anchor or underway shall be borne by vessel.
Vessels subject to pilotage fees shall be any vessel moving from a point
between Baton Rouge and New Orleans.
Discharge
Within port limits of New Orleans and Baton Rouge
$ 10.00
Outside port limits of New Orleans and Baton Rouge $ 25.00
Detention per hour
$ 10.00
Minimum draft
15 feet
B. These Pilots charges shall be paid by every vessel subject to pilotage
navigating between the ports of New Orleans and Baton Rouge and
intermediate ports; provided that should any vessel have a draft of less than
fifteen feet, the pilotage charge shall be computed on a fifteen foot draft.
When pilot services are timely offered and refused, the vessel shall pay the
charges nevertheless.
The pilotage fee shall bear as a lien upon the vessel, which lien shall
prescribe within one year, should the vessel return to the port of New
Orleans within that time.
C. Vessels of one hundred tons or under, lawfully engaged in the coastwide
trade of the United States, shall not be required to take a pilot; but the
master of such the vessel may demand pilot services.
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 18
BY REPRESENTATIVE ARNOLD
AN ACT
To amend and reenact the heading of Part II of Chapter 6 of Title 34 of the
Louisiana Revised Statutes of 1950, R.S. 34:1041, 1042(A), 1044 through
1046, and 1048, relative to steamship pilots; to provide for appointments
relative to new examiners and commissioned steamship pilots; to provide
for qualifications relative to steamship pilots; to provide for pilotage fees;
to repeal obsolete statutory provisions; and to provide for related matters.
Section 1. The heading of Part II of Chapter 6 of Title 34 of the Louisiana
Revised Statutes of 1950, R.S. 34:1041, 1042(A), 1044 through 1046, and 1048
are hereby amended and reenacted to read as follows:
PART II. NEW ORLEANS AND BATON ROUGE
PORT STEAMSHIP PILOTS
1041. Definitions
As used in this Part, the following terms shall have the meaning ascribed
to them in this Section, unless the context clearly indicates otherwise:
(1) Board of commissioners means the Board of New Orleans and Baton
Rouge Steamship Pilot Commissioners for the Mississippi River, established
in R.S. 34:1049.
(2)(1) Board of examiners means the Board of Examiners for New Orleans
and Baton Rouge steamship pilots for the Mississippi River, established in
R.S. 34:1042.
(3)(2) Pilot means a New Orleans and Baton Rouge Steamship Pilot, as
designated in R.S. 34:1043.
1042. Board of steamship pilot examiners; members; appointment; oath of
office; powers and duties
A. The governor shall appoint, by and with the advice and consent of the
Senate, three citizens who shall form the Board of Examiners for New Orleans
and Baton Rouge Steamship Pilots for the Mississippi River from the port
of New Orleans to and including the port of Baton Rouge and intermediate
ports. The examiners so appointed shall serve for a term of two years and
their successors shall be appointed by the governor, and shall serve for
terms of two years. When an examiner vacancy occurs on the board, the
board shall make a recommendation to the governor to fill the vacancy. The
board shall recommend only those pilots who have served at least five years
as an unrestricted Louisiana state commissioned New Orleans and Baton
Rouge Steamship Pilot. The examiners shall continue in office until their
successors are appointed and qualified. The examiners shall be appointed
from those pilots who have, for at least one year immediately preceding,
exercised the functions of river pilots from the port of New Orleans to and
including the port of Baton Rouge and intermediate ports upon seagoing
vessels; and thereafter the appointments Appointments shall be exclusively
made from the pilots commissioned by virtue of this Part. The governor, in
ACT No. 19
appointing the examiners, shall designate the president of the board. The
--examiners shall be removable by the governor for cause, and shall qualify
HOUSE BILL NO. 641
by taking an oath of office.
BY REPRESENTATIVE GUILLORY
* * *
AN ACT
1044. Appointment of pilots; minimum number
To amend and reenact R.S. 27:30.6(D), (G), (I)(4), (J), and (L), relative to the
The first nine pilots provided for in R.S. 34:1043 shall be appointed by the
central computer system for monitoring of electronic gaming devices;
governor from those pilots who have been actively and continuously engaged
to remove the requirement that the central computer be located within
for one year previous in piloting seagoing vessels from the port of New
the Department of Public Safety and Corrections, office of state police,
Orleans to the port of Baton Rouge and intermediate ports and return, and
gaming division; to provide for technical corrections; to provide relative to
thereafter there shall not be less than nine such pilots. Pilots provided for
legislative approval of fees to defray the costs of administering the central
in R.S. 34:1043 shall be appointed by the governor from those pilots who have
computer system; and to provide for related matters.
been recommended to the governor pursuant to the provisions outlined in Be it enacted by the Legislature of Louisiana:
the board of examiners rules and regulations.
Section 1. R.S. 27:30.6(D), (G), (I)(4), (J), and (L) are hereby amended and
1045. Examination of pilots; qualifications
Whenever there exists a necessity for more pilots the board of examiners
30.6. Electronic gaming devices; central computer system
shall hold examinations, under such rules and regulations, and with such
* * *
requirements as it may provide, with the governors approval. No applicant
D. The central computer system authorized by the provisions of this
shall be considered by said the board unless he submits proper evidence of Section shall be designed and operated to allow the monitoring and reading
moral character, and is a voter of this state, has a first class pilot license issued of electronic gaming devices on licensed riverboats and at live racing
by the United States Coast Guard and served six months apprenticeship in facilities for the purposes of maintaining the security and integrity of the
his proposed calling and complies with all requirements set forth in the devices and the integrity of the information reported to the system, so that
boards Pilot Development Program as provided for in Subpart 3 of Part 70 of the fiscal responsibility of the licensees with regard to their obligations to
Title 46, comprised of LAC 46:LXX:6101 et seq. Upon the certification of the the state will be ensured. The central computer system authorized by the
board to the governor that the applicant has complied with the provisions provisions of this Section shall be located within and administered by the
THE ADVOCATE
PAGE 5
Department of Public Safety and Corrections, office of state police, gaming

division.
* * *
G. The central computer system shall not provide for the monitoring or
reading of personal or financial information concerning patrons of gaming
activities conducted on a riverboat or at live racing facilities.
* * *
I. The Department of Public Safety and Corrections, office of state police,
shall impose and collect an annual fee not in excess of fifty dollars on
each electronic gaming device linked by telecommunication to the central
computer system as provided by this Section. The purpose of the fee shall be
to defray the costs to the state of acquiring, implementing, and maintaining
the central computer system as provided for in this Section. The annual fee
shall be established in an amount which will generate an amount of funds
in each fiscal year which is equal to the projected cost of administering the
system for that fiscal year. No additional fee shall be imposed with respect
to the central computer system. This fee shall be in addition to any other
fee provided for by this Chapter. The fee shall be subject to the following
provisions:
* * *
(4) No If the amount of the proposed fee exceeds by fifty percent the fee
imposed during the prior year or the sum of twentyfive dollars, the fee
shall not be imposed or collected unless the legislative committees with
jurisdiction over gaming matters as provided by legislative rule have found
that the information and documentation submitted by the Department of
Public Safety and Corrections, office of state police, is sufficient to justify
the amount of the proposed fee and those committees have affirmatively
approved the amount of the proposed fee.
J. The telecommunication between electronic gaming devices on licensed
riverboats and at live racing facilities and the central computer system shall
be in continuous operation at all times.
* * *
L. The provisions of this Section shall not apply to persons licensed
pursuant to the provisions of the Video Draw Poker Devices Control Law
as provided for in Chapter 6 8 of this Title or to the casino gaming operator.
* * *
A true copy:
Tom Schedler
Secretary of State
--------
with the Administrative Procedure Act with input from state and regional
local advisory committees. These rules shall be applicable to all public
and private providers of developmental disabilities services. The office,
through regional offices and human services authorities and districts, shall
serve as the single point of entry into the system.
* * *
C. The human services authorities and districts authorized by state law
shall be responsible for meeting the requirements assigned to the office
by this Chapter for regional local developmental disabilities services
delivery, development, and implementation in the area of their geographic
assignment.
D. The office shall establish regional advisory committees.
(1) Human services authorities and districts shall maintain advisory
committees. These advisory committees shall perform all of the following
functions:
(a) Provide public input into the regional authority or district planning
process and comment on regulations proposed by the office.
(b) Receive timely information on the budget of the office budgets of
their respective human services authorities and districts, in addition to
information on implementation of all services and quality assurance reports
by the office those authorities and districts, and advise the regional offices
and human services authorities and districts.
(c) Collaborate with the regional offices and human services authorities
and districts to develop outreach plans for each region geographic area.
Such outreach plans shall provide for public dissemination of information
regarding developmental disabilities and the services available through
the regional offices and human services authorities and districts.
(2) These advisory committees Each advisory committee shall be composed
of a minimum of twelve members who represent positions and philosophies
held by various groups and advocates for persons with developmental
disabilities and. The membership of each advisory committee shall include,
but not be limited to:
(a) Persons with developmental disabilities.
(b)
Parents and family members representing a cross section of
developmental disabilities services.
(c) Private providers.
(d) Representatives of advocacy organizations and community stakeholders
representing a cross section of developmental disabilities services.
(e) Public providers and administrators of regional administrative units
and human services authorities and districts, who may be appointed as
ad hoc, nonvoting members of regional advisory committees the advisory
committee.
E. The regional local authority, organized as either a regional office or a
ACT No. 20
human services authority or district, shall discharge the following duties:
--(1) Appoint the committee members from names submitted by consumer,
HOUSE BILL NO. 177
provider, and advocacy groups, with the approval of the assistant secretary
BY REPRESENTATIVE WHITNEY
of the office, who shall ensure that committee composition is in compliance
AN ACT
To amend and reenact R.S. 28:451.2(2) and (15)(introductory paragraph), with the state law.
(2) Sixty Ensure that at least sixty percent of the membership shall be of
451.3(A) and (C) through (G), 451.4(B), and 455.2(B), to enact R.S. 28:915(B)
(9), and to repeal R.S. 28:451.2(23), relative to implementation of the each committee is composed of persons with developmental disabilities and
Developmental Disability Law; to provide for responsibilities of human parents and family members representing a cross section of developmental
services authorities and districts within the developmental disabilities disabilities services.
F.(1) The office shall establish a state advisory committee which shall be
services system; to provide for functions of advisory committees of
human services authorities and districts; to delete outdated references to organized as follows:
(a) Provide public input to the office regarding proposed regulations and
regional offices and state developmental centers of the office for citizens
with developmental disabilities within the Department of Health and the development of state planning and budget.
(b) (a) The state advisory committee shall consist of at least two people
Hospitals; and to provide for related matters.
from each region, authority, human services authority or district advisory
Section 1. R.S. 28:451.2(2) and (15)(introductory paragraph), 451.3(A) and committee.
(c) Sixty (b) At least sixty percent of the membership shall be comprised
(C) through (G), 451.4(B), and 455.2(B) are hereby amended and reenacted
of persons with developmental disabilities and parents and family members
and R.S. 28:915(B)(9) is hereby enacted to read as follows:
representing a cross section of developmental disabilities services.
451.2. Definitions
(2) (c) The membership of the state advisory committee shall include at a
As used in this Chapter, the following words, terms, and phrases shall
have the meaning ascribed to them in this Section, except when the context minimum, but not be limited to the following:
(a) (i) Persons with developmental disabilities.
clearly indicates a different meaning:
(b) (ii) Parents and family members representing persons who receive a
* * *
(2) Administrative units means developmental centers, regional offices cross section of developmental disabilities services.
and any other unit established under the administration and supervision of
(c) (iii) Private providers.
(d) (iv) A representative of the American Federation of State, County, and
the office.
Municipal Employees Council #17.
* * *
(e) (v) Representatives of advocacy organizations representing a cross
(15) Human services authority or district means a regional or other
locallybased agency established by state law with special authority or section of developmental disabilities services.
district provided for in Chapter 21 of this Title that has assigned powers,
(f) (vi) Public providers and administrators of regional local administrative
duties, and functions regarding the delivery of mental health, developmental units and human services authorities and districts, who may be appointed
disabilities, and addictive disorders services funded by appropriations from as ad hoc, nonvoting members of the state advisory committee.
(3) (2) The assistant secretary of the office shall appoint the committee
the state and provided through memoranda of agreement with the program
offices of the department. Human In addition to any other duties prescribed members, with the approval of the secretary of the department, from names
in this Title, human services authorities and districts are responsible for all submitted by the regional advisory committees.
of the following:
(4) (3)(a) The state advisory committee shall coordinate with all regional
human services authority and district advisory committees, and shall use
* * *
451.3. Administration of the provisions of this Chapter; regional advisory data provided by the regional advisory those committees in the deliberations
committees; state advisory committee; responsibilities of human services of the committee.
authorities and districts; advisory committees
(b) The state advisory committee shall provide public input to the office
A. The provisions of this Chapter shall be administered and coordinated by regarding proposed regulations and the development of state planning and
the office according to regulations promulgated by the office in accordance budget.
THE ADVOCATE
PAGE 6
G. The regulations promulgated by the office pursuant to this Section

shall:
(1) Promote coordination among the office, human services authorities
and districts, and state and regional local advisory committees.
(2) Promote responsiveness by the office and human services authorities
and districts to input from persons who receive developmental disabilities
services and family members and providers regarding the delivery of
services.
* * *
451.4. State developmental centers; office for citizens with developmental
disabilities
* * *
B. Pinecrest Supports and Services Center, Northwest Supports and
Services Center, and North Lake Supports and Services Center are is
continued as an administrative units unit of this office.
* * *
455.2. Assurances of consistency with regional local and state planning
* * *
B. The office shall promptly review the application and may approve it
according to its consistency with the state and regional local planning and
review for approval of the program model for the population to be served.
The provider shall submit the finding of the office as an attachment to its
initial request for licensure to the department.
* * *
915. Districts; functions, powers, and duties
* * *
B. In addition to the functions as provided in Subsection A of this Section,
the district shall have the following powers and duties:
* * *
(9) To carry out responsibilities relative to developmental disabilities
services delivery provided in R.S. 28:451.3.
* * *
Section 2. R.S. 28:451.2(23) is hereby repealed in its entirety.
A true copy:
Tom Schedler
Secretary of State
--------
(1) A managed care organization.

(2) Any of the following entities as defined in 42 C.F.R. 438.2:
(a) A prepaid ambulatory health plan.
(b) A prepaid inpatient health plan.
(c) A primary care case manager.
Section 2.(A) The Louisiana State Law Institute is hereby directed to
designate R.S. 46:460.51 and 460.52 as Subpart A of Part XIII of Chapter 3 of
Title 46 of the Louisiana Revised Statutes of 1950, and is further directed to
entitle the Subpart General Provisions.
(B) The Louisiana State Law Institute is hereby directed to redesignate
Subpart A of Part XIII of Chapter 3 of Title 46 of the Louisiana Revised
Statutes of 1950, comprised of R.S. 46:460.61 and 460.62, as Subpart B of Part
XIII of Chapter 3 of Title 46 of the Louisiana Revised Statutes of 1950, and is
further directed to retain the heading of the Subpart.
(C) The Louisiana State Law Institute is hereby directed to redesignate
Subpart B of Part XIII of Chapter 3 of Title 46 of the Louisiana Revised
Statutes of 1950, comprised of R.S. 46:460.70 as enacted by Section 1 of this
Act and R.S. 46:460.71, as Subpart C of Part XIII of Chapter 3 of Title 46 of
the Louisiana Revised Statutes of 1950, and is further directed to entitle the
Subpart Claim Filing And Payment.
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 22
BY REPRESENTATIVES HALL AND LEBAS
AN ACT
To amend and reenact R.S. 40:1007(A) and (G), relative to prescription
monitoring; to share prescription monitoring program information with
equivalent programs in other states; to provide for the security of personal
information; and to provide for related matters.
Section 1. R.S. 40:1007(A) and (G) are hereby amended and reenacted to
read as follows:
1007. Access to prescription monitoring information
A. Except as provided in Subsections C, D, E, F, G, H, and I of this Section,
prescription monitoring information submitted to the board shall be
protected health information, not subject to public or open records law,
including but not limited to R.S. 44:1 et seq., and not subject to disclosure.
Prescription monitoring information shall not be available for civil subpoena
from the board nor shall such information be disclosed, discoverable, or
compelled to be produced in any civil proceeding nor shall such records
be deemed admissible as evidence in any civil proceeding for any reason.
Notwithstanding this provision, law enforcement and professional licensing,
certification, or regulatory agencies may utilize prescription monitoring
information in the course of any investigation and subsequent criminal and
administrative proceedings, but only in accordance with federal and state
law and the requirements of this Part.
* * *
G. The board may provide prescription monitoring information in response
to queries from prescription monitoring programs located in other states,
through its participation in a secure interstate data exchange system, and
the information may be used by those programs in a manner consistent with
this Section. However, the board shall not provide prescription monitoring
information to prescription monitoring programs located in other states
unless the laws of the state receiving the information provide at a minimum
both of the following:
(1) That the prescription monitoring information is protected health
information, not subject to the Public Records Law, and not subject to
disclosure.
(2) That the prescription monitoring information shall not be subject to
civil subpoena, nor shall such information be disclosed, discoverable, or
compelled to be produced in any civil proceeding, nor shall such records
be deemed admissible as evidence in any civil proceeding for any reason.
* * *
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 21
BY REPRESENTATIVE ARMES
AN ACT
To amend and reenact R.S. 46:460.51(introductory paragraph) and the
heading of Subpart B of Part XIII of Chapter 3 of Title 46 of the Louisiana
Revised Statutes of 1950, and to enact R.S. 46:442 and 460.70, relative to
the medical assistance program of this state, known also as Medicaid;
to prescribe duties of the Department of Health and Hospitals in
administering the Medicaid program; to provide relative to Medicaid
managed care organizations; to provide relative to provider claims for
certain health services; and to provide for related matters.
Section 1. R.S. 46:460.51(introductory paragraph) and the heading of
Subpart B of Part XIII of Chapter 3 of Title 46 of the Louisiana Revised
Statutes of 1950 are hereby amended and reenacted and R.S. 46:442 and
460.70 are hereby enacted to read as follows:
442. Medicaid provider claims; period for filing
In administering the Medicaid program of this state, the Department of
Health and Hospitals shall not limit the period within which a health care
provider may submit a claim for payment for a covered service rendered to
a Medicaid program enrollee to less than three hundred sixty-five days from
the date the service was provided.
* * *
460.51. Definitions
The As used in this Part, the following terms shall have the following
meanings meaning ascribed in this Section unless the context clearly
indicates otherwise:
* * *
SUBPART B. CLAIM FILING AND PAYMENT
460.70. Timely filing of claims
ACT No. 23
In accordance with the provisions of R.S. 46:442, the department shall not
--limit the period within which a provider may submit a claim for payment
HOUSE BILL NO. 381
for a covered service rendered to an enrollee to less than three hundred
BY REPRESENTATIVES JACKSON AND SIMON
sixty-five days from the date the service was provided. This prohibition
AN ACT
on limiting the claim submission period to less than three hundred sixty- To enact R.S. 40:2154(18), relative to behavioral health services rendered
five days from the date of service shall apply relative to claims submitted
to specialty courts; to exempt from licensure requirements providers
directly to the department and to claims submitted to all of the following
furnishing behavioral health services to certain specialty courts; to
entities:
provide for an effective date; and to provide for related matters.
*
As
it
appears
in
the
enrolled
bill
THE ADVOCATE
PAGE 7

Section 1. R.S. 40:2154(18) is hereby enacted to read as follows:
2154. Applicability
The provisions of this Part shall not apply to the licensing of any of the
following facilities or persons and shall not be construed as requiring any
of the following facilities or persons to seek licensure as a behavioral health
services provider:
* * *
(18) Facilities or services operated for the sole purpose of providing
substance abuse or mental health services to courts that are recognized
and certified by the Louisiana Supreme Court as specialty courts.
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 24
BY REPRESENTATIVES NANCY LANDRY AND HARRISON
AN ACT
To amend and reenact R.S. 9:3893(A)(2)(b), relative to duties of real estate
licensees representing clients; to eliminate the option of clients to waive a
duty imposed on licensees; and to provide for related matters.
Section 1. R.S. 9:3893(A)(2)(b) is hereby amended and reenacted to read
as follows:
3893. Duties of licensees representing clients
A. A licensee representing a client shall:
* * *
(2) Promote the best interests of the client by:
* * *
(b) Timely presenting all offers to and from the client, unless the client
has waived this duty.
* * *
A true copy:
Tom Schedler
Secretary of State
--------
* * *
F.
Any establishment where the business of funeral directing or
embalming as defined in R.S. 37:831 is conducted within this state shall be
duly licensed. An establishment shall be qualified to be licensed to operate
as such if it meets all of the following requirements:
(1) It is managed or is to be managed by a funeral director holding a valid
license, other than a temporary license, from the state of Louisiana. The
funeral director shall manage the establishment on a full-time basis and
funeral directing shall be his principal occupation.
(2) Embalming is performed only by an embalmer and funeral director
holding a valid license from the state of Louisiana or a registered intern
under the supervision of a state-licensed embalmer and funeral director.
(3)(a) It is found, after proper investigation to meet the requirements
established by the board with respect to all of the following:
(i) licensed personnel, Licensed personnel, including those working under
the authority of a temporary license.
(ii) registered Registered interns, and those working under the authority
of a temporary license,.
(iii) embalming Embalming facilities for the sanitation, disinfection, and
preparation of a human body,.
(iv) adequate Adequate buildings,.
(v) display Display rooms for displaying funeral merchandise consisting
of, but not limited to a minimum of six adult caskets of a variety of styles and
quality.
(vi) Other necessary facilities, furnishings, or and equipment and other
necessary facilities to adequately serve the public.
(b) The embalming facilities and display rooms described in this
Paragraph are required in every funeral establishment that is not a branch
establishment.
* * *
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 26
--HOUSE BILL NO. 2
Capital Outlay
ACT No. 27
BY SENATOR WHITE
ACT No. 25
--Louisiana.
HOUSE BILL NO. 554
AN ACT
BY REPRESENTATIVE RITCHIE
To enact R.S. 32:402(C)(5) and (F), relative to motor vehicles; to provide a
AN ACT
licensing exception for law enforcement officers to operate certain law
To amend and reenact R.S. 37:831(introductory paragraph) and (10) and
enforcement vehicles; to provide relative to licensing requirements of
(44) and 842(F)(1) through (3), relative to state licensed embalmers and
certain operators of vehicles in limited circumstances; and to provide for
funeral directors; to provide for definitions relative to branch and funeral
related matters.
establishments; to provide for authorized embalming performed by Be it enacted by the Legislature of Louisiana:
supervised registered interns; to require a minimum number of caskets
Section 1. R.S. 32:402(C)(5) and (F) are hereby enacted to read as follows:
in display rooms of funeral establishments; to provide with respect to
402. All drivers must secure license; exception; emergency vehicle
funeral establishment management; and to provide for related matters.
exception; military personnel exceptions; emergency command post vehicle
exception; law enforcement officer exception; violations
Section 1. R.S. 37:831(introductory paragraph) and (10) and (44) and 842(F)
* * *
(1) through (3) are hereby amended and reenacted to read as follows:
C.
* * *
831. Definitions
(5) Notwithstanding any provision of this Section or any other law to the
For purposes of this Chapter and implementation thereof, the following contrary, the only drivers license required of an operator of an emergency
terms shall have the meaning as defined herein, unless the context clearly command post vehicle or other law enforcement equipment which would
indicates otherwise:
otherwise meet the definition of a commercial motor vehicle, and who is
* * *
employed as a law enforcement officer, shall be a Class E drivers license when
(10) Branch establishment means an auxiliary facility or division operating such vehicle or equipment in the course and scope of his employment.
of a main funeral establishment licensed under the provisions of this Such vehicle or equipment shall be equipped with audible and visual signals as
Chapter and used for the care, embalming, or disposition of dead human required by Federal Motor Carrier Safety Administration rules.
bodies a licensed funeral establishment devoted to or used in the care of
* * *
the body of a deceased person, or maintained or held out to the public, by
F.(1) The exceptions provided for in Subsection C of this Section shall only
advertising or otherwise, as the office or place for the practice of funeral apply to drivers licensed by the state of Louisiana and drivers licensed by a
directing. Ownership of the branch is identical to the ownership of the main state with which Louisiana has a reciprocity agreement.
funeral establishment controlling the branch, and such establishment can
(2) The exceptions in Subparagraphs (C)(1), (2), (4), and (5) of this Section
practically be served by the licensed personnel of the main establishment.
shall only apply to the operation of commercial motor vehicles for which
* * *
the particular exception applies when those commercial motor vehicles are
(44) Funeral establishment means any place or premises duly licensed equipped with audible and visual signals and the operation of the commercial
by the board and devoted to or used in the care and preparation for burial motor vehicle is necessary for the preservation of life or property or in the
disposition of the body of a deceased person or maintained or held out to execution of emergency governmental functions.
the public by advertising or otherwise as the office or place for the practice
of funeral directing.
* * *
842. Minimum qualifications for license
*
As
it
appears
in
the
enrolled
bill
THE ADVOCATE
PAGE 8

A true copy:
Tom Schedler
Secretary of State
-------ACT No. 28
BY SENATOR ERDEY AND REPRESENTATIVES BROWN, GISCLAIR,
GUINN, HILL, HODGES, HONORE, HOWARD, TERRY LANDRY, MACK
AND NORTON
Louisiana.
AN ACT
To enact R.S. 38:90.4(A)(1)(j), relative to the Statewide Flood-Control
Program; to provide for information to be included in applications for
funding of any flood-control projects; and to provide for related matters.
Section 1. R.S. 38:90.4(A)(1)(j) is hereby enacted to read as follows:
90.4. Methodology for flood-control project evaluation
A.(1) Applications for funding of any flood-control projects under the
Statewide Flood Control Program may be submitted by any duly authorized
municipal, parish, or other governing authority. Applications shall be made
to the office of engineering by October first of each year, for consideration of
funding in the following fiscal year. Applications submitted in accordance
with the provisions of this Chapter shall not be subject to the provisions
of R.S. 39:101. Sponsoring authorities with a population of fifty thousand
persons or more shall be responsible for the preparation of applications for
their respective projects. For sponsoring authorities with a population of
less than fifty thousand persons, the office shall prepare the applications
for the projects, or the sponsoring authority may prepare its application in
the event the office cannot accomplish required engineering services in a
timely manner. Information to be provided in the application shall include
but not be limited to the following:
* * *
(j) Any negative and positive impact on adjacent parishes both upstream and
downstream from the project.
* * *
A true copy:
Tom Schedler
Secretary of State
--------
or of notice of default of the contractor or subcontractor, file a copy of sworn

statement of the amount due him with the department having the work done
and record the original sworn statement of the amount due him in the office
of the recorder of mortgages for the parish in which the work is done and file
a certified copy of the recorded sworn statement of the amount due, showing the
recordation data, with the undersecretary of the department.
* * *
256.6. Authorization to cancel the inscription of claims and privileges;
cancellation; lis pendens
A.(1) If a statement of claim or privilege is improperly filed or if the claim
or privilege preserved by the filing of a statement of claim or privilege
is extinguished, the public entity, contractor, or subcontractor, or other
interested person may require the person who has filed a statement of
claim or privilege to give a written authorization directing the recorder of
mortgages to cancel the statement of claim or privilege from his records, or
to file an original lien cancellation certificate with the recorder of mortgages
and to submit a certified copy of the recorded lien cancellation certificate,
showing the recordation data, with the undersecretary of the department.
* * *
256.7. Filing of bond or other security; cancellation of statement of claim
or privilege
* * *
C. Any party who files a bond or other security to guarantee payment
of an obligation secured by a privilege in accordance with the provisions
of Subsection A of this Section shall give notice to the department, the
claimant, and the contractor by certified mail, and shall file a certified copy
of the cancellation of the statement of claim or privilege by the recorder of
mortgages, showing the recordation data, with the undersecretary of the
department by certified mail.
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 30
BY SENATOR HEITMEIER
Louisiana.
AN ACT
To amend and reenact R.S. 48:250.2(A), and to enact R.S. 38:2225.2.5 and R.S.
48:232.1 and 250.2(D), relative to design-build contracts; to authorize any
regional transit authority created by law to let a design-build contract for
new ferries on the Mississippi River; to require that the Department of
Transportation and Development give priority to any bridge project which
replaces a tunnel; to authorize the Department of Transportation and
Development to utilize the design-build method to contract for ferries on
the Mississippi River and for a bridge project which replaces a tunnel; and
to provide for related matters.
Section 1. R.S. 38:2225.2.5 is hereby enacted to read as follows:
2225.2.5. Design-build contracts; authorized use by any regional transit
authority for new ferries on the Mississippi River
A.(1) Notwithstanding any other provision of law to the contrary, and subject
to the provisions of this Section, any regional transit authority created by law
may let contracts for any new ferry on the Mississippi River in which the design
and construction phases of the ferry project are combined into a single contract.
(2) For the purposes of this Section:
(a) Authority means a regional transit authority.
(b) Design-builder means the person or entity contractually obligated to
deliver the design and construction of a new ferry on the Mississippi River.
B. Prior to letting any such contract, an authority shall adopt a resolution
establishing the design-build program for any new ferry. The resolution shall
include, at a minimum, the following provisions:
(1) Requirements that a design-builder to whom a design-build contract is
awarded, or any person or entity to whom a design-builder may sublet, shall
be duly registered, licensed, or otherwise qualified to perform such design
and construction service as required by law, and registered to do business in
Louisiana.
(2) Requirements for the composition of a technical review committee to grade
and judge the statements of qualifications and technical proposals submitted
pursuant to the request for qualifications and the request for technical
proposals. At least one member of the technical review committee shall be a
maritime engineer, and the resolution shall so provide.
(3) Specific requirements for the design-build program and the design-build
contract, including but not limited to:
ACT No. 29
BY SENATOR CORTEZ
Louisiana.
AN ACT
To amend and reenact R.S. 48:251.5(B)(1) and (2), 256.5(B), 256.6(A)(1), and
256.7(C), relative to public contracts of the Department of Transportation
and Development; to provide relative to payment of legal interest on
contract balances; to provide relative to filing of statements of amounts
due by claimants; to provide relative to cancellation of the inscription of
claims and privileges; and to provide for related matters.
Section 1. R.S. 48:251.5(B)(1) and (2), 256.5(B), 256.6(A)(1), and 256.7(C) are
hereby amended and reenacted to read as follows:
251.5. Payments under contract
* * *
B.(1) If the department fails to make any final payments after recordation
of formal final acceptance and within forty-five days following receipt of a
clear lien certificate by the department, the department shall be liable for
legal interest on the balance due on the contract.
(2) If the final estimate by the departments engineer is not completed by
the Expiration of the period prescribed in this Subsection, the retainage
or other payments known by the department to be due and payable shall
be released, but the contractor and the contractors surety shall remain
liable for any overpayment by the department to the contractor, stipulated
damages for delay in a completion or work necessary to repair latent defects,
or in performance of warranty work under the contract.
(2) If the department fails to make any final payment within one hundred
days after its receipt of the clear lien certificate, the department shall be liable
for legal interest on the balance due on the contract.
* * *
256.5. Claimant defined; filing of sworn statements of amounts due;
payment by the department
* * *
B. Any claimant shall, after the maturity of his claim and within forty-five
days after the recordation of final acceptance of the work by the department
THE ADVOCATE
PAGE 9
(a) Public announcement procedures for solicitation of interested design- shall determine what action shall be taken regarding the proposers request to
build competitors. The resolution shall provide that a notice of intent to select a review its final total technical score. Except as provided for in Subsection D of
single legal entity for design-build services and to request letters of interest and this Section, the governing authoritys decision shall be final and not subject to
statements of qualifications from qualified firms or teams shall be distributed appeal by any legal process.
by the authority through advertisement in the official journal of the authority,
(v) The time value, consisting of the product of the proposed contract time
by appearance on the authoritys Internet home page, if any, and by other means expressed in calendar days multiplied by the value-per-calendar-day expressed
to ensure adequate response, including newspapers, trade journals, and other in dollars established by the authority and included in the Scope of Services
forms of media which may be appropriate for specialty services. The notice Package.
of intent shall be advertised a minimum of ten days prior to the deadline for
(vi) The price proposal.
receipt of responses and shall contain a brief description of the project, the
(b) The chairman of the technical review committee shall recommend the
required scope of services, and sufficient information for design-build entities proposal with the lowest adjusted score to the authoritys governing authority.
to determine their interest and to enable them to submit a letter of interest The adjusted score for each entitys design-build proposal shall be determined
and statement of qualifications. The authority may readvertise the notice of by the following formula: Adjusted Score = (Price Bid + Time Value) divided
intent using additional media or publications in an attempt to solicit additional by Technical Score. If the Time Value is not used, the Adjusted Score shall be
responses if the number of responses is inadequate.
determined by the following formula: Adjusted Score = Price Bid divided by
(b) Scope of service requirements to be met by the design-builder selected for Technical Score.
the contract.
D. There shall be no challenge by any legal process to the choice of the
(c) Requirements for a request for qualifications and statements of successful designer-builder unless filed and served on the presiding officer of
qualifications to be submitted by competitors for the design-build contract.
the authoritys governing authority within seven calendar days after the award
(d) Criteria and rating procedures for choosing a short list from among the of the design-build contract. Any such challenge shall be limited to fraud, bias
persons submitting statements of qualifications to whom requests for the for pecuniary or personal reasons not related to the interests of the taxpayers,
submission of technical proposals will be made.
or arbitrary and capricious selection of the successful design-builder. Any
(e) Requirements for cost proposals to be submitted by competitors for the such challenge shall be heard as a summary proceeding by the district court
design-build contract.
of proper venue for the authority not less than ten days after service of the
(f) Requirements concerning how the technical review committee shall petition, excluding legal holidays.
grade, judge, and rank the technical proposals and make recommendations to
E. Once the design-builder has been chosen, a contract for a stipulated
the governing authority of the regional transit authority.
maximum total cost may be executed, as provided in the authoritys award
(g) Requirements for the selection process for the award of the design-build resolution. The final cost of the design-build contract may be increased or
contract.
decreased to account for inflation if provided for in the contract, for changes
C. The design-build program and any design-build contract entered into in the scope of work, or for a combination thereof, or for other conditions of
pursuant to the design-build program shall be subject to the following which the design-builder either did not have knowledge of, or could not have
procedures and limitations:
reasonably foreseen the possibility of, concerning the design and construction
(1) Statements of qualifications from at least two qualified design-build provided any change is related to the original project and scope of services.
competitors must be received in response to a formal request for qualifications
F. The provisions of this Section shall supersede any conflicting provisions of
in order to proceed with a request for technical proposals.
any other law, including but not limited to the requirements of Chapter 10 of
(2) Technical proposals shall be requested from no fewer than two of the this Title.
qualified design-build competitors who submit statements of qualifications for
Section 2. R.S. 48:250.2(A) is hereby amended and reenacted, and R.S.
the design-build program.
48:232.1 and 250.2(D) are hereby enacted to read as follows:
(3) The authority may use a private design professional or its own staff to
232.1. Apportionment of appropriated funds by the department; tunnel
develop a description of the project and the required scope of services. The replacement priority
description of the project and the required scope of services shall include
The Department of Transportation and Development may give priority and
design criteria, analyses, reports, and cost estimates for the design-build advance to construction as expeditiously as possible any bridge project where
project as prepared by a private design professional or the authority staff.
a bridge replaces a tunnel. The department may use any available source of
(4) The technical review committee shall grade, judge, and rank the technical funds to finance such projects, and may use any available source of funds,
proposals and make a recommendation to the authoritys governing authority including the secretarys emergency fund, as matching funds to meet federal
for the awarding of the contract in accordance with requirements of this requirements in order to receive federal aid funds. Notwithstanding any
Section, the resolution, the request for qualifications, and the request for other provision of law to the contrary, the department may contract for such
technical proposals.
projects using any contract method provided by law, including design-build or
(5)(a) The final selection of the design-build competitor to whom the contract construction management at risk.
shall be awarded shall be made by the authoritys governing authority.
* * *
(b) Such selection shall be made upon the basis of the best design for the
250.2. Design-build contracts; administration
purposes set forth in the request for qualifications and the best cost for that
A. Notwithstanding any law to the contrary or the requirements of this
design, taking into account costs of construction and operation and maintenance Part, if the secretary determines it is in the best interest of the taxpayers,
of that design. Competitors from the short list from whom technical proposals the Department of Transportation and Development, with approval of the
have been requested may submit alternate designs and costs to ensure the House and Senate transportation, highways, and public works committees,
greatest number of options from which the award may be made so as to promote may formulate, develop, and implement a program to combine the design and
best cost, as described in this Subparagraph, and the interests of the taxpayers. construction phases of a transportation facility or facilities, including but
(6)(a) An adjusted score approach shall be used by the authority in determining not limited to highways, interchanges, or bridges, ferries on the Mississippi
the winning proposal. An adjusted score shall be determined using the River, or tunnels into a single contract.
* * *
following components:
D. The department shall consider a design-build contract to replace the
(i) The technical score determined by the technical review committee.
Weighing factors may be assigned to each element depending on its relative tunnel on Louisiana Highway 23 and shall submit a written report of its
magnitude or significance to the overall project. Each technical review recommendation to the House and Senate committees on transportation,
committee member shall rate his assigned element of the proposal from each highways, and public works not later than February 1, 2016.
of the entities on the short list and shall submit such scores to the chairman
of the technical review committee. The schedule and price bid shall not be or, if not signed by the governor, upon expiration of the time for bills to
made known to the technical review committee during the scoring process. become law without signature by the governor, as provided by Article III,
The chairman of the technical review committee shall adjust the scores for any Section 18 of the Constitution of Louisiana. If vetoed by the governor and
applicable weighing factors and shall determine the total technical score for subsequently approved by the legislature, this Act shall become effective on
each proposal.
(ii) Prior to determining the adjusted score, the chairman of the technical
review committee shall notify each design-build proposer, in writing, of each A true copy:
Tom Schedler
proposers final total technical score. A proposer may request, in writing, a review
Secretary of State
of its final total technical score by the authoritys designated representative.
-------If any proposer requests a review of its total technical score, the designated
representative shall hold a hearing to review such within a reasonable time
ACT No. 31
after the request has been received by the designated representative. The
--designated representative shall give the requesting proposer reasonable notice
SENATE BILL NO. 161
of the time and place of such hearing. The requesting proposer may appear
BY SENATOR CHABERT
at the hearing and present facts and arguments in support of the request for
review of its final total technical score.
Louisiana.
(iii) The individual scoring of each member of the technical review committee
AN ACT
shall be considered a public record and available for public view.
(iv) The designated representative shall present his findings from the To amend and reenact R.S. 36:508.3(D), the introductory paragraph of R.S.
36:508.4(B), R.S. 36:508.4(B)(3) and (C), and Section 3 of Act No. 719 of the 2014
hearing to the governing authority of the authority. The governing authority
*
As
it
appears
in
the
enrolled
bill
THE ADVOCATE
PAGE 10

establish a special prestige motor vehicle license plate for the Eagle Scouts
program within the Boy Scouts of America. The plate shall be restricted to use
on passenger cars, pickup trucks, vans, and recreational vehicles. The license
plate shall be of a color and design selected by the Boy Scouts of America,
provided that the plate shall comply with all requirements of R.S. 47:463(A)(3).
B. The prestige license plate shall be issued, upon application, to any citizen
of Louisiana in the same manner as any other motor vehicle license plate.
C. The charge for this special license plate shall be the standard motor vehicle
license tax imposed by Article VII, Section 5 of the Constitution of Louisiana,
plus an annual royalty fee of twenty-five dollars for each plate, to be collected by
the department every two years upon renewal of the plate. The annual royalty
fee shall be paid by the department to the appropriate Louisiana council of
the Boy Scouts of America as determined by the zip code of the purchasers
parish of origin, and the council shall use the money solely for its Eagle Scout
program. A handling fee of three dollars and fifty cents shall also be charged
and retained by the department to offset a portion of administrative costs.
D. The secretary shall promulgate rules and regulations as are necessary to
implement the provisions of this Section.
* * *
463.183. Special prestige license plate; Louisiana Licensed Professional
Geoscientist
establish a special prestige motor vehicle license plate for the Louisiana Board
of Professional Geoscientists when the department has received a minimum of
one thousand applications for the plate. The license plate shall be restricted to
passenger cars, pickup trucks, vans, and recreational vehicles. The license plate
shall be of a color and design selected by the Louisiana Board of Professional
Geoscientists, provided that it is in compliance with R.S. 47:463(A)(3).
B. The prestige license plate shall be issued, upon application, to any Louisiana
licensed professional geoscientist in good standing in the same manner as any
other motor vehicle license plate.
C. The charge for this special license plate shall be the standard motor vehicle
license tax imposed by Article VII, Section 5 of the Constitution of Louisiana,
plus an annual royalty fee of twenty-five dollars for each plate, and a handling
fee of three dollars and fifty cents which shall be retained by the department to
offset administrative costs.
D. The annual royalty fee shall be collected by the department and forwarded
to the Louisiana Board of Professional Geoscientists or its successor, for use of
the boards logo. The monies received from the royalty fees shall be used solely
for the support of the programs established and administered by the Louisiana
Board of Professional Geoscientists.
E. Upon the signing of a contract authorizing the use of the logo of the
Louisiana Board of Professional Geoscientists, the secretary shall establish
the special prestige plate in accordance with this Section. The contract shall
include an agreement on the part of the Louisiana Board of Professional
Geoscientists to use the royalty fees as provided for in this Section.
F. The secretary shall promulgate rules and regulations as are necessary to
463.184. Special prestige license plate; Society of St. Vincent de Paul of
Louisiana
establish a special prestige motor vehicle license plate for the Society of St.
Vincent de Paul of Louisiana. The plate shall be restricted to use on passenger
cars, pickup trucks, vans, and recreational vehicles. The secretary shall work
in conjunction with the Society of St. Vincent de Paul of Louisiana to select
the color and design of the plate, provided that the plate shall comply with all
requirements of R.S. 47:463(A)(3).
of Louisiana in the same manner as any other motor vehicle license plate.
C. The charge for this special license plate shall be the standard motor
vehicle license tax imposed by Article VII, Section 5 of the Constitution of
Louisiana, plus an annual royalty fee of twenty-five dollars for each plate, to
ACT No. 32
be collected by the department every two years upon renewal of the plate, and
--a handling fee of three dollars and fifty cents for each plate to be retained by
SENATE BILL NO. 213
the department to offset a portion of administrative costs. The annual royalty
BY SENATORS WALSWORTH, ERDEY, NEVERS AND THOMPSON
fee shall be paid by the department to the Society of St. Vincent de Paul of
Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana to the appropriate Louisiana society as determined by the zip code of
Louisiana.
the purchasers parish of origin, and each society shall use the money solely to
AN ACT
support its charitable programs.
To enact R.S. 47:463.71.1, 463.183, 463.184, and 463.185, relative to motor
D. The secretary shall adopt rules and regulations as are necessary to
vehicle special prestige license plates; to provide for the Eagle Scouts implement the provisions of this Section.
special prestige license plate; to provide for the Louisiana Licensed
463.185. Special prestige license plate; Southern University and A&M
Professional Geoscientist special prestige license plate; to provide for College Marching Band
the Society of St. Vincent de Paul of Louisiana special prestige license
plate; to provide for the Southern University and A&M College Marching establish a special prestige motor vehicle license plate for the Southern
Band special prestige license plate; to provide for creation, issuance, and University and A&M College Marching Band. The plate shall be restricted
design of the license plates; to provide relative to the fee for the plates; to use on passenger cars, pickup trucks, vans, and recreational vehicles. The
to authorize the promulgation of rules and regulations relative to the secretary shall work in conjunction with the director of the Southern University
creation and implementation of the prestige license plates; and to provide and A&M College marching band to select the color and design of the plate,
provided that the plate shall comply with all requirements of R.S. 47:463(A)(3).
Section 1. R.S. 47:463.71.1, 463.183, 463.184, and 463.185 are hereby enacted of Louisiana in the same manner as any other motor vehicle license plate.
to read as follows:
C. The charge for this special license plate shall be the standard motor
463.71.1. Special prestige license plate; Eagle Scouts
vehicle license tax imposed by Article VII, Section 5 of the Constitution of
THE ADVOCATE
PAGE 11
Regular Session of the Legislature, and to enact R.S. 51:3136(A)(9), relative

to the office of multimodal commerce in the Department of Transportation
and Development; to provide for divisions in the office of multimodal
commerce; to extend the time for creation and approval of an operational
plan for the office by the Multimodal Commerce Advisory Commission; to
add the commissioner of the office of multimodal commerce as a member
of the Louisiana Board of International Commerce; to provide a time to
appoint the commissioner of multimodal commerce; and to provide for
related matters.
Section 1. R.S. 36:508.3(D) is hereby amended and reenacted to read as
follows:
508.3. Office of multimodal commerce; functions; commissioner; deputy
commissioner; powers and duties
* * *
D. The powers, duties, responsibilities, budgetary authority, employees,
equipment, facilities, and funding of the office of multimodal commerce
shall be allocated among the following divisions of such office:
(1) Commercial trucking.
(2) Ports and harbors waterways.
(3) Aviation.
(4) Rail Freight and passenger rail development.
(5) Maritime.
(6) Intercity public mass transit.
Section 2. The introductory paragraph of R.S. 36:508.4(B) and R.S.
36:508.4(B)(3) and (C) are hereby amended and reenacted to read as follows:
508.4. Multimodal Commerce Advisory Commission
* * *
B. The Multimodal Commerce Advisory Commission shall meet and develop
an operational plan for the 2015 2016 Regular Session of the Legislature for
the following:
* * *
(3) Proposed legislation for the 2015 2016 Regular Session of the Legislature
necessary to implement the operational plan on July 1, 2016.
C. The operational plan of the Multimodal Commerce Advisory Commission
shall be presented to the Senate and House committees on transportation,
highways, and public works for their review, amendment, and approval no
later than February 1, 2015 2016.
* * *
Section 3. R.S. 51:3136(A)(9) is hereby enacted to read as follows:
3136. Membership of board
A. The board shall consist of the following members:
* * *
(9) The commissioner of the office of multimodal commerce in the Department
of Transportation and Development or his designee.
* * *
Section 4. Section 3 of Act No. 719 of the 2014 Regular Session of the
Legislature is hereby amended and reenacted to read as follows:
Section 3. The provisions of Section 1 of this Act shall become effective on
July 1, 2016, except that the provisions of R.S. 36:508.3(C) shall become effective
January 12, 2016.
Section 5. The provisions of this Section and Section 1 of this Act shall
become effective on July 1, 2016.
Section 6. The provisions of this Section and Section 2 of this Act shall
become effective on July 1, 2015.
Section 7. The provisions of this Section and Sections 3 and 4 of this Act
shall become effective on January 12, 2016.
A true copy:
Tom Schedler
Secretary of State
--------
Louisiana, plus an annual royalty fee of twenty-five dollars for each plate, to be
collected by the department every two years upon renewal of the plate, and a
handling fee of three dollars and fifty cents for each plate to be retained by the
department to offset a portion of administrative costs. The annual royalty fee
shall be paid by the department to the Southern University System Foundation
for deposit into the Human Jukebox Fund, and the Southern University System
Foundation shall utilize such funds solely for academic and financial-needbased scholarships for band members and financial assistance for band trips
and activities.
D. The secretary shall adopt rules and regulations as are necessary to
A true copy:
Tom Schedler
Secretary of State
--------
applicable provisions of Title 39 of the Louisiana Revised Statutes of 1950.

The district may acquire by purchase, donation, or lease and may hold and use
any immovable or movable property, whether corporeal or incorporeal, or any
interest therein necessary or desirable for carrying out the purposes of the
district, and may sell, lease, transfer, or convey any property or interest therein
at any time after such property or interest has been acquired by it.
C. The district shall also have authority to fix and collect, on a gallonage
basis, charges for water so furnished.
D. Ad valorem taxes so levied by the district shall be assessed and
collected in the same manner as state and parish taxes, and the board of
commissioners shall prescribe the method for collecting any fixed charges
levied on a gallonage basis. The treasurer shall be bonded in such sum as
the board may require, the premium on said bond to be paid by the district.
E. The board of commissioners shall have power to take the necessary steps
to effectuate a program of beautification of the area within the jurisdiction
of the commission, particularly but not limited to the banks of Bayou
Lafourche, including the necessary police power and authority to adopt
ACT No. 33
penalties in connection with such program. For the purposes of this Part
--beautification shall have the following meaning: any method, procedure,
SENATE BILL NO. 215
or program which has the effect of creating more pleasant surroundings.
BY SENATOR WALSWORTH
F.(1) In order to accomplish the purposes of the district, the board may make
Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of and enforce such rules, regulations, and ordinances it shall deem necessary:
Louisiana.
(a) To protect and preserve the works, improvements and properties owned or
AN ACT
controlled by the district, prescribe the manner of their use by any person or
To enact R.S. 38:2573, relative to water conservation; to name the dam entity, and preserve order within and adjacent to properties owned or controlled
and spillway at Bayou DArbonne Lake; to direct the Department of by the district.
Transportation and Development to erect and maintain signage; and to
(b) To protect and preserve the waterway from any substance or act which
would render the water therein unfit for the purposes of the district, including
but not limited to prohibiting or regulating the discharge of any substance into
Section 1. R.S. 38:2573 is hereby enacted to read as follows:
the waterway in concentrations which tend to degrade the chemical, physical,
2573. Bayou DArbonne Lake dam and spillway; name
biological, or radiological integrity of the waterway.
A. The dam and spillway at Bayou DArbonne Lake is hereby named the T.T.
(c) To prohibit any person or entity from abandoning, sinking, allowing to
Fields Dam and Spillway.
be sunk, or failing to remove any watercraft from in or on the waterway after
B. The Department of Transportation and Development is hereby directed to having been requested to do so in writing.
erect and maintain appropriate signage of this designation.
(d) To prohibit any person or entity from erecting, locating, constructing,
or using any building or structures within the district that may threaten the
A true copy:
purposes of the district unless a permit has been approved by the board.
Tom Schedler
(e) To prohibit any person or entity from knowingly or willfully emptying,
Secretary of State
draining, or permitting to be drained from any pump, reservoir, well or oil
-------field into the waterway any oil, salt water, or other noxious, toxic, hazardous,
or poisonous gas, liquid, or substance which would render the waterway unfit
ACT No. 34
for the purposes of the district or for human consumption, or would destroy
--the aquatic and fish life in the waterway. Each day that oil, salt water, or other
SENATE BILL NO. 220
prohibited substances are permitted to empty, drain or flow into the waterway
BY SENATOR CHABERT
shall constitute a separate and distinct offense.
AN ACT
(f) To regulate the conduct, management, and control of its operations and
To amend and reenact R.S. 38:3086.21 and 3086.24, relative to the Bayou functions, and its structures and other facilities within its jurisdiction or
Lafourche Fresh Water District; to provide definitions; to provide the under its administration.
district with additional powers; to authorize the district to acquire and
(g) To protect property, life, and the welfare of its employees and the public.
sell certain property; to authorize the promulgation of certain rules,
(h) To control, use, and protect its property, equipment, and other facilities
regulations, and ordinances; to provide penalties; to provide terms, and improvements.
conditions, and requirements; and to provide for related matters.
(i) To control, regulate, and protect the channel and banks of the waterway
Notice of intention to introduce this Act has been published.
from erosion, decay, or destruction.
(j) To control and regulate the pumping of or flowing of water into the waterway
Section 1. R.S. 38:3086.21 and 3086.24 are hereby amended and reenacted from adjacent or nearby canals, drainage systems, bayous, ditches, streams,
to read as follows:
tributaries, or other sources which empty or are pumped into the waterway.
3086.21. Creation; purposes; definitions; jurisdiction
(2) Notwithstanding R.S. 34:851.27 or any other provision of law to the contrary,
A. There is hereby created a body politic and corporate to be known as and upon a declaration of an emergency by the board that the size and speed of
Bayou Lafourche Fresh Water District, for the purpose of furnishing fresh watercraft traveling through the waterway needs to be regulated to protect the
water from any available fresh water source, including any ground water integrity of the banks of the waterway due to low water levels or due to another
and surface water sources to the water purification facilities serving the event causing the banks to be in peril of erosion or instability, the board may:
incorporated villages, towns, and cities along Bayou Lafourche and within
(a) Implement and enforce a no-wake zone where each watercraft shall
or adjacent to the boundaries of the district, as provided in this Part.
operate at bare steerage speed, the slowest speed the watercraft can travel
B. As used in this Part, the following terms and phrases shall have the while allowing the operator to maintain directional control of the watercraft to
following meanings, unless the context requires otherwise:
produce the minimum water surface turbulence.
(1) Board means the board of commissioners of the Bayou Lafourche Fresh
(b) Limit the size of watercraft permitted to travel in certain areas of the
Water District.
waterway until there is no declaration of emergency. Except during times of
(2) District means the Bayou Lafourche Fresh Water District.
a declaration of an emergency by the board, the provisions of this Paragraph
(3) Watercraft means anything used or designated for navigation on water.
shall not supersede or otherwise interfere with the authority of the Department
(4) Waterway means Bayou Lafourche or any navigable bayou or river, or of Wildlife and Fisheries.
portion thereof, located within the geographical boundaries of the district.
(3) The board shall not make and enforce any rules, regulations, and ordinances
* * *
that shall impair the rights and obligations in C.C. Arts. 655 and 656, or that
3086.24. Powers
shall affect any agriculture drainage established prior to the creation of the
A. The domicile of said board shall be in the city of Thibodaux, Lafourche district.
Parish, Louisiana. The district shall have the power to sue and be sued,
G. In addition, the board may adopt an anti-littering ordinance with
through its board of commissioners, and service of process in any such penalties for the violation thereof not to exceed a fine of two hundred fifty
suit against the district shall be made upon the chairman of the board of five hundred dollars.
H.(1) The rules, regulations, and ordinances established and promulgated by
commissioners, the vice chairman, or upon its secretary-treasurer. This
provision shall not constitute a waiver of the governmental immunity to which the board shall provide penalties and shall be enforced by any state or local law
enforcement agency having jurisdiction in the district. Any violations shall be
the district is entitled.
B. The district shall have authority to incur debt, issue bonds, and levy prosecuted by the district attorney in the judicial district where the violation
taxes for the retirement of same, under the provisions of R.S. 33:3811 et seq., occurred.
(2) The rules, regulations, and ordinances may contain penalties, including
and to levy special taxes under the provisions of Article VI, Sections 31
and 32 of the constitution Constitution of Louisiana in accordance with the a fine of not more than five hundred dollars or imprisonment of not more than
provisions of law carrying these Articles into effect and particularly the six months, or both.
THE ADVOCATE
PAGE 12
G.I.(1) The board of commissioners shall have full power to adopt and protection, and to this end, may contract for the acceptance of any grant
enforce, by penal ordinance, such sanitary regulations as it may deem of money upon the terms and conditions, including any requirement of
necessary to protect from pollution the water so furnished, after it leaves matching the grants in whole or in part, that may be necessary.
its source and to that end may regulate the location, construction, or use of
any buildings or structures within the district, where same they threaten to or, if not signed by the governor, upon expiration of the time for bills to
pollute or pollute said water. Any such action by the board shall be subject to become law without signature by the governor, as provided by Article III,
review by the courts.
(2) For the purposes of this Part the following definitions of pollution shall subsequently approved by the legislature, this Act shall become effective on
apply:
(a) Ashes includes the solid residue resulting from the combustion of all
fuels used for heating, cooking, and the production of power in any public or A true copy:
private establishment, institution, or residence.
Tom Schedler
(b) Garbage includes all putrescible waste matter except sewage and
Secretary of State
recognizable industrial byproducts and includes putrescible vegetable
-------matter, animal offal, and animal carcasses.
(c) Refuse includes garbage, rubbish, ashes, animal and vegetable waste
ACT No. 35
from animal quarters, and all other waste matter, except sewage, from any
--public or private establishment, institution, or residence.
SENATE BILL NO. 59
(d) Rubbish includes all nonputrescible waste matter, except ashes, from
BY SENATOR WARD
any public or private establishment, institution, or residence.
(e) Untreated sewage includes animal feces and urine as well as any
Louisiana.
material contaminated by animal body discharges and waste feed stuff
AN ACT
which has not been subjected to proper primary treatment. Any such action To amend and reenact R.S. 22:807, relative to withdrawals of deposits; to
by the board shall be subject to review by the courts.
provide for the withdrawal of deposits by domestic insurers; and to provide
H.J.(1) The board shall have full power and authority to cooperate and
contract with the United States government, or any of its agencies, the state Be it enacted by the Legislature of Louisiana:
of Louisiana, or any of its departments, agencies, commissions, districts,
Section 1. R.S. 22:807 is hereby amended and reenacted to read as follows:
or other political subdivisions, or with any person, firm, partnership, or
807. Withdrawals
corporation, with the view of accomplishing the construction, maintenance,
Withdrawal of any bond or deposit required by R.S. 22:801 through 808
and operation of pumping facilities and appurtenant pipeline facilities, the may be made only upon approval by the commissioner of insurance and. A
purpose of which would be to provide fresh water for said Bayou Lafourche. withdrawal of a bond or deposit required by R.S. 22:801 or this Section shall be
In the event that such pumping facilities and appurtenant pipeline facilities in accordance with the provisions of R.S. 22:341. In the case of a domestic
are constructed, erected, or installed by the state of Louisiana, the office of insurer placed in rehabilitation or liquidation by the commissioner, the deposit
engineering of the Department of Transportation and Development, state required by R.S. 22:808 shall be surrendered to the receiver pursuant to an
of Louisiana, the Coastal Protection and Restoration Authority Board, the order of the receivership court. Upon release from rehabilitation or liquidation,
board of commissioners for the Lafourche Basin Levee District, the board the insurer shall comply with all applicable provisions of this Part.
of commissioners for the Atchafalaya Basin Levee District, the board
of commissioners for the Lafourche Parish Water District No. 1 or other or, if not signed by the governor, upon expiration of the time for bills to
local interests, and the board of commissioners for the Bayou Lafourche become law without signature by the governor, as provided by Article III,
Freshwater Fresh Water District, or any of them, it shall be the obligation of Section 18 of the Constitution of Louisiana. If vetoed by the governor and
the board of commissioners for the Bayou Lafourche Fresh Water District, subsequently approved by the legislature, this Act shall become effective on
and the board is hereby authorized and directed to operate and maintain the day following such approval.
such pumping and pipeline facilities so as to provide an adequate supply of
Approved by the Governor, June 5, 2015.
fresh water in Bayou Lafourche.
A true copy:
(2) The board of commissioners for the Bayou Lafourche Fresh Water
Tom Schedler
District shall also have power and authority to contribute to the cost of
Secretary of State
construction and installation of such pumping and pipelining facilities from
-------any funds available for such purpose. It shall also be the obligation of said the
board to operate and maintain such drainage facilities, floodgates, channel
improvements, and drainage structures and appurtenances constructed
ACT No. 36
with the view of providing fresh water in Bayou Lafourche and facilitating
--the flow thereof. The board shall have power and authority to contribute to
HOUSE BILL NO. 3
the cost of construction of any of the facilities mentioned in this Section.
Omnibus Bond
I.K. The board of commissioners may implement measures for the
abatement of water hyacinths within the water bodies of the parishes of
Ascension, Assumption, and Lafourche.
J.L. The board of commissioners may develop and implement measures to
ACT No. 37
prevent the intrusion of salt water into the flow of fresh water.
--K.M. The board of commissioners may execute such contracts for the sale
or purchase of water pursuant to the authority granted the district in R.S.
SENATE BILL NO. 144
33:4164.
BY SENATOR DORSEY-COLOMB
L.N.(1) With the approval of the Coastal Protection and Restoration Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of
Authority Board, the board of commissioners, in addition to any other
Louisiana.
powers and duties provided by law, may establish on its own behalf or for the
AN ACT
areas under its authority, particularly but not limited to the banks of Bayou To amend and reenact R.S. 22:1266(D)(3)(d)(i) and (4)(b) and 1267(C)(3) and
to enact R.S. 22:1266(M) and 1267(G), relative to the payment of insurance
Lafourche, water resources development and integrated coastal protection,
premiums; to provide that certain notices be mailed by an insurer related
including but not limited to the studying, engineering, designing, planning,
to the refund of certain premiums; to provide that certain notices be mailed
maintenance, operation, and construction of erosion control measures,
by an insurance premium finance company related to the refund of certain
marsh management, coastal restoration, reservoirs, diversion canals, gravity
premiums; to require that an insurance premium finance company cooperate
and pump drainage systems, and other works as such activities, facilities,
with the Department of Insurance when insurance premiums are paid by an
and improvements relate to integrated coastal protection, conservation,
insurance premium finance company related to a consumer or commercial
water resources development, and saltwater intrusion. To that end and only
insurance policy; to require an insurance premium finance company to
upon approval of the Coastal Protection and Restoration Authority Board,
provide for inspection of certain documents related to a consumer or
the board of commissioners may regulate the location, construction, or
commercial insurance policy that is financed by the insurance premium
use of any building or structure within the district, where such building
finance company; to provide for penalties; and to provide for related matters.
or structure threatens to interfere with water resources development and
integrated coastal protection.
Section 1. R.S. 22:1266(D)(3)(d)(i) and (4)(b) and 1267(C)(3) are hereby
(2) The board of commissioners may enter into contracts or other
agreements, including cooperative endeavor agreements, with any public or amended and reenacted and R.S. 22:1266(M) and 1267(G) are hereby enacted
private person or persons, corporation, association, or other entity, including to read as follows:
1266. Automobile, property, casualty, and liability insurance policies;
the Coastal Protection and Restoration Authority Board, the state, and
other agencies thereof, public corporations, port authorities, levee districts, cancellations
* * *
parishes, other political subdivisions, or the United States government or
D.
* * *
agencies thereof, or any combination thereof, or with the instrumentalities
(3)
* * *
of any kind to provide water resources development and integrated coastal
*
As
it
appears
in
the
enrolled
bill
CODING:
Words
in
struck
through type are deletions from existing law; words underscored
THE ADVOCATE
PAGE 13
(d)(i) Within ten days of the expiration of the ten-day notice, the insurer
shall return all funds paid by the producer to the insurer on behalf of the
insured, except that when an insurance premium finance company has
funded an insureds policy, the insurer shall return those funds directly to
the insurance premium finance company. These funds shall be returned
by check or other negotiable instrument and shall not be placed on the
producers or premium finance companys account currents unless the
producer or premium finance company and the insurer have agreed to
other methods for handling these funds. Funds received by the insurance
premium finance company in excess of the amount funded by the insurance
premium finance company shall be forwarded to the producer. When funds
are returned to the premium finance company by an insurer, the insurer shall
also mail a copy of the check or other negotiable instrument to the insured at
the insureds last-known address.

* * *
(4)
* * *
(b) When an insurance premium finance company has funded an insureds
policy and the policy is cancelled, the insurer shall return the funds
directly to the insurance premium finance company. Any funds received by
the insurance premium finance company in excess of the amount owed to
the insurance premium finance company by the insured shall be forwarded
to the producer to be returned to the insured, and the insurance premium
finance company shall also mail to the insured a copy of the check or other
negotiable instrument representing the amount of the payment. The insurer
shall not withhold any more funds from the insurance premium finance
company than would otherwise be withheld from the insured. No insurer
shall assess a service charge for this transaction.
* * *
M.(1) An insurance premium finance company that finances any part of an
insurance policy governed by this Section shall cooperate with the department
in any investigation regarding such insurance policy.
(2) Upon request by the department, the insurance premium finance company
shall make available to the department all documents, correspondence, and
cancellation notices related to the insurance policy that is the subject of an
investigation as provided in Paragraph (1) in this Subsection that have been
received or sent by the insurance premium finance company.
(3) An insurance premium finance company that violates any provision of this
Section shall be subject to the monetary penalties provided for in R.S. 22:13(A).
1267. Commercial insurance; cancellation and renewal

* * *
C.
* * *
(3) Nothing in this Section shall require an An insurer to shall provide
a notice of cancellation or a statement of reasons for cancellation where
cancellation for nonpayment of premium is effected by a premium finance
agency company or other entity pursuant to a power of attorney or other
agreement executed by or on behalf of the insured.

* * *
G.(1) An insurance premium finance company that finances any part of an
insurance policy governed by this Section shall cooperate with the department
in any investigation regarding such insurance policy.
(2) Upon request by the department, the insurance premium finance company
shall make available to the department all documents, correspondence, and
cancellation notices related to the insurance policy that have been received or
sent by the insurance premium finance company.
(3) An insurance premium finance company that violates any provision of this
Section shall be subject to the monetary penalties provided for in R.S. 22:13(A).
A true copy:
Tom Schedler
Secretary of State
--------
Section 2. Beginning on the effective date of an agreement between the

board of the Municipal Employees Retirement System and the Local Tax
Division of the Board of Tax Appeals, the Local Tax Division judge and all
employees who are compensated exclusively by the Local Tax Division, who
are appointed or hired on or after the effective date of such an agreement,
and who fulfill the definition of employee provided in R.S. 11:1732(13)
shall participate in and contribute to the Municipal Employees Retirement
System. Any Local Tax Division judge or employee who is compensated
exclusively by the Local Tax Division of the Board of Tax Appeals, who is on
the payroll of the Local Tax Division on the effective date of an agreement
for participation, and who fulfills the definition of employee provided
in R.S. 11:1732(13) may make an irrevocable election to participate in and
contribute to the Municipal Employees Retirement System.
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 39
--HOUSE BILL NO. 12
BY REPRESENTATIVES BROWN AND FANNIN AND SENATORS
GALLOT, KOSTELKA, AND LONG
AN ACT
To enact R.S. 47:302.55, 322.48, and 332.54, relative to the disposition of
certain sales tax collections in Grant Parish; to establish the Grant Parish
Economic Development Fund as a special fund in the state treasury; to
provide for the deposit of monies in the fund; to provide for the use of such
monies; to provide for an effective date; and to provide for related matters.
Section 1. R.S. 47:302.55, 322.48, and 332.54 are hereby enacted to read as
follows:
302.55. Disposition of certain collections in Grant Parish
A. The avails of the tax imposed by this Chapter from the sale of services
as defined in R.S. 47:301(14)(a) in Grant Parish under the provisions of R.S.
47:302(C) shall be credited to the Bond Security and Redemption Fund, and
after a sufficient amount is allocated from that fund to pay all the obligations
secured by the full faith and credit of the state which become due and
payable within any fiscal year, the treasurer shall pay the remainder of such
funds into a special fund which is hereby created in the state treasury and
designated as the Grant Parish Economic Development Fund.
B. The monies in the Grant Parish Economic Development Fund shall be
subject to an annual appropriation by the legislature. All unexpended and
unencumbered monies remaining in the fund at the end of the fiscal year
shall remain in the fund. The monies in the fund shall be invested by the
treasurer in the same manner as the monies in the state general fund, and
all interest earned shall be deposited into the state general fund.
C. Monies appropriated from the fund shall be available for use by the
Grant Parish Police Jury for promoting tourism in Grant Parish.
* * *
The avails of the tax imposed by R.S. 47:321 from the sales of services as
defined in R.S. 47:301(14)(a) in Grant Parish under the provisions of R.S.
47:321(C) and 322, as applicable, shall be credited to the Bond Security and
Redemption Fund, and after a sufficient amount is allocated from that fund
ACT No. 38
to pay all of the obligations secured by the full faith and credit of the state
--which become due and payable within any fiscal year, the treasurer shall pay
HOUSE BILL NO. 9
the remainder of such funds into the Grant Parish Economic Development
BY REPRESENTATIVE HILL
Fund as provided in and subject to the provisions of R.S. 47:302.55.
AN ACT
* * *
To enact R.S. 11:1732(14)(a)(ix), relative to participation in the Municipal
Employees Retirement System; to authorize participation by certain
The avails of the tax imposed by R.S. 47:331 from the sales of services as
employers; to provide employee qualifications for such participation; and defined in R.S. 47:301(14)(a) in Grant Parish under the provisions of R.S.
47:331(C) and 332 shall be credited to the Bond Security and Redemption
Notice of intention to introduce this Act has been published as provided by Fund, and after a sufficient amount is allocated from that fund to pay all the
Article X, Section 29(C) of the Constitution of Louisiana.
obligations secured by the full faith and credit of the state which become due
and payable within any fiscal year, the treasurer shall pay the remainder of
Section 1. R.S. 11:1732(14)(a)(ix) is hereby enacted to read as follows:
such funds into the Grant Parish Economic Development Fund as provided
1732. Definitions
in and subject to the provisions of R.S. 47:302.55.
The following words and phrases, as used in this Chapter, unless a different
Section 2. This Act shall become effective on July 1, 2015; if vetoed by
meaning is plainly required by the context, shall have the following meaning: the governor and subsequently approved by the legislature, this Act shall
* * *
become effective on July 1, 2015, or on the day following such approval by the
(14)(a) Employer or participating employer shall mean:
legislature, whichever is later.
* * *
(ix) Notwithstanding any provision of law to the contrary, the Local Tax A true copy:
Division of the Board of Tax Appeals, pursuant to an agreement with the
Tom Schedler
board.
Secretary of State
* * *
-------*
As
it
appears
in
the
enrolled
bill
CODING:
Words
in
struck
THE ADVOCATE
PAGE 14
ACT No. 40
--HOUSE BILL NO. 18
BY REPRESENTATIVE JONES
AN ACT
To enact R.S. 1:55(E)(1)(g), relative to legal holidays; to establish the Friday
of the Black Bear Festival as a legal holiday in the parish of St. Mary; to
authorize the clerk of court of the Sixteenth Judicial District Court to
close the clerks office in observance of the legal holiday; to provide for an
exception; and to provide for related matters.
Section 1. R.S. 1:55(E)(1)(g) is hereby enacted to read as follows:
55. Days of public rest, legal holidays, and halfholidays
* * *
E.(1)
* * *
(g) In addition, in the parish of St. Mary, the Friday of the Black Bear
Festival shall be a legal holiday for the purpose of authorizing the clerk
of court of the Sixteenth Judicial District Court in the parish of St. Mary
to close offices in observance of that day, unless there is an election that
requires the office to remain open.
* * *
A true copy:
Tom Schedler
Secretary of State
--------
A. If the services as an employee or clerk of court of any member hired

on or before December 31, 2010, who has twelve or more years of credited
service are terminated prior to the time the member becomes fiftyfive years
of age, the former member may leave his contributions in the fund, and
upon attaining the age of fiftyfive years, he shall be eligible for a regular
retirement benefit.
B. If the services as an employee or clerk of court of any member hired on
or after January 1, 2011, who has twelve or more years of credited service
are terminated prior to the time the member becomes sixty years of age, the
former member may leave his contributions in the fund, and upon attaining
the age of sixty years, he shall be eligible for a regular retirement benefit.
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 43
--HOUSE BILL NO. 44
BY REPRESENTATIVE MILLER
AN ACT
ACT No. 41
To enact R.S. 11:2225.4, relative to the Municipal Police Employees
--Retirement System; to provide with respect to unfunded accrued liability
HOUSE BILL NO. 26
of the system; to provide for payment by certain employers in certain
circumstances; to provide for calculation and payment of amounts due;
AN ACT
to provide for collection of past due amounts; and to provide for related
To amend and reenact R.S. 33:1236.26(A), relative to the governing authorities
matters.
of the parishes of St. Charles and St. John the Baptist; to provide with Notice of intention to introduce this Act has been published as provided by
respect to notification to property owners of violations of grass cutting
ordinances; and to provide for related matters.
2225.4. Unfunded accrued liability; payment by employer
A.(1) If any employer participating in the system dissolves its police
Section 1. R.S. 33:1236.26(A) is hereby amended and reenacted to read as department and contracts for police services with another entity, the
follows:
employer shall remit to the system, as further provided in this Subsection,
1236.26. Powers of the governing authorities of Pointe Coupee Parish, St. that portion of the unfunded accrued liability existing on the June thirtieth
Charles Parish, and St. Landry Parish; nuisance ordinance regarding grass immediately prior to the date of dissolution of the police department,
and obnoxious weeds; notice required
attributable to such employer. The amount due pursuant to the provisions of
A. The governing authorities of the parishes of Pointe Coupee, St. Charles, this Paragraph shall include interest at the systems valuation interest rate.
and St. Landry may amend ordinances to compel property owners to cut
(2) If a participating employer does not dissolve its police department but
grass and obnoxious weeds on their property without the notice required in the salaries upon which contributions are made by an employer to the system
R.S. 33:1236(21)(a)(i) if the property owner liable has been notified pursuant for a fiscal year are less than seventy percent of the salaries upon which
to said that Item at any time during the immediately preceding twelve contributions were made to the system for the employers immediately prior
months and has failed to do the work himself after an opportunity to do so.
fiscal year, then the employer shall be deemed to have partially dissolved its
* * *
police department and shall be liable for a pro rata portion of the systems
Section 2. R.S. 33:1236.26(A) is hereby amended and reenacted to read as unfunded accrued liability. The portion shall be calculated by applying the
follows:
percentage decrease in the employers fiscal year over fiscal year salaries
1236.26. Powers of the governing authorities of Pointe Coupee Parish, upon which contributions are made to the total payment that would have
St. John the Baptist Parish, and St. Landry Parish; nuisance ordinance been required pursuant to the provisions of Paragraph (1) of this Subsection
regarding grass and obnoxious weeds; notice required
if the employer had dissolved its police department. Payments required
A. The governing authorities of the parishes of Pointe Coupee, St. John pursuant to the provisions of this Paragraph shall include interest at the
the Baptist, and St. Landry may amend ordinances to compel property systems valuation interest rate.
owners to cut grass and obnoxious weeds on their property without the
B. Any amount due pursuant to Subsection A of this Section shall be
notice required in R.S. 33:1236(21)(a)(i) if the property owner liable has determined by the actuary employed by the system and shall be paid either
been notified pursuant to said that Item at any time during the immediately in a lump sum or amortized over ten years in equal monthly payments with
preceding twelve months and has failed to do the work himself after an interest at the systems valuation interest rate in the same manner as regular
opportunity to do so.
payroll payments to the system, at the option of the employer.
* * *
C. If an employer fails to make a payment timely, the amount due shall be
collected in any of the following manners:
A true copy:
(1) By action in a court of competent jurisdiction against the delinquent
Tom Schedler
employer. The amount due shall include interest calculated at the systems
Secretary of State
actuarial valuation rate, compounded annually.
-------(2) The board may certify to the state treasurer all amounts attributable
to the delinquent employer. In support of such certification, the board shall
ACT No. 42
submit to the treasurer a resolution certifying the name of the delinquent
--employer, its failure to pay, and the amount owed and shall name a designee
HOUSE BILL NO. 27
or designees to act on the boards behalf. Upon receipt of such certification,
the treasurer shall deduct from monies payable to the certified delinquent
AN ACT
party the certified amount due and shall remit such deducted amounts
To amend and reenact R.S. 11:1528, relative to deferred retirement benefits directly to the Municipal Police Employees Retirement System.
from the Clerks of Court Retirement and Relief Fund; to provide relative to
D. For the purposes of this Section, the term employer shall have the same
the qualifications for such retirement for certain members; and to provide meaning as provided in R.S. 11:2213 and shall include any municipality that
terminates participation in the system by dissolving its police department
Notice of intention to introduce this Act has been published as provided by pursuant to Subsection A of this Section.
Section 1. R.S. 11:1528 is hereby amended and reenacted to read as follows: become law without signature by the governor, as provided by Article III,
1528. Deferred retirement
*
As
it
appears
in
the
enrolled
bill
THE ADVOCATE
PAGE 15

A true copy:
Tom Schedler
Secretary of State
-------ACT No. 44
--HOUSE BILL NO. 46
BY REPRESENTATIVES REYNOLDS, ARNOLD, BERTHELOT, BROWN,
BURRELL, CARTER, COX, FOIL, GISCLAIR, GUILLORY, HARRISON,
HENRY, HILL, HOFFMANN, HOLLIS, HOWARD, HUNTER, IVEY,
JACKSON, MIKE JOHNSON, JONES, MILLER, MONTOUCET, NORTON,
OURSO, PRICE, RICHARD, SCHEXNAYDER, AND TALBOT
AN ACT
To amend and reenact R.S. 11:586(A)(introductory paragraph) and (B), 587,
589, 590(B) and (C), and 591(A), relative to benefits for children of certain
wildlife agents in the enforcement division of the Department of Wildlife
and Fisheries, to authorize receipt of benefits, in certain circumstances,
after a child reaches majority; to provide relative to the marital status
of such child and his eligibility for benefits; and to provide for related
matters.
Section 1. R.S. 11:586(A)(introductory paragraph) and (B), 587, 589, 590(B)
and (C), and 591(A) are hereby amended and reenacted to read as follows:
586. Death benefits of minor children
A. If there is no surviving spouse to receive the pension due a widow of
any member under R.S. 11:585, the minor children under eighteen years of
age of the deceased member, if any, shall receive a monthly pension in the
proportions set out herein as follows:
* * *
B. As each child reaches eighteen years of age When a child no longer
meets the definition of minor child as provided in R.S. 11:403, he shall
receive no further benefits and the monthly pension shall be reduced by the
amount previously paid to him.
587. Death benefits of parents
If there is no surviving spouse and no minor children under eighteen, a
monthly pension of twentyfive percent of the average compensation of the
deceased member shall be paid to the parent or parents of the deceased
member, if they, or either of them, derived their main support from the
member.
* * *

A true copy:
Tom Schedler
Secretary of State
-------ACT No. 45
--HOUSE BILL NO. 79
BY REPRESENTATIVE BURFORD
AN ACT
To amend and reenact R.S. 40:4.9(D), relative to certain foods prepared in
the home for sale; to provide relative to requirements for preparers of food
in the home for sale; to exempt sellers of home-produced raw honey from
a food labeling requirement; to provide relative to registration by certain
sellers for the collection of local sales and use taxes; and to provide for
related matters.
Section 1. R.S. 40:4.9(D) is hereby amended and reenacted to read as
follows:
4.9. Lowrisk foods; preparation in home for public consumption
* * *
D.(1)(a) Any Except as provided in Subparagraph (b) of this Paragraph, any
individual who prepares lowrisk foods in the home for sale, as authorized
by this Section, shall affix to any such food offered for sale a label which
clearly indicates that the food was not produced in a licensed or regulated
facility.
(b) The food labeling requirement in Subparagraph (a) of this Paragraph
shall not apply to raw honey offered for sale if the honey is not pasteurized,
filtered, or otherwise processed in such a way as to remove natural pollen
contained in the honey.
(2) No individual who prepares lowrisk foods in the home shall sell such
foods unless he has applied for and been issued all of the following:
(a) A Louisiana General Sales Tax Certificate from the Louisiana
Department of Revenue.
(b) A local sales tax certificate from the local taxing authority of any
jurisdiction in which he intends to sell foods is registered to collect any
local sales and use taxes that are applicable to the sale of such foods, as
evidenced by a current sales tax certificate issued to the seller by the sales
and use tax collector for the parish in which the sales occur.
* * *

589. Death before age fiftyfive
A true copy:
The surviving spouse, the minor children under eighteen years of age,
Tom Schedler
or the dependent parents of any member who dies prior to attaining age
Secretary of State
fiftyfive and whose death occurs other than in the line of duty, but who at
-------the time of death had at least fifteen years of service credit, shall be entitled
to the same pension rights to which said member would have been entitled
ACT No. 46
had he, at the time of death, retired in accordance with the provisions of R.S.
--11:582, but computed solely on the basis of the number of years of service to
HOUSE BILL NO. 663
his credit and without regard to his attained age at time of death.
Ancillary Appropriations
590. Forfeiture for remarriage
* * *
B. If there are minor children under eighteen years of age, the pension
previously paid to the widow, or the portion thereof to which the deceased
members minor children under eighteen years of age are entitled under the
ACT No. 47
provisions of this Subpart, shall be paid to the children in the same manner
--and for the same length of time as provided in R.S. 11:586 for the payment of
HOUSE BILL NO. 85
pensions to children.
BY REPRESENTATIVES MILLER, GAINES, PRICE, SCHEXNAYDER,
C. If there are no minor children under eighteen years of age, the parent
AND WILLMOTT AND SENATORS BROWN AND GARY SMITH
or parents of the deceased member who derived their main support from
AN ACT
him shall receive the pension provided for them under the provisions of R.S. To amend and reenact R.S. 17:1994(B)(28), relative to the Louisiana Technical
11:587.
College; to change the designation of a campus in St. John the Baptist
591. Death of retired member
Parish; and to provide for related matters.
A. The surviving spouse, the minor children under eighteen years of age, Be it enacted by the Legislature of Louisiana:
or the dependent parents of any retired member who dies shall receive as a
Section 1. R.S. 17:1994(B)(28) is hereby amended and reenacted to read as
pension seventyfive percent of the monthly retirement pay which was being follows:
paid to the member prior to his death, in the following order of priority:
1994. Regional coordination and planning of postsecondary vocational(1) The surviving spouse.
technical education; establishment and composition of regions
(2) The minor children of the deceased member who are under eighteen
* * *
years of age, in the same manner and for the same length of time as provided
B. The postsecondary vocational-technical schools under the jurisdiction
in R.S. 11:588.
of the board, or its successor, shall be named and designated as follows:
(3) The parents of the deceased, if they furnish to the board satisfactory
* * *
proof that they were deriving their main support from the deceased member.
(28) Louisiana Technical College - River Parishes Reserve Campus
* * *
* * *
Section 2. The cost of this Act, if any, shall be funded with additional
employer contributions in compliance with Article X, Section 29(F) of the A true copy:
Tom Schedler
Constitution of Louisiana.
Secretary of State
-------or, if not signed by the governor, upon expiration of the time for bills to
*
As
it
appears
in
the
enrolled
bill
CODING:
Words
in
struck
THE ADVOCATE
PAGE 16
ACT No. 48
--HOUSE BILL NO. 97
BY REPRESENTATIVE CHANEY
AN ACT
To authorize and provide for the transfer of certain state property; to
authorize the transfer of certain state property in Richland Parish; to
provide for the property description; to provide for reservation of mineral
rights; to provide terms and conditions; to provide an effective date; and to
Section 1. The commissioner of administration, notwithstanding any
other provision of law to the contrary, is hereby authorized and empowered
to convey, transfer, assign, lease or deliver any interest, excluding mineral
rights, the state may have to all or any portion of the following described
parcel of property to Gerald L. Brown and Jacquelyn Brown:
Property acquired by the State through that certain tax sale for nonpayment
of 1936 taxes assessed in the name of A. L. Price, recorded on December 7,
1937, in Book 85 Page 56 et seq, described as a 5 acre tract situated in the
northwest corner of the southeast quarter of Section 15, Township 15 North
Range 6 East, being part of the Leroy Colman Estate, and more particularly
described as follows: Beginning at point A an iron pipe marking the center
of Section 15, Township 15 North Range 6 East, thence East 460 to point B
an iron pipe; thence South 473.478 to Point C an iron pipe; thence West
460 to point D an iron pipe in the fence; thence North 473.478 to point of
beginning.
Section 2. The commissioner of administration is hereby authorized to
enter into such agreements, covenants, conditions, and stipulations and to
execute such documents as necessary to properly effectuate any conveyance,
transfer, assignment, lease or delivery of title, excluding mineral rights, to
the property described in Section 1 of this Act, and as more specifically
described in any such agreements entered into and documents executed
by and between the commissioner of administration and Gerald L. Brown
and Jacquelyn Brown, in exchange of consideration proportionate to the
appraised value of the property. In the event that the agreement authorized
by this Section is not entered into on or before December 31, 2018, the
authorization to convey, transfer, assign, lease, or deliver any interest in
that property pursuant to this Act shall terminate and be null and void on
that date and thereafter.
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 49
BY REPRESENTATIVE ADAMS
AN ACT
To enact R.S. 15:1314(A)(4), relative to electronic surveillance; to provide
relative to obtaining a court order to use electronic surveillance
equipment; to authorize the attorney general and certain employees of the
office of the attorney general to apply for a court order to use electronic
surveillance equipment; and to provide for related matters.
Section 1. R.S. 15:1314(A)(4) is hereby enacted to read as follows:
1314. Application for an order for a pen register or a trap and trace device
A. An investigative or law enforcement officer may make application
for an order or an extension of an order under R.S. 15:1315 to a court of
competent jurisdiction authorizing or approving the installation and use of
a pen register or a trap and trace device under this Part, in writing under
oath or equivalent affirmation, to a court of competent jurisdiction of this
state. For the purposes of R.S. 15:1313 through 1316 only, investigative or
law enforcement officer means:
* * *
(4) The attorney general or an attorney generals investigator who has
been specifically designated by the attorney general as responsible for
preparation of applications for installation and use of pen register or trap
and trace devices.
* * *
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 50
BY REPRESENTATIVE BERTHELOT
AN ACT
To amend and reenact R.S. 18:1300.13(B)(2), relative to public officers who
have been recalled and removed from office; to provide that certain public
officers who have been recalled and removed from office are ineligible to
become candidates in certain elections; and to provide for related matters.
Section 1. R.S. 18:1300.13(B)(2) is hereby amended and reenacted to read
as follows:
1300.13. Declaration of vacancy; prohibitions
* * *
B.
* * *
(2)(a) A public officer who has been recalled and removed from office shall
be ineligible as a candidate at an election called to fill the vacancy created
by the recall of such public officer.
(b) If the recalled public officer was removed from office as a member of
the governing authority of a municipality governed by Part I of Chapter 2 of
Title 33 of the Louisiana Revised Statutes of 1950, he shall also be ineligible
as a candidate at an election to fill a vacancy on the governing authority that
is held prior to the next regularly scheduled election for members of the
governing authority following the recall of the public officer.
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 51
BY REPRESENTATIVE FANNIN
AN ACT
To amend and reenact R.S. 13:4751(C)(2), relative to petitions for the name
change of a minor; to provide relative to persons entitled to service of the
petition and persons entitled to consent to a name change; and to provide
Section 1. R.S. 13:4751(C)(2) is hereby amended and reenacted to read as
follows:
4751. Petition for name change; adults; minors
* * *
C. If the person desiring such change is a minor or if the parents or parent
or the tutor of the minor desire to change the name of the minor:
* * *
(2) If one parent has been granted custody of the minor by a court of
competent jurisdiction, the consent of the other parent is not necessary
under either of the following circumstances:
(a) The parental rights of the other parent have been terminated.
(b) if the The other parent has been served with a copy of the petition and
any of the following exists:
(a)(i) The other parent has refused or failed to comply with a court order
of support for a period of one year.
(b)(ii) The other parent has failed to support the child for a period of three
years after judgment awarding custody to the parent signing the petition.
(c)(iii) The other parent is not paying support and has refused or failed to
visit, communicate, or attempt to communicate with the child without just
cause for a period of two years.
* * *
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 52
BY REPRESENTATIVE BURFORD
AN ACT
To enact R.S. 40:1502.16, relative to the assessment of service charges by
the governing authority of DeSoto Parish Fire Protection District No. 3; to
authorize such service charges, subject to voter approval; to provide with
respect to the collection of the service charges and the enforcement of the
collection; and to provide for related matters.
1502.16. Service charge authorized for DeSoto Parish; assessment and
collection

THE ADVOCATE
PAGE 17
A. In addition to the authority granted pursuant to R.S. 40:1502, the

governing authority of DeSoto Parish Fire Protection District No. 3 may
establish a service charge or rates of service charges to be assessed persons
owning each residential or commercial structure, whether occupied or
unoccupied, located wholly or partly within the boundaries of the fire
protection district, subject to the provisions of Subsection B of this Section.
For purposes of this Section, each residential or commercial unit in a
structure and each housing unit within a multiple dwelling structure shall
be considered a separate structure, and a mobile home, as defined in R.S.
9:1149.2, shall be considered a structure. Such service charges or rates of
service charges shall be framed so as to cover and shall be used for the
costs of any or all fire protection and emergency medical transportation and
emergency services incidental thereto.
B. Service charges or rates of service charges so established shall be
assessed by resolution of the governing authority of the fire protection
district; however, the resolution assessing the service charges shall be
adopted by the governing authority only after the question of the assessment
and the amount of the service charges or rates of service charges to be
established have been submitted to and approved by a majority of electors
of the district voting at an election held for that purpose. Such election shall
be conducted in accordance with the election laws of the state and shall be
held at the same time that an election authorized by the provisions of R.S.
18:402 is held.
C.(1) The governing authority of the fire protection district assessing a
service charge or rates of service charges as provided in this Section may
also use any reasonable means to collect and enforce the collection of such
service charges, including any means authorized by law for the collection
of taxes. Such means shall include the assessor carrying the fire protection
service charges on the tax rolls for DeSoto Parish and the sheriff of DeSoto
Parish collecting such service charges at the same time as ad valorem
taxes are collected and with the same authority with which such taxes are
collected. If any fire protection service charge becomes delinquent and
unpaid, the sheriff shall send a Final Notice to the delinquent property
owner by registered or certified mail. The sheriff shall also publish notice
of the pending delinquent property sale in the parish journal, setting
forth the names and addresses of the delinquent property owners and
the date and place of the sale to enforce collection, and he shall enforce
the collection in the same manner as ad valorem taxes are collected. The
governing authority may compensate the sheriff and the tax assessor for
such collection upon mutual agreement of the governing authority and the
sheriff and tax assessor.
(2)(a) The governing authority of the district may also place liens for fire
protection service charges upon the structure subject to the charge, upon
the building, if any, in which the structure is located if it is owned by the
owner of the structure, and upon the lot of ground not exceeding one acre
on which the structure is situated if such lot of ground belongs to the person
who owns such structure; however, if such structure or building is owned
by a lessee of the lot of ground, the lien shall exist only against the lease
and shall not affect the owner of the lot. Such lien shall be placed upon
property only if the owner of a structure refuses to pay the service charges
when requested to do so by the governing authority within thirty days after
receipt by the owner of such a request by registered or certified letter.
(b) The governing authority may file a statement reflecting the amount of
the unpaid charges in the mortgage office of the parish, which, when so filed
and recorded, shall operate as a lien and privilege in favor of the district
against property as provided by this Subsection.
(c) Such fire protection and emergency service charge obligations shall
prime all other liens, mortgages, and privileges against the property, except
those for taxes and prior recorded local and special assessments.
(d) In addition, the governing authority of the district may recover the
unpaid charges, together with all costs of court and attorney fees, by
ordinary process in the Forty-Second Judicial District Court.
(e) The governing authority may also provide, by resolution for interest
on the unpaid charges, which shall be paid prior to cancellation of the lien.
A true copy:
Tom Schedler
Secretary of State
--------
hotel rooms located within the town. The hotel occupancy tax shall not
exceed four percent of the rent or fee charged for such occupancy.
(2) The word hotel as used in this Section shall mean and include any
establishment, public or private, engaged in the business of furnishing or
providing rooms or overnight camping facilities intended or designed for
dwelling, lodging, or sleeping purposes to transient guests where such
establishment consists of two or more guest rooms and does not encompass
any hospital, convalescent or nursing home or sanitarium, or any hotellike facility operated by or in connection with a hospital or medical clinic
providing rooms exclusively for patients and their families.
(3) The person who exercises or is entitled to occupancy of the hotel room
shall pay the hotel occupancy tax at the time the rent or fee for occupancy
is paid. Person as used herein shall have the same definition as that
contained in R.S. 47:301(8).
B. The governing authority of Duson shall impose the hotel occupancy
tax by ordinance or resolution. The governing authority may adopt such
ordinance or resolution only after a proposition authorizing the levy of the
tax has been approved by a majority of the electors of the town voting at an
election held for that purpose in accordance with the Louisiana Election
Code. The governing authority may provide in the ordinance or resolution
necessary and appropriate rules and regulations for the imposition,
collection, and enforcement of the hotel occupancy tax.
C. The governing authority may enter into a contract with any public entity
authorized to collect sales or use taxes, under such terms and conditions
as it may deem appropriate including payment of a reasonable collection
fee for the collection of the hotel occupancy tax authorized by this Section.
The hotel occupancy tax shall be in addition to all taxes levied upon the
occupancy of hotel rooms located within the town.
D. Except as provided in Subsection C of this Section, the governing
authority of the town shall use the proceeds of the tax to fund economic
development, the promotion of tourism, and related infrastructure within
the town.
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 54
BY REPRESENTATIVE DANAHAY
AN ACT
authorize the transfer of certain state property in Calcasieu Parish; to
provide for the property description; to provide for reservation of mineral
rights; to provide terms and conditions; to provide an effective date; and to
Section 1. The commissioner of administration, notwithstanding any
other provision of law to the contrary, is hereby authorized and empowered
to convey, transfer, assign, lease, or deliver any interest, excluding mineral
rights, the state may have to all or any portion of the following described
parcel of property to William Marcantel and Sarah Marcantel:
All of the following properties are situated in Calcasieu Parish, Section
11, Township 9 South, Range 11 West and are within what is known as the
Hewitt Sub Tract.
Description of
Property:

Block 1, Lot 23
Block 1, Lot 120
Block 2, Lots 6-7
Block 2, Lots 15-19
Block 2, Lots 79-83
Block 2, Lots 90-99
Block 3, Lots 12-14
Block 3, Lot 96
Block 3, Lots 73-74
Block 3, Lots 114-116
Block 4, Lots 51-55
Block 4, Lots 93-95
Block 4, Lots 96-98
Block 4, Lots 101-102
Block 5, Lot 116
Block 6, Lots 73-82
Block 8, Lots 20-22
Adjudicated to
State in Name of:
Adjudicated for Nonpayment

of Taxes for Year:
R.F. Wilson
Peter Winterhurst
H.E. Severs
Fred W. Bailey
W.C. Chappelow
F.H. Putnam
Nora C. Kearns
Nora C. Kearns
Marie B. Coleman
F.W. Richards
R.F. Dowell
H.A. Pargman
William Kalasch
William Kalasch
J.H. Seigle
Matilda Bruns
Fred T. Rupert
1918, 1927, and 1928

1921
1922
1918
1918
1924
1922
1922
1941
1932
1920
1918
1918
1918
1919
1919
1918
ACT No. 53
BY REPRESENTATIVE MONTOUCET
AN ACT
To enact R.S. 47:338.215, relative to the town of Duson; to authorize the town
to levy a hotel occupancy tax; to provide for the use of tax revenues; and to
Section 2. The commissioner of administration is hereby authorized to
enter into such agreements, covenants, conditions, and stipulations and to
execute such documents as necessary to properly effectuate any conveyance,
transfer, assignment, lease, or delivery of title, excluding mineral rights,
338.215. Town of Duson; hotel occupancy tax; authorization
A.(1) In addition to any other tax levied and collected, the governing to the property described in Section 1 of this Act, and as more specifically
authority of Duson may levy and collect a tax upon the paid occupancy of described in any such agreements entered into and documents executed by
THE ADVOCATE
PAGE 18
and between the commissioner of administration and William Marcantel

and Sarah Marcantel, in exchange of consideration proportionate to the
appraised value of the property. In the event that the agreement authorized
by this Section is not entered into on or before December 31, 2018, the
authorization to convey, transfer, assign, lease, or deliver any interest in
that property pursuant to this Act shall terminate and be null and void on
that date and thereafter.
A true copy:
Tom Schedler
Secretary of State
--------
The provisions of this Part shall terminate on January 1, 2022, and

thereafter shall be null, void, and without effect.
Section 2. The Louisiana State Law Institute is hereby authorized to
redesignate the number of any Section of statute enacted by this Act in a
manner that comports with the technical recodification provisions of House
Concurrent Resolution No. 84 of this 2015 Regular Session of the Legislature.
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 55
BY REPRESENTATIVES HOFFMANN AND LEGER
AN ACT
To enact Part LXXX of Chapter 5 of Title 40 of the Louisiana Revised Statutes
of 1950, to be comprised of R.S. 40:1300.431 through 1300.435, relative to
smoking cessation programs and services; to provide for online publication
by the Department of Health and Hospitals of certain information
concerning smoking cessation; to provide for duties of the secretary of the
Department of Health and Hospitals relative to coordination of certain
departmental programs with programs of the Smoking Cessation Trust; to
provide for a termination date; and to provide for related matters.
Section 1. Part LXXX of Chapter 5 of Title 40 of the Louisiana Revised
Statutes of 1950, comprised of R.S. 40:1300.431 through 1300.435, is hereby
enacted to read as follows:
PART LXXX. PUBLIC INFORMATION
CONCERNING SMOKING CESSATION
1300.431. Legislative findings; purpose
A. The legislature hereby finds and declares the following:
(1) Cigarette smoking is a leading cause of preventable death in our state
and nation.
(2) Though smoking-related illnesses and deaths and their associated
human and economic costs are a devastating public health problem across
the United States, and billions of dollars from sources such as cigarette
taxes and tobacco-related legal settlements are available to states for
preventing and controlling tobacco use, only a fraction of these funds is put
to this public health service, and state spending on tobacco prevention and
control falls below CDC recommended levels.
(3) Though smoking is an exceptionally difficult habit to break due to the
powerful nature of addiction to cigarettes, many thousands of Americans
win the battle to quit smoking each year, often with the help of a smoking
cessation program.
B. The purpose of this Part is to increase awareness of and access to
smoking cessation programs and services available in Louisiana.
1300.432. Definitions
As used in this Part, the following terms have the meaning ascribed in this
Section:
(1) Department means the Department of Health and Hospitals.
(2) Smoking Cessation Trust and trust mean the organization of that
name which incorporated in Louisiana pursuant to the judgment rendered
in Scott v. American Tobacco Co., Inc. (2009CA0461 (La. App. 4 Cir. 4/23/10),
36 So. 3d 1046) for the purpose of operating the smoking cessation program
called for in that judgment, or any successor.
1300.433. Public information concerning smoking cessation
A. The department shall establish and maintain on its internet website
a link to the website of the Smoking Cessation Trust, along with summary
information on programs and services offered by the trust.
B. The department may feature the link to the website of the Smoking
Cessation Trust and information on programs and services of the trust on any
web page it maintains for any program or office if the link and information
are posted in a conspicuous location.
1300.434. Program coordination
A. The secretary of the department is hereby authorized to coordinate, to
the extent he deems practical and appropriate, the programs of the office
of public health, the Medicaid coordinated care network program, and any
other program of the department with programs offered by the Smoking
Cessation Trust.
B. On or before January 1, annually, the secretary of the department
shall engage with the executive director of the Smoking Cessation Trust to
evaluate means and best practices for promoting smoking cessation, and to
identify opportunities for increasing access to smoking cessation programs
and services available in this state.
1300.435. Termination
ACT No. 56
Supplemental Appropriations
ACT No. 57
BY REPRESENTATIVE DOVE
AN ACT
To amend and reenact R.S. 38:291(U)(1), relative to the Terrebonne Levee
and Conservation District; to provide for the transfer of certain land in the
possession of the Atchafalaya Basin Levee District for certain purposes
to the Terrebonne Levee and Conservation District; and to provide for
related matters.
Section 1. R.S. 38:291(U)(1) is hereby amended and reenacted to read as
follows:
291. Naming; limits of districts; composition of boards
* * *
U. Terrebonne Levee and Conservation District. (1) On July 1, 1997, and
continuing thereafter, all lands in the parish of Terrebonne shall constitute
a levee district to be known as the Terrebonne Levee and Conservation
District. These lands and all property thereon situated, not exempt from
taxation, shall be subject to the provisions of this Chapter. The land, including
mineral rights, in the possession of the Atchafalaya Basin Levee District
in Terrebonne Parish, for the purposes of ownership and maintenance and
operation of the Atchafalaya Basin Levee District, shall be transferred and
conveyed to the Terrebonne Levee and Conservation District without the
necessity of any other act or instrument of grant, transfer, conveyance, or
delivery. For the purpose of proving evidence of the transfer, conveyance,
and delivery effected by this Paragraph, the Atchafalaya Basin Levee
District shall execute an act setting forth the transfer, conveyance, and
delivery of those lands, rightsofway, servitudes, and revenues therefrom
to the Terrebonne Levee and Conservation District.
* * *
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 58
BY REPRESENTATIVE HUVAL
AN ACT
To amend and reenact R.S. 22:1551(C)(1), relative to renewal of an insurance
producer license; to provide for an exemption from examination for
renewal of a resident producer license when application is made within
two years of the date of expiration of the previous license; and to provide
Section 1. R.S. 22:1551(C)(1) is hereby amended and reenacted to read as
follows:
1551. Exemption from examination
*
As
it
appears
in
the
enrolled
bill
THE ADVOCATE
PAGE 19
* * *
C. The following resident applicants shall be exempt from the requirement
of an examination:
(1) Any applicant for a license covering the same line or lines of insurance
for which the applicant was licensed under a similar license in this state,
other than a temporary license, within five two years from the date of
expiration of the previous license, unless such previous license was revoked
or suspended or renewal was refused by the commissioner.
* * *
A true copy:
Tom Schedler
Secretary of State
--------
program of the Louisiana State Bar Associations Committee on Alcohol and

Drug Abuse and Lawyers Assistance Program, Inc., a nonprofit corporation
whose activities are determined by the Committee on Alcohol and Drug
Abuse as volunteers in the programming offered by the Judges and Lawyers
Assistance Program, Inc.
B. Privilege and confidentiality.
(1) Any information, report, or record, whether written or oral, that
the Committee on Alcohol and Drug Abuse of the Louisiana State Bar
Association, Lawyers the Judges and Lawyers Assistance Program, Inc., or
any member, or employee, or agent of either generates, receives, gathers, or
maintains is confidential and privileged. No member of the Committee on
Alcohol and Drug Abuse, or agent, or employee of Lawyers the Judges and
Lawyers Assistance Program, Inc., may disclose that information, report or
record without written approval of the subject judge, lawyer, law student,
or prospective lawyer other member of the legal profession. No person
shall be required to disclose, by way of testimony or otherwise, privileged
information or to produce, under subpoena, any records, documentary
evidence, opinions, or decisions relating to such privileged information:
(a) In connection with any civil or criminal case or proceeding.
(b) By way of any discovery procedure.
(2) Nothing herein shall prohibit members of the Committee on Alcohol and
Drug Abuse or any employee or agent of Lawyers the Judges and Lawyers
Assistance Program, Inc., from sharing among themselves information,
reports, or records about a judge, lawyer, law student, or prospective
lawyer other member of the legal profession for the purpose of helping the
judge, lawyer, law student, or prospective lawyer other member of the legal
profession recover from problems of alcohol and/or drug abuse with alcohol,
drug abuse, or any other mental health issue.
* * *
C. Civil immunity.
(1) Any licensed lawyer, and his supporting staff, shall be immune from civil
liability for, or resulting from, any act, decision, omission, communication,
writing, report, finding, opinion, or conclusion, done by or made in good
faith while engaged in efforts to assist judges, lawyers, law students, or
prospective lawyers other members of the legal profession in connection
with substance abuse or mental health counseling or intervention pursuant
to the programs of the Louisiana State Bar Associations Committee on
Alcohol and Drug Abuse or Lawyers the Judges and Lawyers Assistance
Program, Inc., or in the performance of his or her duties as a member or
agent of the Committee on Alcohol and Drug Abuse of the Louisiana State
Bar Association or agent or as an agent, employee, or officer or director of
Lawyers the Judges and Lawyers Assistance Program, Inc., which function
primarily to provide assistance in the form of counseling and intervention
for any judge, lawyer, law student, or prospective lawyer other member of
the legal profession suspected of having an impaired ability to function
professionally because of his or her abuse of the use of alcohol or other
drug, or due to any other mental health issue. The Louisiana State Bar
Association, its Committee on Alcohol and Drug Abuse, the Louisiana Bar
Foundation, and Lawyers the Judges and Lawyers Assistance Program, Inc.,
and their officers, directors, committees, employees, servants, and agents
shall also be immune from civil liability for any acts or omissions made or
done or resulting from any of the following:
(a) The program of the Louisiana State Bar Associations Committee on
Program, Inc.
(b) Any act, decision, omission, communication, writing, report, finding,
opinion, or conclusion of the Committee on Alcohol and Drug Abuse, or
Lawyers the Judges and Lawyers Assistance Program, Inc., or any of their
members, agents, or employees.
(c) The establishment of programs or activities of such committee or
corporation or the Louisiana Bar Foundation.
(2) A person who in good faith reports information or takes action in
connection with any program of the Committee on Alcohol and Drug Abuse
or Lawyers the Judges and Lawyers Assistance Program, Inc. is immune
from civil liability for reporting information or taking any action set forth
in Paragraph C(1) (C)(1) or participating therein and in particular any
counseling or intervention effort under the auspices of the Committee on
Program, Inc. This immunity shall not protect a person who makes a report
known to be false, or with reckless disregard for the truth.
* * *
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 59
BY REPRESENTATIVES SHADOIN AND ABRAMSON
AN ACT
To amend and reenact R.S. 37:221(A), (B)(1) and (2), and (C)(1) and (2), relative
to the Judges and Lawyers Assistance Program of the Louisiana State Bar
Association; to provide for a statement of public policy; to provide relative
to privilege and confidentiality; to provide relative to civil immunity; and
Section 1. R.S. 37:221(A), (B)(1) and (2), and (C)(1) and (2) are hereby amended
and reenacted to read as follows:
221. Bar Committee on Alcohol and Drug Abuse; Judges and Lawyers
Assistance Program; privilege, confidentiality, and immunity
A. Statement of public policy.
(1) Alcoholism and drug addiction in the judiciary and among the
members of the Louisiana State Bar Association poses serious health and
ethical problems for the people of the state of Louisiana. One prominent
characteristic of alcoholism and drug addiction is denial, which is the
delusion of the alcoholic or drug addict that he or she will be able to control
the use of alcohol or drugs. Successful treatment can be initiated only
when the delusion of selfcontrol is broken and the alcoholic or drug addict
admits the hopelessness of his or her condition. Judges and lawyers are
no less susceptible than any other citizen of Louisiana to mental health
issues, including but not limited to alcoholism, drug addiction, depression,
burnout, and dementia. These impairments pose serious health and ethical
issues for members of the Louisiana State Bar Association.
(2) The delusion of selfcontrol can be broken, and successful treatment
Successful treatment for mental health issues can be initiated years earlier
than might otherwise be possible, by the use of counseling by peers and/
or or an intervention process. Successful treatment Intervention in cases
of alcoholism and drug addiction involves peer counseling and confronting
the alcoholic or drug addict person with specific instances of misconduct or
abnormal behavior caused by alcohol or drug use, as recited to the subject of
the intervention by fact reporters such as: family members, peers, friends,
coworkers, employers, or other concerned individuals who have firsthand
knowledge of such incidents and who are acting under the guidance of a
trained intervenor.
(3) The Louisiana State Bar Association has recognized the danger to
the public of Louisiana arising through substance abuse by its members,
the judiciary, prospective attorneys, and law students. In order to combat
substance abuse among the judges, lawyers, prospective lawyers and
law students of Louisiana, Recognizing that members of the judiciary
and Louisiana State Bar Association have a strong interest in securing
the competent administration of justice for citizens of Louisiana, and in
upholding the dignity and respect of the judicial branch of government and
legal profession, the Louisiana State Bar Association has created the Judges
and Lawyers Assistance Program, Inc., and the Committee on Alcohol and
Drug Abuse for the purpose of providing counseling and intervening with
respect to intervention services for judges, lawyers, law students, and
prospective lawyers who may have alcohol or drug abuse problems other
members of the legal profession who may suffer from mental health issues.
Members of the legal profession and the judiciary are encouraged to seek
out the counseling and intervention services of the Judges and Lawyers
Assistance Program, Inc., and shall feel confident that their participation in
the Judges and Lawyers Assistance Program, Inc. will be confidential and
privileged in all respects and shall not be divulged to the public in any way.
(4) It is hereby declared to be the public policy of the state of Louisiana to
promote and encourage the use of counseling by peers and the intervention
process in order to initiate successful treatment of alcoholism and drug
addiction among the judiciary, members of the Louisiana State Bar
Association, law students, and prospective lawyers mental health issues
ACT No. 60
among members of the legal profession. The intent of this Section is to
--further this goal by providing for a privilege, confidentiality of information,
HOUSE BILL NO. 201
and tort immunity for the Louisiana State Bar Association, the Louisiana
State Bar Associations Committee on Alcohol and Drug Abuse, Lawyers
AN ACT
the Judges and Lawyers Assistance Program, Inc., the Louisiana Bar To enact R.S. 33:4574(F)(9), relative to the Acadia Parish Convention and
Foundation, their officers, directors, agents and employees, and persons who
Visitors Commission; to provide for changes to the tourist commissions
furnish information and who participate in the counseling and intervention
board of directors; and to provide for related matters.
*
As
it
appears
in
the
enrolled
bill
THE ADVOCATE
PAGE 20

Section 1. R.S. 33:4574(F)(9) is hereby enacted to read as follows:
4574. Tourist commissions; creation; purpose; directors; powers
* * *
F.
* * *
(9) Notwithstanding the provisions of Paragraph (1) of this Subsection, the
Acadia Parish Convention and Visitors Commission shall be governed by a
board of eleven directors appointed by the governing authority of Acadia
Parish.
* * *
Section 2. The governing authority of Acadia Parish may determine the
initial terms of additional directors provided for by this Act.
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 62
BY REPRESENTATIVE ARNOLD
AN ACT
To amend and reenact R.S. 26:2(12) and 241(10), (11), and (12) and to repeal R.S.
26:85.1 and 273(C), relative to the regulation of alcohol manufacturers and
brewers; to authorize manufacturers and brewers to sell certain quantities
of alcoholic beverages at their facilities; to require the remission of sales
and excise taxes for the sale of certain products by manufacturers; to
require manufacturers to obtain a state health permit; to repeal provisions
of law relative to the issuance of certain retail permits; to provide for
definitions; and to provide for related matters.
Section 1. R.S. 26:2(12) and 241(10), (11), and (12) are hereby amended and
2. Definitions
For purposes of this Chapter, the following terms have the respective
meanings ascribed to them in this Section, unless a different meaning
clearly appears from the context:
* * *
(12) Manufacturer means any person, other than a wine producer, who
personally or through any agent whatever engages in the making, blending,
rectifying, or processing of any alcoholic beverage in Louisiana; engages
in the making, blending, rectifying, or processing any alcoholic beverage
outside Louisiana for sale in Louisiana; or engages in the business of
supplying alcoholic beverages to licensed wholesale dealers in Louisiana.
A manufacturer who engages in the making, blending, rectifying, or
processing of any alcoholic beverage in a facility entirely located in the state
of Louisiana may sell or serve only those products that are made, blended,
rectified, or processed at that facility to the public only at that facility for
consumption on or off the premises but not for resale. The total amount of
such sales to the public for any given month shall not exceed one case per
person for each thirty-day period. Any manufacturer who sells its products
to the public pursuant to this Paragraph shall remit all state and parish
or municipal sales and excise taxes to the proper tax collecting authority
for all products sold to the public. A manufacturer who sells or serves its
products to the public pursuant to this Paragraph, shall comply with all
local zoning laws and regulations.
* * *
241. Definitions
The following terms have the respective meanings ascribed to them except
in those instances where the context indicates a different meaning:
* * *
(10) Manufacturer or brewer means any person who, directly or
indirectly, personally or through any agency, person, or establishment,
engages in the making, blending, rectifying, brewing, or other processing
of alcoholic beverages in Louisiana or outside the state for shipments to
licensed wholesale dealers within the state subject to the provisions of R.S.
26:364. A manufacturer or brewer who operates a brewing facility entirely
located in the state of Louisiana may sell or serve only those products brewed
at that facility to the public only at that facility for consumption on or off the
premises but not for resale. The total amount of such sales to the public for
any given month shall not exceed ten percent of the total amount of product
brewed at that facility monthly or two hundred fifty barrels, whichever is
greater. Any manufacturer or brewer who sells its products to the public
pursuant to this Paragraph shall remit all state and parish or municipal
sales and excise taxes to the proper tax collecting authority for all products
sold to the public. A manufacturer or brewer who sells or serves its products
to the public pursuant to this Paragraph, shall comply with all local zoning
laws and regulations.
(11) Microbrewer means any person who, directly or indirectly, personally
or through any agency, engages in the making, blending, rectifying, or other
processing of beer or other malt beverages for retail sale in an amount not
to exceed twelve thousand five hundred barrels per year.
(12) Microbrewery means an a retail establishment wherein beer and
other malt beverages are brewed in small quantities, not to exceed twelve
thousand five hundred barrels per year, and where such beverages are sold
at retail for consumption on or off the licensed premises at retail.
* * *
Section 2. R.S. 26:85.1 and 273(C) are hereby repealed in their entirety.
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 61
BY REPRESENTATIVES BROWN AND SHADOIN
AN ACT
authorize the transfer of certain state property in Union Parish; to provide
for the property description; to provide for reservation of mineral rights; to
provide terms and conditions; to provide an effective date; and to provide
Section 1. The secretary of the Department of Transportation and
Development, notwithstanding any other provision of law to the contrary,
is hereby authorized and empowered to convey, transfer, assign, lease, or
deliver any interest, excluding mineral rights, the state may have to all or
any portion of the following described parcel of property to the governing
authority of the Town of Marion in Union Parish, Louisiana:
Legal Description
A certain piece or portion of ground, together with all buildings and
improvements thereon, and all rights, ways, privileges, servitudes,
advantages and appurtenances thereunto belonging or in anywise
appertaining, situated in the Southeast Quarter of the Southwest Quarter,
Section 10, Township 22 North, Range 2 East, being a portion of that certain
25 acre tract of land described in Act of Sale from Perry W. Bennett to
Samuel M. Parker which appears of record in Book 31, at page 105, of the
Conveyance Records of Union Parish, Louisiana, which piece or portion of
ground is more particularly described as follows, towit:
Beginning at a point in the east line of the MarionOakland Highway on
State Route No. 816, which point marks the intersection of the east line
of the said MarionOakland Highway with the boundary line between the
property of Samuel M. Parker and the property now formerly owned by P.
McVickey; run thence east along said boundary line, a distance of 80.8 feet
to a point; thence north 155.5 feet to a point in the boundary line between the
property of Samuel M. Parker and the property now or formerly owned by
R. L. Edwards; run thence west along said boundary line, a distance of 160
feet to a point in the east right of way line of the MarionOakland Highway;
along the east right of way line of said highway, a distance of 180 feet to the
point of beginning, and containing 0.43 acres, all as more full shown on plan
of survey by W.F. Cooper dated September 16, 1941, blue print of which plan
is annexed hereto and made a part hereof.
Less and Except
Less and except any highway area under the control of DOTD and less and
except any other public streets.
Section 2. The secretary of the Department of Transportation and
Development is hereby authorized to enter into such agreements, covenants,
conditions, and stipulations and to execute such documents as necessary to
properly effectuate any conveyance, transfer, assignment, lease, or delivery
of title, excluding mineral rights, to the property described in Section
1 of this Act, and as more specifically described in any such agreements
entered into and documents executed by and between the secretary of
the Department of Transportation and Development and the governing
authority of the Town of Marion in Union Parish, Louisiana, in exchange of
consideration proportionate to the appraised value of the property.
ACT No. 63
--subsequently approved by the legislature, this Act shall become effective on
HOUSE BILL NO. 257
BY REPRESENTATIVE SEABAUGH
AN ACT
A true copy:
To amend and reenact R.S. 22:1009(A)(introductory paragraph), (5), and
Tom Schedler
(7) and to enact R.S. 22:1009(B)(5) and (6), relative to healthcare provider
Secretary of State
credentialing; to specify that licensed dentists are healthcare providers
-------*
As
it
appears
in
the
enrolled
bill
THE ADVOCATE
PAGE 21
ACT No. 65
BY REPRESENTATIVES BURRELL AND JACKSON
AN ACT
To enact R.S. 14:67.1 and 67.2, relative to theft; to create the crimes of theft
of livestock and theft of timber; to provide for definitions; to provide for
criminal penalties; to provide for duties of enforcement and investigation;
and to provide for related matters.
Section 1. R.S. 14:67.1 and 67.2 are hereby enacted to read as follows:
67.1. Theft of livestock
A. Any of the following acts shall constitute theft of livestock:
(1) The misappropriation or taking of livestock belonging to another or
proceeds derived from the sale of such livestock or its meat, whether done
without the consent of the owner to the misappropriation or taking, or by
means of fraudulent conduct, practices, or representations, with the intent
to deprive the owner permanently of the livestock or proceeds derived from
the sale of the livestock or its meat.
(2)
Transporting or causing the transportation of livestock to a
slaughterhouse or a public livestock market as defined in R.S. 3:663, for
purposes of selling or keeping the livestock or meat with an intent to deprive
the owner permanently of the livestock or meat or proceeds derived from
the sale of the livestock or meat.
(3) Failing or refusing to pay for livestock purchased from an agent, dealer,
public livestock market as defined in R.S. 3:663, or owner, or acquired with
the consent of the agent, dealer, public livestock market, or owner, within
thirty days of the date the livestock was purchased or acquired or the date
payment was due, whichever is longer, with the intent to permanently
deprive the other of the livestock or the value of the livestock.
B. Either of the following acts shall constitute presumptive evidence of
intent to permanently deprive the other of the livestock or meat, or proceeds
derived from sale of the livestock or meat:
(1) Assignment of the livestock in a record book maintained by a
slaughterhouse or public livestock market as defined in R.S. 3:663, in a
name other than that of the owner.
(2) Failing to pay for the livestock within ten days after notice of a request
for payment or return of the livestock or meat has been sent by the agent,
dealer, public livestock market as defined in R.S. 3:663, or owner, to the
offenders last known address by either registered or certified mail, return
receipt requested, or by actual delivery by a commercial courier.
C. Affirmative defenses shall include but not be limited to a contract
establishing longer terms for payment and fraud in regard to the quality of
the livestock.
D. Livestock means any animal except dogs and cats, bred, kept,
maintained, raised, or used for profit, that is used in agriculture,
aquaculture, agritourism, competition, recreation, or silvaculture, or for
other related purposes or used in the production of crops, animals, or plant
or animal products for market. This definition includes but is not limited
to cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys,
and other equine; goats; sheep; swine; chickens, turkeys, and other poultry;
domestic rabbits; imported exotic deer and antelope, elk, farmraised
whitetailed deer, farmraised ratites, and other farmraised exotic
animals; fish, pet turtles, and other animals identified with aquaculture
which are located in artificial reservoirs or enclosures that are both on
privately owned property and constructed so as to prevent, at all times, the
ingress and egress of fish life from public waters; any commercial crawfish
from any crawfish pond; and any hybrid, mixture, or mutation of any such
animal.
E. The Livestock Brand Commission of the state of Louisiana shall have
primary responsibility for the enforcement and collection of information
in such cases, and livestock brand inspectors shall aid all law enforcement
agencies in such investigations.
F. Whoever commits the crime of theft of livestock shall be fined not more
than five thousand dollars, imprisoned, with or without hard labor, for not
ACT No. 64
more than ten years, or both.
--67.2. Theft of timber
HOUSE BILL NO. 273
A. Theft of timber is the misappropriation or taking of timber belonging
BY REPRESENTATIVE BURRELL
to another, or proceeds derived from the sale of such timber, either taken
(On Recommendation of the Louisiana State Law Institute)
without the consent of the owner, or by means of fraudulent conduct,
AN ACT
To repeal Title XVIII of Book III of the Civil Code, comprised of Civil Code practices, or representations, with the intent to deprive the owner
Articles 3084 through 3098, relative to respite; to provide for the repeal of permanently of the timber or proceeds derived therefrom.
B.(1)
Whoever commits the crime of theft of timber when the
all provisions governing voluntary and forced respite; and to provide for
misappropriation or taking amounts to a value of twentyfive thousand
related matters.
dollars or more shall be fined not more than ten thousand dollars and
Section 1. Title XVIII of Book III of the Civil Code, comprised of Civil Code imprisoned at hard labor for not more than ten years.
(2) When the misappropriation or taking amounts to a value of less than
Articles 3084 through 3098, is hereby repealed in its entirety.
twentyfive thousand dollars, the offender shall be imprisoned, with or
without hard labor, for not more than five years, fined not more than five
A true copy:
thousand dollars, or both.
Tom Schedler
C. The enforcement division of the office of forestry within the Department
Secretary of State
of Agriculture and Forestry shall have primary responsibility for collection,
-------preparation, and central registry of information relating to theft of timber
and shall assist all law enforcement agencies in investigations of violations
of the provisions of this Section.
*
As
it
appears
in
the
enrolled
bill
THE ADVOCATE
PAGE 22
and dental benefit plans are health insurance issuers for purposes
of credentialing; to prohibit requiring recredentialing for additional
practice locations; and to provide for related matters.
Section 1. R.S. 22:1009(A)(introductory paragraph), (5), and (7) are hereby
amended and reenacted and R.S. 22:1009(B)(5) and (6) are hereby enacted to
read as follows:
1009. Health care provider credentialing
A. As used in this Section, the following words and phrases shall have the
following meanings ascribed for each, unless the context clearly indicates
otherwise:
* * *
(5) Health care provider or provider means a physician licensed to
practice medicine by the Louisiana State Board of Medical Examiners
Examiners, a dentist licensed to practice dentistry by the Louisiana State
Board of Dentistry, or other individual health care practitioner licensed,
certified, or registered to perform specified health care services consistent
with state law.
* * *
(7) Health insurance issuer or issuer means any insurer who offers
health insurance coverage through a plan, policy, or certificate of insurance
subject to state law that regulates the business of insurance. A health
insurance issuer or issuer shall also include a health maintenance
organization, as defined and licensed pursuant to Subpart I of Part I of
Chapter 2 of this Title, a dental benefit plan, including an entity defined as
a dental service contractor in Subpart G of this Part, and shall include the
Office of Group Benefits programs.
* * *
B.
* * *
(5) A provider who has been credentialed by a health insurance issuer for
any location in the state of Louisiana and is current on all credentialing at
such location or locations, shall be considered credentialed for all other
locations at which that provider may legally practice medicine or dentistry
in the state of Louisiana, provided that each of the following conditions are
met:
(a) Not less than thirty days prior to the time at which the provider begins
practicing at any additional location, another provider who is current on
all credentialing with that health insurance issuer legally practiced there.
(b) The provider gives the health insurance issuer written notice of any
additional location of practice beyond his primary practice location and
any additional practice location originally noted on the providers initial
credentialing application form. The health insurance issuer may require
that such notice include such additional information as may be reasonably
necessary in order to process claims filed by the provider from the additional
location. The credentialing of the provider for any additional location shall
be effective immediately upon the receipt by the health insurance issuer of
such written notice from the provider.
(6) Pursuant to Paragraph (5) of this Subsection, there shall be no other
requirements placed upon the provider in order to be credentialed by a
health insurance issuer for any additional location.
* * *
A true copy:
Tom Schedler
Secretary of State
--------

A true copy:
Tom Schedler
Secretary of State
-------ACT No. 66
Judicial Appropriations
ACT No. 67
BY REPRESENTATIVE BURRELL
AN ACT
To amend and reenact R.S. 51:652(B) and 656(B)(2), relative to the sale of
fireworks; to provide for the dates and times during which fireworks may
be sold; to provide with respect to the issuance of retailer permits; and to
Section 1. R.S. 51:652(B) and 656(B)(2) are hereby amended and reenacted
to read as follows:
652. Proper naming; certification on shipping cases; time for selling;
exceptions; sale and storage in homes prohibited
* * *
B. Permissible items of fireworks, enumerated in R.S. 51:651 may be sold at
retail from noon June twenty-fifth sixteenth through midnight July fifth and
noon December fifteenth through midnight January first of each year only,
except that the term fireworks shall not include toy pistols, toy canes, toy
guns, or other devices in which paper caps containing twenty-five hundredths
(25/100) grains or less of explosive compounds are used, provided they are so
constructed that the hand cannot come in contact with the cap when in place
for exploding, and toy paper pistol caps which contain less than twenty-five
hundredths (25/100) grains of explosive compounds, and the sale and use of
which shall be permitted at all times.
* * *
656. Permit to sell fireworks; application; fees; permit numbers
* * *
B.
* * *
(2) The retail permit shall be effective for purchases of wholesale fireworks,
and the permit shall be effective from the date of issuance through midnight
December thirtyfirst of the applicable year. No retailers permit shall be
issued under pursuant to this Part from June twentyfifth sixteenth through
July fifth nor from December fifteenth through January first of each year. All
other permits issued under pursuant to the provisions of this Section shall
be valid from the date issued through midnight April first of the ensuing
permit year. All applications filed after April first shall be assessed a late
fee equal to the amount of the permit required by this Section.
* * *
A true copy:
Tom Schedler
Secretary of State
--------
to Senate confirmation, a board of commissioners consisting of nine persons

from the parish of Lafourche selected as follows:
(i) Each of the six state legislators representing any part of the district
shall submit nominations, and the governor shall appoint one member from
each such list of nominees.
* * *
(b) The term of office of any commissioner appointed pursuant to
Subparagraph (a) of this Paragraph shall cease in January 2008, or
thereafter, when his successor is appointed and takes office. Beginning
in January 2008, and thereafter, the governor shall appoint a board of
commissioners consisting of nine persons, subject to Senate confirmation.
Such membership shall be comprised of no fewer than three members from
the area within the district lying to the east of Bayou Lafourche, no fewer
than three members from the area within the district lying to the west of
Bayou Lafourche, and the remaining members from the district at-large, all
appointed pursuant to the list of nominations submitted to the governor by
the nominating parties as provided in Subparagraph (a) of this Paragraph.
(c) In the event nine all commissioners are not appointed within sixty
days of the beginning of the term or a vacancy pursuant to the foregoing
the occurrence of a vacancy, then another list of nominations selected
by a majority of the members of the legislature representing the district
shall be submitted, and the governor shall appoint the remaining required
commissioner or commissioners from the list to bring the total number of
commissioners to nine to provide for the total number of commissioners
required by Subparagraph (a) of this Paragraph.
(d) Excluding any vacancies on the board, a majority of the appointed
commissioners shall constitute a quorum for the transaction of business of
the commission.
* * *
(4) On and after January 12, 2004, a A vacancy created whether by reason
of death, resignation, expiration of term, or any other cause of a member of
the board of commissioners shall be filled in the same manner as provided
in Paragraph (2) of this Subsection.
Section 2. This Act shall become effective on January 10, 2016.
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 69
AN ACT
To amend and reenact R.S. 49:214.5.2(F), relative to functions and
responsibilities of the Coastal Protection and Restoration Authority
Board; to provide for the availability of certain resources to satisfy
mitigation requirements related to integrated coastal protection projects
of the board; and to provide for related matters.
Section 1. R.S. 49:214.5.2(F) is hereby amended and reenacted to read as
follows
214.5.2.
Functions and responsibilities; Coastal Protection and
Restoration Authority Board
* * *
F. Upon the approval by the board, and notwithstanding any law to the contrary,
the authority, the state, or any political subdivision thereof, may use its own
employees or equipment resources for satisfying any mitigation requirements
resulting from or related to an integrated coastal protection project.
* * *
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 68
AN ACT
To amend and reenact R.S. 38:291(T)(2)(a)(introductory paragraph) and
(i), (b), and (c) and (4) and to enact R.S. 38:291(T)(2)(d), relative to the
ACT No. 70
membership of the North Lafourche Conservation, Levee and Drainage
--District; to provide relative to the number of board commissioners; to
HOUSE BILL NO. 345
provide for lengths of terms for board members; to remove requirement
BY REPRESENTATIVE HOFFMANN
that members of the board of commissioners be from certain areas; to
AN ACT
provide for a definition of a quorum; to provide for an effective date; and to
To amend and reenact R.S. 17:3883(A)(6)(a)(introductory paragraph), (b), and
(c), relative to evaluations of public school teachers and administrators; to
require the advisory subcommittee of the Accountability Commission to
report and make recommendations regarding proposed modifications of
regulations; and to provide for related matters.
Section 1. R.S. 38:291(T)(2)(a)(introductory paragraph) and (i), (b), and (c)
and (4) are hereby amended and reenacted and R.S. 38:291(T)(2)(d) is hereby Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 17:3883(A)(6)(a)(introductory paragraph), (b), and (c) are
enacted to read as follows:
291. Naming; limits of districts; composition of boards
3883. State Board of Elementary and Secondary Education; powers and duties
* * *
A. The board shall:
T. North Lafourche Conservation, Levee and Drainage District.
* * *
* * *
(6)(a) Require the Accountability Commission established by the board to
(2)(a) The governor shall appoint, beginning January 12, 2004 and until
such time as provided in Subparagraphs (b) and (c) of this Paragraph, subject convene an advisory subcommittee of the commission to report on and make
THE ADVOCATE
PAGE 23
recommendations regarding the overall effectiveness of the evaluation

program, including but not limited to any recommendations for changes to
board policy or state law with respect to the following: the value-added
assessment model as determined by the board pursuant to R.S. 17:3902(B)
(5), measures of student growth for grades and subjects for which valueadded data are not available and for personnel for whom value-added data
are not available as established by the board pursuant to R.S. 17:3902(B)
(5), and elements of evaluation and standards for effectiveness as defined
by the board pursuant to R.S. 17:3902(B)(introductory paragraph). The
subcommittee shall have the following members:
* * *
(b) The legislature finds that as of March of 2015, several of the advisory
subcommittees recommendations have been implemented by the board and
have improved the evaluation program. In addition to its authority to make
such recommendations, the advisory subcommittee may also consider and
advise the board regarding whether adjustments to regulations proposed
by the department and referred to the subcommittee by the board should be
adopted, rejected, or modified.
(c) The members of the subcommittee shall serve without compensation.
(c) The initial meeting of the subcommittee shall be held not later than
September 30, 2014.
* * *
A true copy:
Tom Schedler
Secretary of State
--------
lands lost through erosion, compaction, subsidence, and sea level rise; and
Section 1. R.S. 41:1702(C), (D)(introductory paragraph) and (1), (2)(a)(i), (ii)
(introductory paragraph), (dd), (b), (d), and (f), (G)(1) and (2), (H), and (I) are
1702. Reclamation of lands lost through erosion, compaction, subsidence,
and sea level rise; land acquisition for certain coastal projects; requirements
* * *
C. Application for the reclamation or recovery of land lost through erosion,
compaction, subsidence, or sea level rise shall be made to the Department
of Natural Resources State Land Office, pursuant to Paragraph (D)(1) of
this Section, on forms to be provided and with such reasonable fee as may
be prescribed by the office, provided that all such applications shall be
accompanied by a deed of ownership or a certified map or plat of survey
prepared by a professional land surveyor qualified and currently licensed
by the Louisiana Professional Engineering and Land Surveying Board in
accordance with R.S. 37:681 et seq., defining the boundary between lands
belonging to the state and those of riparian owners and showing the exact
extent of land claimed to be lost through erosion, compaction, subsidence,
or sea level rise, and by such other evidence as may be required by the
administrator showing ownership of the riparian lands in question by the
applicant.
D. In all cases in which a definitive boundary may be arrived at by mutual
consent or through the procedures applicable to contested boundaries,
the administrator of the State Land Office, as provided in Paragraph (1) of
this Subsection, or the secretary of the Department of Natural Resources
executive director of the Coastal Protection and Restoration Authority, as
provided in Paragraph (2) of this Subsection, may allow reclamation.
ACT No. 71
(1) The administrator of the State Land Office may issue a permit for the
--carrying out of the work necessary to implement the recovery of the land lost
HOUSE BILL NO. 350
BY REPRESENTATIVES NANCY LANDRY, ARMES, BROWN, GAROFALO, through erosion, compaction, subsidence, or sea level rise; however, no such
HARRISON, HENSGENS, HILL, HODGES, HOWARD, LEGER, MACK, permit shall be issued until plans and specifications for such work have been
MIGUEZ, MONTOUCET, JIM MORRIS, ORTEGO, PYLANT, REYNOLDS, first submitted to the governing authority of the parish in which the proposed
RITCHIE, ROBIDEAUX, THIERRY, AND WILLMOTT AND SENATOR project is located, the Department of Transportation and Development, the
Department of Wildlife and Fisheries, the Office of Coastal Protection and
GUILLORY
Restoration Authority, and the Department of Natural Resources for review
AN ACT
To amend and reenact R.S. 13:2582(A)(2) and 2583(A)(2)(b), relative to justice and comment not less than sixty days prior to the issuance of such permit.
of the peace courts; to exempt certain justices of the peace and constables No permit shall be required for projects to facilitate the development,
from office qualifications relative to age requirements; and to provide for design, engineering, implementation, operation, maintenance, or repair of
coastal or barrier island restoration integrated coastal protection projects
related matters.
by the Office of Coastal Protection and Restoration Authority under R.S.
Section 1. R.S. 13:2582(A)(2) and 2583(A)(2)(b) are hereby amended and 49:214.1 et seq. or other applicable law or projects for the Atchafalaya Basin
Program. Within sixty days of completion of the reclamation project, the
2582. Justices of the peace; qualifications; election; term of office; nullity; riparian owner shall submit to the State Land Office proof of the extent of
the land area actually reclaimed in the manner provided in Subsection C
persons ineligible
of this Section for showing the submerged area, which map or plat shall
A.
be employed for fixing the definitive boundary between the reclaimed
* * *
(2)(a) Beginning in the year 2008, to qualify to run for the office of justice land area and the state water bottoms. Permits issued pursuant to these
of the peace, a person shall not have attained the age of seventy years by provisions shall be effective for a period not to exceed two years from
the date of qualification to run for office. A justice of the peace who attains the date of issuance and shall thereupon expire. All work remaining or
seventy years of age while serving a term of office shall be allowed to any additional work may be completed only by application in the manner
provided by this Section.
complete that term of office.
(2)(a)(i) To facilitate the development, design, and implementation of
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply
to those justices of the peace who are serving as a justice of the peace or coastal conservation, restoration and protection plans and integrated
coastal protection projects, including hurricane protection and flood
elected to the office of justice of the peace on or before August 15, 2006.
control, pursuant to R.S. 49:214.1 et seq., the secretary of the Department
* * *
of Natural Resources executive director of the Coastal Protection and
2583. Constables; election; term of office; qualifications
Restoration Authority, after consultation with other state agencies,
A.
including the Department of Natural Resources and the State Land Office,
* * *
may enter into agreements with owners of land contiguous to and abutting
(2)
navigable water bottoms belonging to the state who have the right to reclaim
* * *
(b) The provisions of this Paragraph shall not apply in Livingston Parish. or recover such land, including all oil and gas mineral rights, as provided in
The provisions of Subparagraph (a) of this Paragraph shall not apply to Subsection B of this Section, which agreements may establish in such owner
those constables who are serving as a constable or elected to the office of the perpetual, transferrable ownership of all subsurface mineral rights to
constable on or before August 15, 2006.
the then existing then-existing coast or shore line. Such agreements may
also provide for a limited or perpetual alienation or transfer, in whole or in
* * *
part, to such owner of subsurface mineral rights owned by the state relating
to the emergent lands that emerge from waterbottoms that are subject to
A true copy:
such owners right of reclamation in exchange for the owners compromise
Tom Schedler
of his ownership and reclamation rights within such area and for such
Secretary of State
time as the secretary executive director deems appropriate and in further
-------exchange for the owners agreement to allow his existing property to be
utilized in connection with the project to the extent deemed necessary by
ACT No. 72
the secretary executive director.
--(ii) When land is acquired from any person by an acquiring authority
HOUSE BILL NO. 352
as defined in R.S. 31:149, for the principal purpose of facilitating the
BY REPRESENTATIVE LEGER
development, design, and implementation of coastal conservation,
AN ACT
To amend and reenact R.S. 41:1702(C), (D)(introductory paragraph) and restoration, protection or management plans and integrated coastal
(1), (2)(a)(i), (ii)(introductory paragraph), (dd), (b), (d), and (f), (G)(1) and protection projects, including hurricane protection and flood control, by the
(2), (H), and (I), relative to land reclamation for coastal protection and state, its political subdivisions, or by the state and federal government, the
restoration purposes; to provide relative to approval of land reclamation secretary of the Department of Natural Resources executive director of the
by an acquiring authority for integrated coastal protection purposes; Coastal Protection and Restoration Authority, after consultation with other
to provide relative to the administrative responsibility for reclamation of state agencies, including the Department of Natural Resources and the
State Land Office, may, in accordance with rules and regulations adopted
*
As
it
appears
in
the
enrolled
bill
THE ADVOCATE
PAGE 24
ACT No. 73
in accordance with the Administrative Procedure Act by the Department
--of Natural Resources Coastal Protection and Restoration Authority after
HOUSE BILL NO. 365
consultation with other state agencies, including the Department of Natural
BY REPRESENTATIVE JONES
Resources and the State Land Office, enter into an agreement under this
AN ACT
Section with respect to the ownership of minerals and other matters to the
same extent as authorized under Item (i) of this Paragraph. In addition, To enact R.S. 8:308.1, relative to interment space in the city of Franklin; to
provide relative to ownership of interment spaces in a cemetery governed
such agreement shall, at a minimum, specify:
by the city governing authority; to provide a procedure for clarifying
* * *
ownership interests in interment spaces under certain circumstances;
(dd) Permanent easements, servitudes, rightsofway, and rights of use as
necessary to facilitate the principal purposes of the acquisition. These shall
include, but are not limited to, those necessary for construction, operation, Notice of intention to introduce this Act has been published as provided by
maintenance, repair, replacement and rehabilitation of any projects or
cooperative agreements undertaken by the state or a political subdivision Be it enacted by the Legislature of Louisiana:
for coastal protection, conservation, restoration or management integrated
308.1. Franklin; interment space ownership
coastal protection or by the state and federal governments pursuant to state
A. If the city of Franklin determines that the ownership of an unused
or federal law, including but not limited to, the Coastal Wetlands Planning,
Protection and Restoration Act, the Coastal Zone Management Act, the interment space in a cemetery it governs is ambiguous because the right
Water Resources Development Act, the Coastal Impact Assistance Program, to use the space for interment may have been sold more than one hundred
years previously, but no record of such a sale is extant, the city may assume
and the North American Wetlands Conservation Act.
control of and sell the interment space after diligent effort to locate
* * *
(b) In addition to the provisions of Subparagraph (a) of this Paragraph, possible current owners by a review of the public records and the procedure
in the case of a project involving a barrier island, the secretary executive established in Subsection B of this Section.
director may also require the owner to transfer title to all or a portion of
B. The city shall publish a public notice in its official journal, once a
the island in exchange for any subsurface mineral rights acquired by said month for twelve consecutive months, attempting to locate owners of any
owner.
such spaces. Such notice shall, at a minimum, provide each of the following:
* * *
(1) The identity of the interment spaces, either individually or by
(d) When the secretary executive director proposes to execute an agreement description of the general area of the cemetery where multiple spaces are
by which an election pursuant to this Section is affected, the secretary located.
executive director shall first submit the agreement for review and approval
(2) A statement explaining that the right of interment in such a space may
to the House Committee on Natural Resources and Environment and the have been sold more than one hundred years previously, but the city has no
Senate Committee on Natural Resources, after publishing the agreement as record of such a sale.
provided in the Administrative Procedure Act.
(3) An address where a person who can show an ownership interest in such
* * *
a space may present evidence of such ownership.
(f)
The Department of Natural Resources Coastal Protection and
(4) A specific date after which the city assumes full ownership of any
Restoration Authority shall provide an owner granted subsurface mineral unclaimed spaces and after which a previous owner has no right, title, or
rights pursuant to this Paragraph, recordable evidence of the rights interest in or to such a space.
transferred, which documents shall include an adequate legal description
C. After compliance with Subsection B of this Section, the city shall have
of the area subject to such owners rights and a plat thereof. The owner full ownership and control of any interment spaces referenced in the notices
shall be responsible for filing any such document in the conveyance records specified in Subsection B of this Section, if no person files suit or otherwise
of the parish in which such property is located, which filing shall be public presents sufficient evidence of an ownership interest on or before the date
notice thereof.
specified in Paragraph (B)(4) of this Section. However, if a persons claim
* * *
of ownership is presented on a timely basis but evidence is insufficient to
G.(1) The administrator of the State Land Office shall have the authority justify a belief therein, the claim for which the person may file suit is subject
to adopt regulations allowing reclamation of land in compliance with to a liberative prescription of one year from the date specified in Paragraph
the provisions of Paragraph (D)(1) of this Section, and the secretary of (B)(4) of this Section. If the person does not timely file suit as specified in
the Department of Natural Resources executive director of the Coastal this Subsection, the city may thereafter sell and convey such interment
Protection and Restoration Authority shall have the authority to adopt spaces as provided by law.
regulations pursuant to Paragraph (D)(2) of this Section.
(2) Permits may be granted for bulkheads, generally parallel to the shore, A true copy:
that do not interfere with navigation on any inland navigable water body
Tom Schedler
whether or not the area to be bulkheaded eroded before July 1, 1921, if, on the
Secretary of State
basis of evidence furnished the administrator of the State Land Office, such
-------bulkheading will aid in reclaiming submerged land or preventing erosion,
compaction, or subsidence. No permit shall be required for projects to
ACT No. 74
facilitate the development, design engineering, implementation, operation,
--maintenance, or repair of coastal or barrier island restoration integrated
HOUSE BILL NO. 379
coastal protection projects by the Department of Natural Resources Coastal
BY REPRESENTATIVE HOLLIS AND SENATOR MURRAY
Protection and Restoration Authority under R.S. 49:214.1 et seq. or other
AN ACT
applicable law or projects for the Atchafalaya Basin Program. Such permits To amend and reenact R.S. 49:1002(J) and 1005(A)(introductory paragraph)
shall not vest any title in any private owner other than as to lands eroded
and to enact R.S. 49:1001(14), relative to drug testing standards; to provide
after July 1, 1921.
for drug testing by CAP-FDT-certified laboratories; and to provide for
* * *
related matters.
H. No reclamation by a riparian landowner shall be permitted if, in the Be it enacted by the Legislature of Louisiana:
determination of the Department of Natural Resources, the State Land Office,
Section 1. R.S. 49:1002(J) and 1005(A)(introductory paragraph) are hereby
the Coastal Protection and Restoration Authority, or the attorney general, amended and reenacted and R.S. 49:1001(14) is enacted to read as follows:
such activity would unreasonably obstruct or hinder the navigability of any
1001. Definitions
waters of the state or impose undue or unreasonable restraints on the state
As used in this Chapter, the following words and phrases have the meanings
rights which have vested in such areas pursuant to Louisiana law, and to contained herein unless the context clearly requires otherwise:
that extent the land area sought to be reclaimed may be limited.
* * *
I. Any person aggrieved either by a substantive agency decision made
(14) CAP-FDT-certified laboratory means a laboratory certified for
pursuant to the provisions of this Section, including interlocutory decisions forensic hair drug testing by the College of American Pathologists.
relating to boundaries and determinations of areas reclaimed, or by a failure
1002. Applicability
of the agency to render such decisions timely, may seek immediate judicial
* * *
review of the agency action. Proceedings for review of decisions by the
J. This Chapter does not preclude an employer or an employers agent
Department of Natural Resources, the Coastal Protection and Restoration from utilizing a USFDA-cleared specimen testing method that uses a
Authority, or the State Land Office may be instituted by filing a petition in sample as defined in R.S. 49:1001 provided that such sample is processed in
the Nineteenth Judicial District Court within thirty days after mailing of a laboratory with a SAMHSA, or CAP-FUDT, or CAP-FDT certification using
notice of the final decision by the administrator or secretary. Any party may generally accepted cutoff levels as established by the USFDA for the type
of sample tested, or by SAMHSA at such time when SAMHSA implements a
request and be granted a trial de novo.
final rule to regulate the type of sample test. Any sample collected shall be
* * *
subject to USFDAcleared immunoassay screening and confirmation testing
at a SAMHSA-certified, or CAP-FUDT-certified, or CAP-FDT-certified
A true copy:
laboratory. Such samples that test positive shall be preserved by the
Tom Schedler
laboratory and available for challenge testing at the request of the donor.
Secretary of State
No sample shall be used to collect or analyze DNA.
-------*
As
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appears
in
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enrolled
bill
THE ADVOCATE
PAGE 25
1005. Use of certified laboratories for drug testing of samples collected

A. All drug testing of individuals in residence in the state and all drug
testing of samples collected in the state, including territorial waters and
any other location to which the laws of Louisiana are applicable, shall be
performed in SAMHSA-certified, or CAP-FUDT-certified, or CAP-FDTcertified laboratories, if both of the following apply:
* * *
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 75
BY REPRESENTATIVES JACKSON, ARMES, BROADWATER, CARTER,
CHANEY, COX, FOIL, GAINES, HOFFMANN, HUNTER, JAMES,
LOPINTO, MACK, NORTON, PIERRE, PRICE, PYLANT, ROBIDEAUX,
SHADOIN, SMITH, ALFRED WILLIAMS, AND PATRICK WILLIAMS AND
SENATOR THOMPSON
AN ACT
To amend and reenact R.S. 17:3351.15(A), relative to the Board of Supervisors
for the University of Louisiana System; to authorize the board to impose
certain fee amounts for enrollment in the dental hygiene program at the
University of Louisiana at Monroe; and to provide for related matters.
Section 1. R.S. 17:3351.15(A) is hereby amended and reenacted to read as
follows:
3351.15. Board of Supervisors for the University of Louisiana System;
tuition and attendance fee amounts; graduate students; masters degree in
business administration; dental hygiene
A. In addition to the authority granted to the Board of Supervisors for the
University of Louisiana System by law authorizing such board to provide
for and impose fees and in accordance with the provisions of Article VII,
Section 2.1(A) of the Constitution of Louisiana, the board may impose the
following increases,: effective
(1) Effective for the Fall 2009 academic session and thereafter, in tuition
and attendance fee amounts:
(1)(a) For a full-time graduate student who is enrolling in any institution
under its management and supervision by an amount which shall not exceed
thirty dollars per credit hour per academic session.
(2)(b) For a full-time student who is seeking a masters of business
administration degree at any institution under its management and
supervision, an increase in tuition by an amount of up to one thousand
dollars per academic session, which shall be inclusive of the increase in
graduate student tuition authorized in Paragraph (1) of this Subsection.
(2) Effective for the 2015-2016 academic year and thereafter, a dental
supply fee of three hundred dollars per academic year for students enrolled
in the dental hygiene program, University of Louisiana at Monroe.
* * *
A true copy:
Tom Schedler
Secretary of State
--------
B. Definitions. As used in this Section, the following terms shall have

the following meanings unless a different meaning is clearly required by
context:
* * *
(10) Qualifying disability means a one hundred percent permanent total
disability rating, or a permanent and total unemployability disability rating
as determined by the United States Department of Veterans Affairs and
certified by the Louisiana secretary of veterans affairs in a final adjudication
of the initial rating decision or as determined or certified by the proper
state entity that adjudicates such claims for guardsmen in accordance with
the workers compensation law of this state. A qualifying disability shall be
certified by the Louisiana secretary of veterans affairs or his designee. As
provided for in this Paragraph, the initial rating decision shall not apply
to a United States Department of Veterans Affairs rating decision which
predates service in the Louisiana National Guard.
* * *
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 78
BY REPRESENTATIVE BERTHELOT
AN ACT
To amend and reenact R.S. 33:386(A) and (D), relative to Lawrason Act
municipalities; to provide relative to the appointment of municipal
officials; to provide relative to the first regular meeting of the board of
aldermen when such appointments are made; to provide for a clarification
as to the meaning of the first meeting of the board of aldermen; and to
Section 1. R.S. 33:386(A) and (D) are hereby amended and reenacted to
read as follows:
386. Appointment of municipal officials; bond required
A. At the first regular meeting of the board of aldermen succeeding each
elected at a regular municipal election, the mayor, subject to confirmation
by the board of aldermen, shall appoint a clerk, tax collector, except
as provided for in R.S. 33:381(D), and all other necessary officers whose
election is not provided for in R.S. 33:381. In the event of a vacancy, the
mayor, subject to confirmation by the board of aldermen, shall appoint a
successor to any such office. In making or approving such appointments and
in filling vacancies, the mayor and board of aldermen shall give preference
to residents of the municipality if all other considerations are equal.
* * *
D. The term of the clerk, tax collector, nonelected chief of police, street
commissioner, municipal attorney, and court magistrate shall end at the
time of the first regular meeting of the board of aldermen succeeding each
elected at a regular municipal election.
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 79
BY REPRESENTATIVE LOPINTO
AN ACT
To amend and reenact R.S. 13:5401(B)(1)(a), (3)(a), and (7)(c) and (C)(1) and to
enact R.S. 13:5401(B)(3)(c) and (7)(d) and (e) and (C)(9), relative to reentry
courts; to provide for the payment of costs associated with reentry court;
ACT No. 77
to provide for sentencing options for violations of reentry probation; to
--provide with respect to eligibility for participation in reentry court
HOUSE BILL NO. 425
programs; to provide for penalties for failure to complete reentry probation
BY REPRESENTATIVES HAZEL, ADAMS, ARMES, BARROW, STUART
successfully; to provide for the definition of a technical violation; to
BISHOP, BROWN, CARMODY, CARTER, CHANEY, COX, DOVE, FOIL,
authorize the creation of a reentry division of the Twenty-Fifth Judicial
GUINN, HARRISON, HILL, HODGES, HOWARD, HUNTER, MIKE
District Court; and to provide for related matters.
JOHNSON, JONES, KLECKLEY, LEBAS, LEGER, LORUSSO, MONTOUCET, Be it enacted by the Legislature of Louisiana:
JAY MORRIS, NORTON, OURSO, POPE, PYLANT, REYNOLDS,
Section 1. R.S. 13:5401(B)(1)(a), (3)(a), and (7)(c) and (C)(1) are hereby
SEABAUGH, SIMON, ST. GERMAIN, STOKES, AND WILLMOTT
amended and reenacted and R.S. 13:5401(B)(3)(c) and (7)(d) and (e) and (C)(9)
AN ACT
are hereby enacted to read as follows:
To amend and reenact R.S. 29:26.1(B)(10), relative to National Guard death
5401. District courts; reentry courts; subject matter
and disability benefits; to restrict certain federal rating decisions from
* * *
the definition of qualifying disability for National Guardsmen; and to
B. Participation in the workforce development sentencing program as
authorized by the provisions of this Section shall be subject to the following
provisions:
Section 1. R.S. 29:26.1(B)(10) is hereby amended and reenacted to read as
(1) The court may recommend that a defendant participate in the workforce
follows:
development sentencing program if all of the following criteria are satisfied:
26.1. National Guard death and disability benefits
(a) The defendant meets the eligibility requirements for participation
* * *
in the Offender Rehabilitation and Workforce Development Program as
provided for in R.S. 15:1199.7(A) and (C).
*
As
it
appears
in
the
enrolled
bill
THE ADVOCATE
PAGE 26
ACT No. 76
Legislative Appropriations
* * *
(3) In offering a defendant the opportunity to request the program, the
court shall advise the defendant of the following:
(a) If the defendant is eligible to participate in the workforce development
sentencing program, the defendant shall waive the right to a trial. The
defendant shall enter a plea of guilty to the charge, with the stipulation
that the defendant shall be sentenced to custody of the Department of
Public Safety and Corrections to participate in the Offender Rehabilitation
and Workforce Development Program and after successful completion of
that program, he may petition the court to be placed on intensive reentry
supervision by the court suspend the remainder of his sentence and be
placed on probation under the intensive supervision of the reentry division
of court.
* * *
(c) A defendant who is placed under the supervision of the reentry division
of court shall pay the cost of any assessments, substance abuse tests, and
treatment programs to which he is assigned and the cost of any additional
supervision that may be required, to the extent of his financial resources, as
determined by the reentry division of court.
* * *
(7)
* * *
(c) If the defendant successfully completes the Offender Rehabilitation
and Workforce Development Program and successfully completes all other
requirements of the workforce development sentencing program, he may
petition the court to be placed on intensive reentry supervision by the court
suspend the remainder of his sentence and be placed on probation under
the intensive supervision of the reentry division of court.
(d) If the defendant violates any condition of his reentry probation, the
court may revoke the probation and order the defendant to serve the sentence
previously imposed and suspended, or the court may revoke the probation
and order the defendant to be committed to the custody of the Department
of Public Safety and Corrections and be required to serve a sentence of not
more than twelve months without diminution of sentence in the intensive
incarceration program pursuant to R.S. 15:574.4.4, or the court may impose
a sentence of not more than ninety days without diminution of sentence or
credit for time served prior to the revocation for any technical violation, or
the court may impose any sanction provided by Code of Criminal Procedure
Article 900, and extend probation and order that the defendant continue
treatment for an additional period, or both. The term of the revocation for a
technical violation shall begin on the date the court orders the revocation.
Upon completion of the imposed sentence for the technical revocation,
the defendant shall return to active and supervised probation for a period
equal to the remainder of the original period of probation subject to any
additional conditions imposed by the court.
(e) A technical violation, as used in this Paragraph, means any violation
except it shall not include any of the following:
(i) Being arrested, charged, or convicted of any of the following:
(aa) A felony.
(bb) Any intentional misdemeanor directly affecting the person, including
but not limited to domestic abuse battery.
(ii) Being in possession of a firearm or other prohibited weapon.
(iii) Absconding from the jurisdiction of the court.
C. The following district courts may assign certain divisions of the court as
a reentry division of court in accordance with the provisions of this Section:
(1) The Criminal District Court for the parish of Orleans or the Forty-First
Judicial District Court.
* * *
(9) The Twenty-Fifth Judicial District Court.
A true copy:
Tom Schedler
Secretary of State
-------ACT No. 80
BY REPRESENTATIVE ROBERT JOHNSON
AN ACT
To amend and reenact Chapter 1 of Title XIII of the Louisiana Childrens
Code, formerly comprised of Articles 1301.1 through 1308.2, to be
comprised of Articles 1301.1 through 1309.3, and R.S. 46:236.3(I), relative
to family support enforcement; to provide for a revision of the Uniform
Interstate Family Support Act; to provide with respect to procedures for
the registration, recognition, enforcement, and modification of family
support orders; to extend applicability to foreign countries; to provide for
jurisdiction; to provide procedures applicable to initiating and responding
tribunals; to provide for the duties of the Department of Children and
Family Services; to provide definitions; to provide with respect to income
withholding to enforce a child support obligation; and to provide for
related matters.
Section 1. Chapter 1 of Title XIII of the Louisiana Childrens Code, formerly

comprised of Articles 1301.1 through 1308.2, to be comprised of Articles
1301.1 through 1309.3, is hereby amended and reenacted to read as follows:
TITLE XIII
SUPPORT OF FAMILY
CHAPTER 1. UNIFORM INTERSTATE FAMILY
SUPPORT ACT
Section 1. General Provisions
Art. 1301.1. Short title
This Chapter may be cited as the Uniform Interstate Family Support Act.
Art. 1301.2. Uniformity of application and construction
This Chapter shall be applied and construed to effectuate its general
purpose to make uniform the law with respect to the subject of this Chapter
among states enacting it.
Art. 1301.3. Definitions
As used in In this Chapter:
(1) Act means the Uniform Interstate Family Support Act.
(2) Child means an individual, whether over or under the age of majority,
who is or is alleged to be owed a duty of support by the individuals parent
or who is or is alleged to be the beneficiary of a support order directed to
the parent.
(3)(2) Child support Child support order means a support order for a
child, including a child who has attained the age of majority under the law
of the issuing state or foreign country.
(4)(3) Department means the Department of Children and Family
Services. Convention means the Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance, concluded at The
Hague on November 23, 2007.
(5)(4) Duty of support means an obligation imposed or imposable by
law to provide support for a child, spouse, or former spouse, including an
unsatisfied obligation to provide support.
(5) Foreign country means a country, including a political subdivision
thereof, other than the United States, that authorizes the issuance of support
orders and:
(a) Which has been declared under the law of the United States to be a
foreign reciprocating country;
(b) Which has established a reciprocal arrangement for child support with
this state as provided in Article 1303.8;
(c) Which has enacted a law or established procedures for the issuance
and enforcement of support orders which are substantially similar to the
procedures under this Chapter; or
(d) In which the Convention is in full force with respect to the United
States.
(6) Foreign support order means a support order of a foreign tribunal.
(7) Foreign tribunal means a court, administrative agency, or quasijudicial entity of a foreign country which is authorized to establish, enforce,
or modify support orders or to determine parentage of a child. The term
includes a competent authority under the Convention.
(6)(8) Home state means the state or foreign country in which a child
lived with a parent or a person acting as parent for at least six consecutive
months immediately preceding the time of filing of a petition or comparable
pleading for support and, if a child is less than six months old, the state
or foreign country in which the child lived from birth with any of them. A
period of temporary absence of any of them is counted as part of the sixmonth or other period.
(7)(9) Income includes earnings or other periodic entitlements to money
from any source and any other property subject to withholding for support
under the laws law of this state.
(8)(10) Income-withholding order means an order or other legal process
directed to an obligors employer or other debtor, as defined by the incomewithholding law of this state, to withhold support from the income of the
obligor.
(9) Initiating state means a state from which a proceeding is forwarded
or in which a proceeding is filed for forwarding to a responding state under
this Chapter or a law or procedure substantially similar to this Chapter, the
Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform
Reciprocal Enforcement of Support Act.
(10)(11)
Initiating tribunal means the authorized tribunal in an
initiating state. tribunal of a state or foreign country from which a petition
or comparable pleading is forwarded or in which a petition or comparable
pleading is filed for forwarding to another state or foreign country.
(12) Issuing foreign country means the foreign country in which a
tribunal issues a support order or a judgment determining parentage of a
child.
(11)(13) Issuing state means the state in which a tribunal issues a support
order or renders a judgment determining parentage of a child.
(12)(14) Issuing tribunal means the tribunal of a state or foreign country
that issues a support order or renders a judgment determining parentage of
a child.
(13)(15) Law includes decisional and statutory law and rules and
regulations having the force of law.
(14)(16) Obligee means any of the following:
(a) An individual to whom a duty of support is owed or is alleged to be owed
or in whose favor a support order has been issued or a judgment determining

THE ADVOCATE
PAGE 27
parentage has been rendered or a judgment determining parentage of a

Art. 1301.5. 1301.4. Remedies cumulative
child has been issued.;
A. Remedies provided by this Chapter are cumulative and do not affect
(b) A foreign country, state or political subdivision of a state to which the availability of remedies under other law or the recognition of a foreign
the rights under a duty of support or support order have been assigned or support order on the basis of comity.
B. This Chapter does not:
which has independent claims based on financial assistance provided to an
(1) Provide the exclusive method of establishing or enforcing a support
individual obligee in place of child support.;
(c) An individual seeking a judgment determining parentage of the order under the law of this state; or
individuals child.; or
(2) Grant a tribunal of this state jurisdiction to render judgment or issue
(d) A person that is a creditor in a proceeding under Section 7.
an order relating to child custody or visitation in a proceeding under this
(15)(17) Obligor means an individual or the estate of a decedent who, Chapter.
with respect to any of the following:
Art. 1301.5. Application of Chapter to resident of foreign country and
(a) Owes or is alleged to owe a duty of support.;
foreign support proceeding
(b) Is alleged, but has not been adjudicated to be a parent of a child.;
A. A tribunal of this state shall apply Sections 1 through 6 and, as
(c) Is liable under a support order.; or
applicable, Section 7, to a support proceeding involving:
(d) Is a debtor in a proceeding under Section 7.
(1) A foreign support order;
(18) Outside this state means a location in another state or a country
(2) A foreign tribunal; or
other than the United States, whether or not the country is a foreign country.
(3) An obligee, obligor, or child residing in a foreign country.
(19) Person means an individual, corporation, business trust, estate,
B. A tribunal of this state that is requested to recognize and enforce
trust, partnership, limited liability company, association, joint venture, a support order on the basis of comity may apply the procedural and
public corporation, government or governmental subdivision, agency, or substantive provisions of Sections 1 through 6.
instrumentality, or any other legal or commercial entity.
C. Section 7 applies only to a support proceeding under the Convention.
(20) Record means information that is inscribed on a tangible medium In such a proceeding, if a provision of Section 7 is inconsistent with Section
or that is stored in an electronic or other medium and is retrievable in 1 through 6, Section 7 controls.
perceivable form.
Section 2. Jurisdiction
(16)(21) Register means to record or file in a tribunal of this state a
Subsection A. Extended Personal Jurisdiction
Art. 1302.1. Basis for jurisdiction over nonresident
support order or judgment determining parentage in the registry of foreign
support orders of a child issued in another state or a foreign country.
A. In a proceeding to establish, or enforce, or modify a support order or to
(17)(22) Registering tribunal means a tribunal in which a support order determine parentage of a child, a tribunal of this state may exercise personal
or judgment determining parentage of a child is registered.
jurisdiction over a nonresident individual, or his tutor the individuals
(18) Registry of foreign support orders means any place where a clerk guardian, curator, or tutor, in any of the following situations if:
of court records all support orders rendered in another state and enforced
(1) The individual is personally served with citation, summons, or notice
within this state.
within this state.;
(19)(23) Responding state means a state in which a proceeding is filed or
(2) The individual submits to the jurisdiction of this state by consent
to which a proceeding is forwarded for filing from an initiating state under in a record, by entering a general appearance, or by filing a responsive
this Chapter or a law or procedure substantially similar to this Chapter, the document having the effect of waiving any exception or contest to personal
Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform jurisdiction.;
Reciprocal Enforcement of Support Act petition or comparable pleading for
(3) The individual resided with the child in this state.;
support or to determine parentage of a child is filed or to which a petition or
(4) The individual resided in this state and provided prenatal expenses or
comparable pleading is forwarded for filing from another state or a foreign support for the child.;
(5) The child resides in this state as a result of the acts or directives of the
country.
(20)(24) Responding tribunal means the authorized tribunal in a individual.;
responding state or foreign country.
(6) The individual engaged in sexual intercourse in this state and the
(21)(25) Spousal support order means a support order for a spouse or child may have been conceived by that act of intercourse.;
former spouse of the obligor.
(7) The individual asserted parentage of a child in the putative father
(22)(26) State means a state of the United States, the District of Columbia, registry maintained in this state by the Department of Health and Hospitals,
Puerto Rico, the United States Virgin Islands, or any territory or insular office of public health.; or
(8) There is any other basis consistent with the constitutions of this state
possession subject to under the jurisdiction of the United States. The term
state includes both of the following: an Indian nation or tribe.
and the United States for the exercise of personal jurisdiction.
(a) An Indian tribe.
B. The basis for personal jurisdiction set forth in Paragraph A or in any
(b) A foreign jurisdiction that has enacted a law or established procedures other law of this state may not be used to acquire personal jurisdiction for a
for issuance and enforcement of support orders that are substantially similar tribunal of this state to modify a child support order of another state unless
to the procedures under this Chapter, the Uniform Reciprocal Enforcement the requirements of Article 1306.11 are met, or, in the case of a foreign
of Support Act, or the Revised Uniform Reciprocal Enforcement of Support support order, unless the requirements of Article 1306.15 are met.
Act.
Art. 1302.2. Procedure when exercising jurisdiction over nonresident
(23)(27) Support enforcement agency means a public official or an Duration of personal jurisdiction
agency, governmental entity, or private agency authorized to seek any of the
A tribunal of this state exercising personal jurisdiction over a nonresident
following:
under Article 1302.1 (Basis for jurisdiction over nonresident) may apply
(a) Enforcement Seek enforcement of support orders or laws relating to Article 1303.16 (Special rules of evidence and procedure) to receive evidence
from another state, and Article 1303.18 (Assistance with discovery) to obtain
the duty of support.;
discovery through a tribunal of another state. In all other respects, the
(b) Establishment Seek establishment or modification of child support.;
provisions of Sections 3 through 7 of this Chapter do not apply and the
(c) Determination Request determination of parentage of a child.;
tribunal shall apply the procedural and substantive laws of this state,
(d) Location of Attempt to locate obligors or their assets.; or
including the rules on choice of law other than those established by this
(e) Request determination of the controlling child support order.
(24)(28) Support order means a judgment, decree, or order, decision, Chapter. Personal jurisdiction acquired by a tribunal of this state in a
or directive, whether temporary, final, or subject to modification, issued in proceeding under this Chapter or other law of this state relating to a support
a state or foreign country for the benefit of a child, a spouse, or a former order continues as long as a tribunal of this state has continuing, exclusive
spouse, which provides for monetary support, health care, arrearages, jurisdiction to modify its order or continuing jurisdiction to enforce its
retroactive support, or reimbursement for financial assistance provided to order as provided by Articles 1302.5, 1302.6, and 1302.11.
an individual obligee in place of child support. , and The term may include
Subsection B. Proceedings Involving
Two or More States
related costs and fees, interest, income withholding, automatic adjustment,
Art. 1302.3. Initiating and responding tribunal of state
reasonable attorney fees, and other relief.
Under this Chapter, a tribunal of this state may serve as an initiating
(25)(29) Tribunal means a court, administrative agency, or quasi judicial
entity authorized to establish, enforce, or modify support orders or to tribunal to forward proceedings to a tribunal of another state and as a
determine parentage of a child. However, with respect to the establishment, responding tribunal for proceedings initiated in another state or a foreign
enforcement, or modification of support orders or the determination of country.
parentage in Louisiana, a tribunal is limited to a state court of competent
Art. 1302.4. Simultaneous proceedings in another state
jurisdiction.
A. A tribunal of this state may exercise jurisdiction to establish a support
Art. 1301.4. 1301.3. Tribunals of state State Tribunal and Support order if the petition or comparable pleading is filed after a petition or a
comparable pleading is filed in another state or a foreign country only if all
Enforcement Agency
A. The district courts or, if applicable, the family or juvenile courts, and of the following exist:
(1) The petition or comparable pleading in this state is filed before the
the division of administrative review, office of the secretary, Department
of Children and Family Services, or other administrative law division expiration of the time allowed in the other state or the foreign country for
authorized by law, are the tribunals of this state for purposes of this Chapter. filing a responsive pleading challenging the exercise of jurisdiction by the
B. The Department of Children and Family Services is the support other state or the foreign country.;
enforcement agency of this state.
THE ADVOCATE
PAGE 28
(2) The contesting party timely challenges the exercise of jurisdiction in

the other state or the foreign country; and.
(3) If relevant, this state is the home state of the child.
B. A tribunal of this state may not exercise jurisdiction to establish a
support order if the petition or comparable pleading is filed before a petition
or comparable pleading is filed in another state or a foreign country if all of
the following exist:
(1) The petition or comparable pleading in the other state or foreign
country is filed before the expiration of the time allowed in this state for
filing a responsive pleading challenging the exercise of jurisdiction by this
state.;
(2) The contesting party timely challenges the exercise of jurisdiction in
this state.; and
(3) If relevant, the other state or foreign country is the home state of the
child.
Art. 1302.5. Continuing, exclusive jurisdiction to modify child support
order
A. A tribunal of this state issuing a that has issued a child support order
consistent with the laws law of this state has and shall exercise continuing,
exclusive jurisdiction over a child support order as follows to modify its
child support order if the order is the controlling order and:
(1) As long as this state remains the residence of the obligor, the individual
obligee, or the child for whose benefit the support order is issued. At the
time of the filing of a request for modification, this state is the residence of
the obligor, the individual obligee, or the child for whose benefit the support
order is issued; or
(2) Until all of the parties who are individuals have filed written consent
with the tribunal of this state for a tribunal of another state to modify the
order and assume continuing, exclusive jurisdiction Even if this state is not
the residence of the obligor, the individual obligee, or the child for whose
benefit the support order is issued, the parties consent in a record or in open
court that the tribunal of this state may continue to exercise jurisdiction to
modify its order.
B. A tribunal of this state issuing that has issued a child support order
consistent with the law of this state may not exercise its continuing, exclusive
jurisdiction to modify the order if: the order has been modified by a tribunal
of another state pursuant to this Chapter or a law substantially similar to
this Chapter.
(1) All of the parties who are individuals file consent in a record with the
tribunal of this state that a tribunal of another state that has jurisdiction
over at least one of the parties who is an individual or that is located in the
state of residence of the child may modify the order and assume continuing,
exclusive jurisdiction; or
(2) Its order is not the controlling order.
C. If a child support order of this state is modified by a tribunal of another
state pursuant to this Chapter or a law substantially similar to this Chapter, a
tribunal of this state loses its continuing, exclusive jurisdiction with regard
to prospective enforcement of the order issued in this state, and may only:
(1) Enforce the order that was modified as to amounts accruing before the
modification.
(2) Enforce nonmodifiable aspects of that order.
(3) Provide other appropriate relief for violations of that order which
occurred before the effective date of the modification. If a tribunal of
another state has issued a child support order pursuant to the Uniform
Interstate Family Support Act or a law substantially similar to that Act
which modifies a child support order of a tribunal of this state, tribunals
of this state shall recognize the continuing, exclusive jurisdiction of the
tribunal of the other state.
D. A tribunal of this state shall recognize the continuing, exclusive
jurisdiction of a tribunal of another state which has issued a child support
order pursuant to this Chapter or a law substantially similar to this Chapter.
A tribunal of this state that lacks continuing, exclusive jurisdiction to
modify a child support order may serve as an initiating tribunal to request
a tribunal of another state to modify a support order issued in that state.
E. A temporary support order issued ex parte or pending resolution of a
jurisdictional conflict does not create continuing, exclusive jurisdiction in
the issuing tribunal.
F. A tribunal of this state issuing a support order consistent with the laws
of this state has continuing, exclusive jurisdiction over a spousal support
order throughout the existence of the support obligation. A tribunal of this
state may not modify a spousal support order issued by a tribunal of another
state having continuing, exclusive jurisdiction over that order under the
laws of that state.
Art. 1302.6. Enforcement and modification of support order by tribunal
having continuing jurisdiction Continuing jurisdiction to enforce child
support order
A. A tribunal of this state that has issued a child support order consistent
with the law of this state may serve as an initiating tribunal to request a
tribunal of another state to enforce or modify a support order issued in that
state.:
(1) The order if the order is the controlling order and has not been modified
by a tribunal of another state that assumed jurisdiction pursuant to the
Uniform Interstate Family Support Act; or
(2) A money judgment for arrears of support and interest on the order
accrued before a determination that an order of a tribunal of another state
is the controlling order.
B. A tribunal of this state having continuing, exclusive jurisdiction over
a support order may act as a responding tribunal to enforce or modify the
order. If a party subject to the continuing, exclusive jurisdiction of the
tribunal no longer resides in the issuing state, in subsequent proceedings the
tribunal may apply Article 1303.16 (Special rules of evidence and procedure)
to receive evidence from another state and Article 1303.18 (Assistance with
discovery) to obtain discovery through a tribunal of another state.
C. A tribunal of this state which lacks continuing, exclusive jurisdiction
over a spousal support order may not serve as a responding tribunal to
modify a spousal support order of another state.
Subsection C. Reconciliation of Multiple Orders
Art. 1302.7. Recognition Determination of controlling child support order
A. If a proceeding is brought under this Chapter, and only one tribunal
has issued a child support order, the order of that tribunal controls and
must be so recognized.
B. If a proceeding is brought under this Chapter, and two or more child
support orders have been issued by tribunals of this state, or another
state, or a foreign country with regard to the same obligor and same child,
a tribunal of this state having personal jurisdiction over both the obligor
and individual obligee shall apply the following rules in determining which
order to recognize for purposes of continuing, exclusive jurisdiction and by
order shall determine which order controls and must be recognized:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction
under this Chapter, the order of that tribunal controls and must be so
recognized.
(2) If more than one of the tribunals would have continuing, exclusive
jurisdiction under this Chapter,:
(a) an An order issued by a tribunal in the current home state of the child
controls and must be so recognized, or
(b) but if If an order has not been issued in the current home state of the
child, the order most recently issued controls and must be so recognized.
(3) If none of the tribunals would have continuing, exclusive jurisdiction
under this Chapter, the tribunal of this state having jurisdiction over the
parties shall issue a child support order, which controls and must be so
recognized.
C. If two or more child support orders have been issued for the same
obligor and same child, and if the obligor or the individual obligee resides
in the state, a party may request a tribunal of this state to upon request
of a party who is an individual or that is a support enforcement agency, a
tribunal of this state having personal jurisdiction over both the obligor and
the obligee who is an individual shall determine which order controls and
must be so recognized under Paragraph B hereof. The request may be filed
with a registration for enforcement or registration for modification pursuant
to Section 6, or may be filed as a separate proceeding.
D. A request to determine which is the controlling order The request
must be accompanied by a certified copy of every child support order in
effect and the applicable record of payments. The requesting party shall
give notice of the request to each party whose rights may be affected by the
determination.
D.E. The tribunal that issued the controlling order under Paragraph A, B,
or C of this Article is the tribunal that has continuing, exclusive jurisdiction
in accordance with to the extent provided in Article 1302.5 (Continuing,
exclusive jurisdiction) or 1302.6.
E.F. A tribunal of this state that determines by order the identity of
the controlling order under Subparagraph B(1) or (2) or that issues a new
controlling order under Subparagraph B(3) shall state in that order the basis
upon which the tribunal made its determination. which is the controlling
order under Subparagraph (B)(1) or (2) or Paragraph C, or that issues a new
controlling order under Subparagraph (B)(3), shall state in that order:
(1) The basis upon which the tribunal made its determination;
(2) The amount of prospective support, if any; and
(3) The total amount of consolidated arrears and accrued interest, if any,
under all of the orders after all payments made are credited as provided by
Article 1302.9.
F.G. Within thirty days after issuance of an order determining the identity
of which is the controlling order, the party obtaining the order shall file a
certified copy of it with in each tribunal that issued or registered an earlier
order of child support. A party or support enforcement agency obtaining
who obtains the order and that fails to file a certified copy is subject to
appropriate sanctions by a tribunal in which the issue of failure to file
arises. The failure to file does not affect the validity or enforceability of the
controlling order.
H. An order that has been determined to be the controlling order, or a
judgment for consolidated arrears of support and interest, if any, made
pursuant to this Article must be recognized in proceedings under this
Chapter.
Art. 1302.8. Multiple child Child support orders for two or more obligees
In responding to multiple registrations or petitions for enforcement of two
or more child support orders in effect at the same time with regard to the
same obligor and different individual obligees, at least one of which was
issued by a tribunal of another state or a foreign country, a tribunal of this

THE ADVOCATE
PAGE 29
state shall enforce those orders in the same manner as if the multiple orders the responding state. If the responding state is a foreign jurisdiction,
the tribunal may specify the amount of support sought and provide other
had been issued by a tribunal of this state.
documents necessary to satisfy the requirements of the responding state. If
Art. 1302.9. Credit for payments
Amounts collected and credited for a particular period pursuant to a requested by the responding tribunal, a tribunal of this state shall issue a
support order issued by a tribunal of another state must be credited against certificate or other document and make findings required by the law of the
the amounts accruing or accrued for the same period under a support order responding state. If the responding tribunal is in a foreign country, upon
issued by the tribunal of this state.
request the tribunal of this state shall specify the amount of support sought,
A tribunal of this state shall credit amounts collected for a particular convert that amount into the equivalent amount in the foreign currency
period pursuant to any child support order against the amounts owed for under applicable official or market exchange rate as publicly reported, and
the same period under any other child support order for support of the same provide any other documents necessary to satisfy the requirements of the
child issued by a tribunal of this state, another state, or a foreign country.
responding foreign tribunal.
Art. 1302.10. Application of Chapter to nonresident subject to personal
Art. 1303.5. Duties and powers of responding tribunal
jurisdiction
A. When a responding tribunal of this state receives a petition or
A tribunal of this state exercising personal jurisdiction over a nonresident comparable pleading from an initiating tribunal or directly pursuant to
in a proceeding under this Chapter, under other law of this state relating to a Article 1303.1(C) (Proceeding under this Chapter) (B), it shall cause the
support order, or recognizing a foreign support order may receive evidence petition or pleading to be filed and notify the petitioner where and when it
from outside this state pursuant to Article 1303.16, communicate with a was filed.
B. A responding tribunal of this state, to the extent otherwise authorized
tribunal outside this state pursuant to Article 1303.17, and obtain discovery
through a tribunal outside this state pursuant to Article 1303.18. In all other by not prohibited by other law, may do one or more of the following:
(1) Issue Establish or enforce a support order, modify a child support
respects, Sections 3 through 6 do not apply, and the tribunal shall apply the
order, determine the controlling child support order, or render a judgment
procedural and substantive law of this state.
Art. 1302.11. Continuing exclusive jurisdiction to modify spousal support to determine parentage of a child.;
(2) Order an obligor to comply with a support order, specifying the amount
order
A. A tribunal of this state issuing a spousal support order consistent with and the manner of compliance.;
(3) Order income withholding.;
the law of this state has continuing, exclusive jurisdiction to modify the
(4) Determine the amount of any arrearages and specify a method of
spousal support order throughout the existence of the support obligation.
B. A tribunal of this state may not modify a spousal support order issued by payment.;
(5) Enforce orders by civil or criminal contempt, or both.;
a tribunal of another state or a foreign country having continuing, exclusive
(6) Set aside property for satisfaction of the support order.;
jurisdiction over that order under the law of that state or foreign country.
(7) Place liens and order execution on the obligors property.;
C. A tribunal of this state that has continuing, exclusive jurisdiction over
(8) Order an obligor to keep the tribunal informed of the obligors current
a spousal support order may serve as:
(1) An initiating tribunal to request a tribunal of another state to enforce residential address, electronic mail address, telephone number, employer,
address of employment, and telephone number at the place of employment.;
the spousal support order issued in this state; or
(9) Issue a bench warrant or an order of contempt or a bench warrant,
(2) A responding tribunal to enforce or modify its own spousal support
or both, for an obligor who has failed, after proper notice, to appear at a
order.
hearing ordered by the tribunal and enter the order of contempt and bench
Section 3. Civil Provisions of General Application
warrant in any local and state computer systems for criminal warrants.;
Art. 1303.1. Proceedings under Chapter
(10) Order the obligor to seek appropriate employment by specified
A. Except as otherwise provided by in this Chapter, this Section applies to
all proceedings under this Chapter.
methods.;
(11) Award reasonable attorney fees and other fees and costs.; and
B. This Chapter provides for the following proceedings:
(1) Establishment of an order for spousal support or child support pursuant
(12) Grant any other available remedy.
to Section 4 of this Chapter.
C. A responding tribunal of this state shall include in a support order
(2) Enforcement of a support order and income-withholding order of issued under this Chapter, or in the documents accompanying the order, the
another state without registration pursuant to Section 5 of this Chapter.
calculations on which the support order is based.
(3) Registration of an order for spousal support or child support of another
D. A responding tribunal of this state may not condition the payment of a
state for enforcement pursuant to Section 7 of this Chapter.
support order issued under this Chapter upon compliance by a party with
(4) Modification of an order for child support or spousal support issued by provisions for visitation.
a tribunal of this state pursuant to Subsection B of Section 2 of this Chapter.
E. If a responding tribunal of this state issues an order under this
(5) Registration of an order for child support for another state for Chapter, the tribunal shall send a copy of the order to the petitioner and the
modification pursuant to Section 6 of this Chapter.
respondent and to the initiating tribunal, if any.
(6) Determination of parentage pursuant to Section 7 of this Chapter.
F. If requested to enforce a support order, arrears, or judgment or modify a
(7) Assertion of jurisdiction over nonresidents pursuant to Subsection A support order stated in a foreign currency, a responding tribunal of this state
of Section 2 of this Chapter.
shall convert the amount stated in the foreign currency to the equivalent
C.B. An individual petitioner or a support enforcement agency may amount in dollars under the applicable official or market exchange rate as
commence initiatea proceeding authorized under this Chapter by filing a publicly reported.
petition in an initiating tribunal for forwarding to a responding tribunal or
Art. 1303.6. Inappropriate tribunal
by filing a petition or a comparable pleading directly in a tribunal of another
If a petition or comparable pleading is received by an inappropriate
state or foreign country which has or can obtain personal jurisdiction over tribunal of this state, it the tribunal shall forward the pleading and
accompanying documents to an appropriate tribunal in this state or another
the respondent.
state and notify the petitioner where and when the pleading was sent.
Art. 1303.2. Action Proceeding by minor parent
A minor parent, or a tutor guardian or other legal representative of a
Art. 1303.7. Duties of the support enforcement agency
minor parent, may maintain a proceeding on behalf of or for the benefit of
A. A support enforcement agency of this state, upon request, shall provide
services to a petitioner in a proceeding under this Chapter.In a proceeding
the minors child.
under this Chapter, a support enforcement agency of this state, upon request:
Art. 1303.3. Application of law of state
(1) Shall provide services to a petitioner residing in a state;
Except as otherwise provided by this Chapter, a responding tribunal of
(2) Shall provide services to a petitioner requesting services through a
this state shall:
(1) Apply the procedural and substantive law, including the rules on choice central authority of a foreign country as described in Article 1301.2(5)(a) or
of law, generally applicable to similar proceedings originating in this state (d); and
and may exercise all powers and provide all remedies available in those
(3) May provide services to a petitioner who is an individual not residing
proceedings.; and
in a state.
(2) Determine the duty of support and the amounts payable in accordance
B. A support enforcement agency that is providing services to the
with the law and support guidelines of this state.
petitioner, as appropriate, shall:
(1) Take all steps necessary to enable an appropriate tribunal in this
Art. 1303.4. Duties of initiating tribunal
A. Upon the filing of a petition authorized by this Chapter, an initiating state, or another state, or a foreign country to obtain jurisdiction over the
tribunal of this state shall forward three copies of the petition and its respondent.;
accompanying documents as follows:
(2) Request an appropriate tribunal to set a date, time, and place for a
(1) To the responding tribunal or appropriate support enforcement agency hearing.;
(3) Make a reasonable effort to obtain all relevant information, including
in the responding state.; or
(2) If the identity of the responding tribunal is unknown, to the state information as to income and property of the parties.;
(4) Within two days, exclusive of Saturdays, Sundays, and legal holidays,
information agency of the responding state with a request that the
documents they be forwarded to the appropriate tribunal and that receipt after receipt of a written notice in a record from an initiating, responding,
be acknowledged.
or registering tribunal, send a copy of the notice to the petitioner.;
(5) Within two days, exclusive of Saturdays, Sundays, and legal holidays,
B. If a responding state has not enacted this Chapter or a law or procedure
substantially similar to this Chapter, a tribunal of this state may issue a after receipt of a written communication in a record from the respondent
certificate or other document and make findings required by the law of
THE ADVOCATE
PAGE 30
or the respondents attorney, send a copy of the communication to the a tribunal shall order that the address of the child or party or other
identifying information not be disclosed in a pleading or other document
petitioner.; and
(6) Notify the petitioner if jurisdiction over the respondent cannot be filed in a proceeding under this Chapter. If a party alleges in an affidavit or
a pleading under oath that the health, safety, or liberty of a party or child
obtained.
C. A support enforcement agency of this state that requests registration of would be jeopardized by disclosure of specific identifying information, that
a child support order in this state for enforcement or for modification shall information shall be sealed and shall not be disclosed to the other party
or the public. After a hearing in which a tribunal takes into consideration
make reasonable efforts:
the health, safety, or liberty of the party or child, the tribunal may order
(1) To ensure that the order to be registered is the controlling order; or
(2) If two or more child support orders exist and the identity of the disclosure of information that the tribunal determines to be in the interest
controlling order has not been determined, to ensure that a request for such of justice.
Art. 1303.13. Costs and fees
a determination is made in a tribunal having jurisdiction to do so.
A. The petitioner may not be required to pay a filing fee or other costs.
D. A support enforcement agency of this state that requests registration
B. If an obligee prevails, a responding tribunal of this state may assess
and enforcement of a support order, arrears, or judgment stated in a foreign
currency shall convert the amounts stated in the foreign currency into against an obligor filing fees, reasonable attorney attorneys fees, other
the equivalent amounts in dollars under the applicable official or market costs, and necessary travel and other reasonable expenses incurred by the
obligee and the obligees witnesses. The tribunal may not assess fees, costs,
exchange rate as publicly reported.
E. A support enforcement agency of this state shall issue or request a or expenses against the obligee or the support enforcement agency of either
tribunal of this state to issue a child support order and an incomewithholding the initiating or the responding state or foreign country, except as provided
order that redirect payment of current support, arrears, and interest by other law. Attorney Attorneys fees may be taxed as costs and may be
if requested to do so by a support enforcement agency of another state ordered paid directly to the attorney, who may enforce the order in the
attorneys own name. Payment of support owed to the obligee has priority
pursuant to Article 1303.19.
C.F. This Chapter does not create or negate a relationship of attorney over fees, costs, and expenses.
and client or other fiduciary relationship between a support enforcement
C. The tribunal shall order the payment of costs and reasonable attorney
agency or the attorney for the agency and the individual being assisted by attorneys fees if it determines that a hearing was requested primarily for
delay. In a proceeding under Section 6 of this Chapter (Enforcement and
the agency.
modification of support order after registration), a hearing is presumed to
Art. 1303.8. Duty of attorney general
A. If the attorney general determines that the support enforcement agency have been requested primarily for delay if a registered support order is
is neglecting or refusing to provide services to an individual, the attorney confirmed or enforced without change.
Art. 1303.14. Limited immunity of petitioner
general may order the agency to perform its duties under this Chapter or
A. Participation by a petitioner in a proceeding under this Chapter before
may provide those services directly to the individual.
B. The attorney general may determine that a foreign country has a responding tribunal, whether in person, by private attorney, or through
established a reciprocal arrangement for child support with this state and services provided by the support enforcement agency, does not confer
personal jurisdiction over the petitioner in another proceeding.
take appropriate action for notification of the determination.
B. A petitioner is not amenable to services serviceof civil process while
Art. 1303.9. Private counsel
An individual may employ private counsel to represent the individual in physically present in this state to participate in a proceeding under this
Chapter.
proceedings authorized by this Chapter.
C. The immunity granted by this Article does not extend to civil litigation
Art. 1303.10. Duties of the Department of Children and Family Services;
based on acts unrelated to a proceeding under this Chapter committed by a
state information agency
A. The department Department of Children and Family Services is the party while physically present in this state to participate in the proceeding.
state information agency under this Chapter.
Art. 1303.15. Nonparentage as defense
B. The state information agency shall:
A party whose parentage of a child has been previously determined by or
(1) Compile and maintain a current list, including addresses, of the pursuant to law may not plead nonparentage as a defense to a proceeding
tribunals in this state that have jurisdiction under this Chapter and any under this Chapter.
support enforcement agencies in this state and transmit a copy to the state
Art. 1303.16. Special rules of evidence and procedures procedure
A. The physical presence of the petitioner in a responding a nonresident
information agency of every other state.;
(2) Maintain a register of names and addresses oftribunals and support party who is an individual in a tribunal of this state is not required for
enforcement agencies received from other states.;
the establishment, enforcement, or modification of a support order or the
(3) Forward to the appropriate tribunal in the place in this state in which rendition of a judgment determining parentage of a child.
the obligee who is an individual obligee or the obligor resides, or where
B. A verified petition, Anaffidavit, document substantially complying with
in which the obligors property is believed to be located, all documents federally mandated forms, and or a document incorporated by reference in
concerning a proceeding under this Chapter received from an initiating any of them, which wouldnot be excluded under the hearsay rule if given in
tribunal or the state information agency of the initiating state. another state person, is admissible in evidence if given under oath penalty of perjury by a
or a foreign country; and
party or witness residing in another outside thisstate.
C. A copy of the record of child support payments certified as a true copy of
(4) Obtain information concerning the location of the obligor and the
obligors property within this state not exempt from execution, by such means the original by the custodian of the record may be forwarded to a responding
as postal verification and federal or state locator services, examination of tribunal. The copy is evidence of facts asserted in it and is admissible to
telephone directories, requests for the obligors address from employers, show whether payments were made.
D. Copies of bills for testing for parentage and for prenatal and postnatal
and examination of governmental records, including, to the extent not
prohibited by other law, those relating to real property, vital statistics, law health care of the mother and child, furnished to the adverse party at least
enforcement, taxation, motor vehicles, drivers licenses, and social security. ten days before trial, are admissible in evidence to prove the amount of
the charges billed and that the charges were reasonable, necessary, and
Art. 1303.11. Pleadings and accompanying documents
A. A petitioner seeking to establish or modify a support order or to customary.
determine parentage in a proceeding under this Chapter must verify the
E. Documentary evidence transmitted from another outside thisstate to
petition. In a proceeding under this Chapter, a petitioner seeking to establish a tribunal of this state by telephone, telecopier, or other electronicmeans
a support order, to determine parentage of a child, or to register and modify that do not provide an original writing record may not be excluded from
a support order of a tribunal of another state or a foreign country must file evidence on an objection based on the means of transmission.
F. In a proceeding under this Chapter, a tribunal of this state may shall
a petition. Unless otherwise ordered under Article 1303.12 (Nondisclosure
of information in exceptional circumstances), the petition or accompanying permit a party or witness residing in another outside this state to be
documents must provide, so far as known, the name, residential address, deposed or to testify under penalty of perjury by telephone, audiovisual
and social security numbers of the obligor and the obligee or the parent means, or other electronic means at a designated tribunal or other location
and alleged parent, and the name, sex, residential address, social security in that state. A tribunal of this state shall cooperate with othertribunals
number, and the date of birth of each child for whom whose benefit support of other states in designating an appropriate location for the deposition or
is sought or whose parentage is to be determined. The Unless filed at the testimony.
time of registration, the petition must be accompanied by a certified copy of
G. If a party called to testify at a civil hearing refuses to answer on the
any support order in effect known to have been issued by another tribunal. ground that the testimony may be self-incriminating, the trier of fact may
The petition may include any other information that may assist in locating draw an adverse inference from the refusal.
or identifying the respondent.
H. A privilege against disclosure of communications between spouses
B. The petition must specify the relief sought. The petition and does not apply in a proceeding under this Chapter.
accompanying documents must conform substantially with the requirements
I. The defense of immunity based on the relationship of husband and wife
imposed by the forms mandated by federal law for use in cases filed by a or parent and child does not apply in a proceeding under this Chapter.
support enforcement agency.
J. A voluntary acknowledgment of paternity, certified as a true copy, is
Art. 1303.12. Nondisclosure of information in exceptional circumstances
admissible to establish parentage of the child.
Upon a finding, which may be made ex parte, that the health, safety,
Art. 1303.17. Communications between tribunals
or liberty of a party or child would be unreasonably put at risk by the
A tribunal of this state may communicate with a tribunal of another
disclosure of identifying information, or if an existing order so provides, outside this state in writing, a record or by telephone, electronic mail, or
THE ADVOCATE
PAGE 31
other means, to obtain information concerning the laws of that state, the
C. Except as otherwise provided in Paragraph D of this Article hereof
legal effect of a judgment, decree, or order of that tribunal, and the status of and Article 1305.3, the employer shall withhold and distribute the funds as
a proceeding in the other state. A tribunal of this state may furnish similar directed in the withholding order by complying with the terms of the order,
information by similar means to a tribunal of another outside this state.
which specifies all of the following specify:
Art. 1303.18. Assistance with discovery
(1) The duration and the amount of periodic payments of current child
support, stated as a sum certain.;
A tribunal of this state may do all of the following:
(1) Request a tribunal of another outside this state to assist in obtaining
(2) The person or agency designated to receive payments and the address
discovery.; and
to which the payments are to be forwarded.;
(2) On Upon request, compel a person over whom it has jurisdiction to
(3) Medical support, whether in the form of periodic cash payment, stated as
respond to a discovery order issued by a tribunal of another outside a sum certain, or ordering the obligor to provide health insurance coverage
thisstate.
for the child under a policy available through the obligors employment.;
(4) The amount of periodic payments of fees and costs for a support
Art. 1303.19. Receipt and disbursement of payments
A. A support enforcement agency or tribunal of this state shall disburse enforcement agency, the issuing tribunal, and the obligees attorney, stated
promptly any amounts received pursuant to a support order, as directed by as sums certain.; and
(5) The amount of periodic payments of arrearages and interest on
the order. The agency or tribunal shall furnish to a requesting party or
tribunal of another state or a foreign country a certified statement by the arrearages, stated as sums certain.
D. An employer shall comply with the law of the state of the obligors
custodian of the record of the amounts and dates of all payments received.
B. If neither the obligor, nor the obligee who is an individual, nor the child principal place of employment for withholding from income with respect to
resides in this state, upon request from the support enforcement agency of all of the following:
(1) The employers fee for processing an income-withholding order.;
this state or another state, the support enforcement agency of this state or a
(2) The maximum amount permitted to be withheld from the obligors
tribunal of this state shall:
(1) Direct that the support payment be made to the support enforcement income.; and
(3) The times within which the employer must implement the withholding
agency in the state in which the obligee is receiving services; and
(2)
Issue and send to the obligors employer a conforming order and forward the child support payment.
Art. 1305.3. Compliance Employers compliance with multiple two or
incomewithholding order or an administrative notice of change of payee,
moreincome-withholding orders
reflecting the redirected payments.
If the obligors employer receives multiple two or moreincome-withholding
C. The support enforcement agency of this state receiving redirected
payments from another state pursuant to a law similar to Paragraph B of orders with respect to the earnings of the same obligor, the employer
this Article shall furnish to a requesting party or tribunal of the other state satisfies the terms of the multiple orders if the employer complies with the
a certified statement by the custodian of the record of the amount and dates law of the state of the obligors principal place of employment to establish
the priorities for withholding and allocating income withheld for multiple
of all payments received.
Section 4. Establishment of Support Order or Determination of Parentage two or more child support obligees.
Art. 1305.4. Immunity from civil liability
Art. 1304.1. Petition to establish Establishment of support order
A. If a support order entitled to recognition under this Chapter has not
An employer who that complies with an income-withholding order issued
been issued, a responding tribunal of this state with personal jurisdiction in another state in accordance with this Section is not subject to civil liability
to any an individual or agency with regard to the employers withholding of
over the partiesmay issue a support order if either:
(1) The individual seeking the order resides in another outside thisstate.; child support from the obligors income.
or
Art. 1305.5. Penalties for noncompliance
(2) The support enforcement agency seeking the order is located in another
An employer who thatwillfully fails to comply with an income-withholding
outside thisstate.
order issued by in another state and received for enforcement is subject to
B. The tribunal may issue a temporary child support order in the event of the same penalties that may be imposed for noncompliance with an order
any of the following:
issued by a tribunal of this state.
(1) The respondent has signed a verified statement acknowledging
Art. 1305.6. Contest by obligor
parentage.
A. An obligor may contest the validity or enforcement of an income(2) The respondent has been determined by or pursuant to law to be the withholding order issued in another state and received directly by an
parent.
employer in this state by registering the order in a tribunal of this state and
(3) There is other clear and convincing evidence that the respondent is the filing a contest to that order as provided in Section 6, or otherwise contesting
childs parent.
the order in the same manner as if the order had been issued by a tribunal of
The tribunal may issue a temporary child support order if the tribunal this state. Article 1306.4 (Choice of law) applies to the contest.
B. The obligor shall give notice of the contest to all of the following:
determines that such an order is appropriate and the individual ordered to
(1) A support enforcement agency providing services to the obligee.;
pay is:
(2) Each employer that has directly received an income-withholding order.
(1) A presumed father of the child;
relating to the obligor; and
(2) Petitioning to have his paternity adjudicated;
(3) The person or agency designated to receive payments in the income(3) Identified as the father of the child through genetic testing;
withholding order or, if no person or agency is designated, to the obligee.
(4) An alleged father who has declined to submit to genetic testing;
Art. 1305.7. Administrative enforcement of orders
(5) Shown by clear and convincing evidence to be the father of the child;
A. A party or support enforcement agency seeking to enforce a support
(6) An acknowledged father as provided by applicable state law;
order or an income-withholding order, or both, issued by a tribunal of in
(7) The mother of the child; or
(8) An individual who has been ordered to pay child support in a previous another state or a foreign support ordermay send the documents required
for registering the order to a support enforcement agency of this state.
proceeding and the order has not been reversed or vacated.
B. Upon receipt of the documents, the support enforcement agency, without
C. Upon finding, after notice and opportunity to be heard, that an obligor
owes a duty of support, the tribunal shall issue a support order directed to initially seeking to register the order, shall consider and, if appropriate, use
the obligor and may issue other orders pursuant to Article 1303.5 (Duties any administrative procedure authorized by the law of this state to enforce
and powers of responding tribunal).
a support order or an income-withholding order, or both. If the obligor does
Art. 1304.2. Proceeding to Determine Parentage
not contest administrative enforcement, the order need not be registered. If
A tribunal of this state authorized to determine parentage of a child may the obligor contests the validity or administrative enforcement of the order,
serve as a responding tribunal in a proceeding to determine parentage of a the support enforcement agency shall register the order pursuant to this
child brought under this Chapter or a law or procedure substantially similar Chapter.
to this Chapter.
Section 6. Registration, Enforcement, and Modification of
Section 5. Enforcement of Support Order
Support Order After Registration
Subsection A. Registration and for Enforcement
of Another State Without Registration
Art. 1305.1. Employers receipt of income-withholding order of another
of Support Order
state
Art. 1306.1. Registration of order for enforcement
An income-withholding order issued in another state may be sent by or on
A support order or an income-withholding order issued by a tribunal of
behalf of the obligee, or by the support enforcement agency, to the person another state in another state or a foreign support order may be registered
or entity defined as the obligors employer under the income withholding in this state for enforcement.
law of this state without first filing a petition or comparable pleading or
Art. 1306.2. Procedure to register order for enforcement
registering the order with a tribunal of this state.
A. Except as otherwise provided in Article 1307.6, a A support order or
Art. 1305.2. Employers compliance with income-withholding order of income-withholding order of another state or a foreign support order may be
another state
registered in this state by sending the following documents and information
A. Upon receipt of an income-withholding order, the obligors employer records to the appropriate tribunal in this state:
(1) A letter of transmittal to the tribunal requesting registration and
shall immediately provide a copy of the order to the obligor.
B. The employer shall treat an income-withholding order issued in another enforcement.;
(2) Two copies, including one certified copy, of all orders the order to be
state which appears regular on its face as if it had been issued by a tribunal
registered, including any modification of an the order.;
of this state.
THE ADVOCATE
PAGE 32
(3) A sworn statement by the party seeking person requesting registration

or a certified statement by the custodian of the records showing the amount
of any arrearage.;
(4) The name of the obligor and, if known:
(a) The obligors address and social security number.;
(b) The name and address of the obligors employer and any other source
of income of the obligor.; and
(c) A description and the location of property of the obligor in this state
not exempt from execution.; and
(5) Except as otherwise provided in Article 1303.12, the The name and
address of the obligee and, if applicable, the agency or person to whom
support payments are to be remitted.
B. On receipt of a request for registration, the registering tribunal shall
cause the order to be filed as a foreign judgment an order of a tribunal
of another state or a foreign support order, together with one copy of the
documents and information, regardless of their form.
C. A petition or comparable pleading seeking a remedy that must be
affirmatively sought under other law of this state may be filed at the same
time as the request for registration or later. The pleading must specify the
grounds for the remedy sought.
D. If two or more orders are in effect, the person requesting registration
shall:
(1) Furnish to the tribunal a copy of every support order asserted to be in
effect in addition to the documents specified in this Section;
(2) Specify the order alleged to be the controlling order, if any; and
(3) Specify the amount of consolidated arrears, if any.
E. A request for a determination of which is the controlling order may
be filed separately or with a request for registration and enforcement or
for registration and modification. The person requesting registration shall
give notice of the request to each party whose rights may be affected by the
determination.
Art. 1306.3. Effect of registration for enforcement
A. A support order or income-withholding order issued in another state or
a foreign support order is registered when the order is filed in the registering
tribunal of this state.
B. A registered support order issued in another state or a foreign country
is enforceable in the same manner and is subject to the same procedures as
an order issued by a tribunal of this state.
C. Except as otherwise provided in this Section Chapter, a tribunal of this
state shall recognize and enforce, but may not modify, a registered support
order if the issuing tribunal had jurisdiction.
Art. 1306.4. Choice of law
A. Except as otherwise provided in Paragraph D, the The law of the issuing
state or foreign country governs:
(1) The the nature, extent, amount, and duration of current payments and
other obligations of support and the payment of arrearages under the order
under a registered support order;
(2) The computation and payment of arrearages and accrual of interest on
the arrearages under the support order; and
(3) The existence and satisfaction of other obligations under the support
order.
B. In a proceeding for arrearages arrears under a registered support
order, the prescriptive period under the laws statute of limitation of this
state or of the issuing state or foreign country, whichever is longer, applies.
C. A responding tribunal of this state shall apply the procedures and
remedies of this state to enforce current support and collect arrears
and interest due on a support order of another state or a foreign country
registered in this state.
D. After a tribunal of this state or another state determines which is the
controlling order and issues an order consolidating arrears, if any, a tribunal
of this state shall prospectively apply the law of the state or foreign country
issuing the controlling order, including its law on interest on arrears, on
current and future support, and on consolidated arrears.
Subsection B. Contest of Validity or Enforcement
Art. 1306.5. Notice of registration of order
A. When a support order or income-withholding order issued in another
state or a foreign support order is registered, the registering tribunal of this
state shall notify the nonregistering party. The notice must be accompanied
by a copy of the registered order and the documents and relevant information
accompanying the order.
B. The notice must inform the nonregistering party of all of the following:
(1) That a registered support order is enforceable as of the date of
registration in the same manner as an order issued by a tribunal of this
state.;
(2) That a hearing to contest the validity or enforcement of the registered
order must be requested within twenty days after notice unless the
registered order is under Article 1307.7;
(3) That failure to contest the validity or enforcement of the registered order
in a timely manner will result in confirmation of the order and enforcement
of the order and the alleged arrearages and precludes further contest of
that order with respect to any matter that could have been asserted.; and
(4) Of the amount of any alleged arrearages.
C. If the registering party asserts that two or more orders are in effect, a
notice must also:
(1) Identify the two or more orders and the order alleged by the registering
party to be the controlling order and the consolidated arrears, if any;
(2) Notify the nonregistering party of the right to a determination of which
is the controlling order;
(3) State that the procedures provided in Paragraph B apply to the
determination of which is the controlling order; and
(4) State that failure to contest the validity or enforcement of the order
alleged to be the controlling order in a timely manner may result in
confirmation that the order is the controlling order.
D. Upon registration of an income-withholding order for enforcement,
the support enforcement agency or the registering tribunal shall notify
the obligors employer pursuant to the income-withholding laws law of this
state.
Art. 1306.6. Procedure to contest validity or enforcement of registered
support order
A. A nonregistering party seeking to contest the validity or enforcement of
a registered support order in this state shall request a hearing within twenty
days after notice of the registration the time required by Article 1306.5.
The nonregistering party may seek to vacate the registration, to assert any
defense to an allegation of noncompliance with the registered order, or to
contest the remedies being sought or the amount of any alleged arrearages
pursuant to Article 1306.7 (Contest of registration or enforcement).
B. If the nonregistering party fails to contest the validity or enforcement
of the registered support order in a timely manner, the order is confirmed
by operation of law.
C. If a nonregistering party requests a hearing to contest the validity or
enforcement of the registered support order, the registering tribunal shall
schedule the matter for hearing and give notice to the parties of the date,
time, and place of the hearing.
Art. 1306.7. Contest of registration or enforcement
A. A party contesting the validity or enforcement of a registered support
order or seeking to vacate the registration has the burden of proving one or
more of the following defenses:
(1) The issuing tribunal lacked personal jurisdiction over the contesting
party.
(2) The order was obtained by fraud.
(3) The order has been vacated, suspended, or modified by a later order.
(4) The issuing tribunal has stayed the order pending appeal.
(5) There is a defense under the law of this state to the remedy sought.
(6) Full or partial payment has been made.
(7) The prescriptive period statute of limitation under Article 1306.4
(Choice of law) precludes enforcement of some or all of the arrearages.
(8) The alleged controlling order is not the controlling order.
B. If a party presents evidence establishing a full or partial defense
under Paragraph A of this Article, a tribunal may stay enforcement of the
a registered support order, continue the proceeding to permit production
of additional relevant evidence, and issue other appropriate orders. An
uncontested portion of the registered order may be enforced by all remedies
available under the laws law of this state.
C. If the contesting party does not establish a defense under Paragraph
A of this Article to the validity or enforcement of the a registered support
order, the registering tribunal shall issue an order confirming the order.
Art. 1306.8. Confirmed order
Confirmation of a registered support order, whether by operation of law or
after notice and hearing, precludes further contest of the order with respect
to any matter that could have been asserted at the time of registration.
Subsection C. Registration and Modification of
Child Support Order Of Another State
Art. 1306.9. Procedure to register child support order of another state for
modification
A party or support enforcement agency seeking to modify, or to modify
and enforce, a child support order issued in another state shall register
that order in this state in the same manner provided in Subsection A of this
Section Articles 1306.1 through 1306.8 if the order has not been registered.
A petition for modification may be filed at the same time as a request for
registration, or later. The pleading must specify the grounds for modification.
Art. 1306.10. Effect of registration for modification
A tribunal of this state may enforce a child support order of another state
registered for purposes of modification, in the same manner as if the order
had been issued by a tribunal of this state, but the registered order may be
modified only if the requirements of Article 1306.11 (Modification of child
support order of another state) or 1306.13 have been met.
Art. 1306.11. Modification of child support order of another state
A. After a child support order issued in another state has been registered
in this state, the responding tribunal of this state may modify that order
only if Article 1306.13 (Jurisdiction to modify child support order of another
state when individual parties reside in this state) does not apply and, after
notice and hearing, it finds that either If Article 1306.13 does not apply, upon
petition a tribunal of this state may modify a child support order issued in
another state which is registered in this state if, after notice and hearing,
the tribunal finds that:
(1) All of the The following requirements are met:
(a) Neither the The child, nor the individual obligee who is an individual,
and nor the obligor do not reside resides in the issuing state.
(b) A petitioner who is a nonresident of this state seeks modification.; and
*
As
it
appears
in
the
enrolled
bill
THE ADVOCATE
PAGE 33
(c) The respondent is subject to the personal jurisdiction of the tribunal support order otherwise required of the individual pursuant to Article
of this state.; or
1306.11 has been given or whether the individual seeking modification is a
(2) The child or a party who is an individual is subject to the personal resident of this state or of the foreign country.
jurisdiction of the tribunal of this state and all of the parties who are
B. An order issued by a tribunal of this state modifying a foreign child
individuals have filed a written consent in the issuing tribunal for a support order pursuant to this section is the controlling order.
tribunal of this state to modify the support order and assume continuing,
Art. 1306.16. Procedure to register child support order of a foreign country
exclusive jurisdiction over the order. However, if the issuing state is a for modification
foreign jurisdiction that has not enacted a law or established procedures
A party or support enforcement agency seeking to modify, or to modify
substantially similar to the procedures under this Chapter, the consent and enforce, a foreign child support order not under the Convention may
otherwise required of an individual residing in this state is not required register that order in this state under Articles 1306.1 through 1306.8 if the
for the tribunal to assume jurisdiction to modify the child support order. order has not been registered. A petition for modification may be filed at the
This state is the residence of the child, or a party who is an individual is same time as a request for registration, or at another time. The petition must
subject to the personal jurisdiction of the tribunal of this state, and all of specify the grounds for modification.
the parties who are individuals have filed consents in a record in the issuing
Section 7. Determination of Parentage Support Proceedings Under
tribunal for a tribunal of this state to modify the support order and assume Convention
Art. 1307.1. Proceeding to determine parentage Definitions
continuing, exclusive jurisdiction.
A. A tribunal of this state may serve as an initiating or responding
B. Modification of a registered child support order is subject to the same
requirements, procedures, and defenses that apply to the modification of an tribunal in a proceeding brought under this Chapter or a law or procedure
order issued by a tribunal of this state and the order may be enforced and substantially similar to this Chapter, the Uniform Reciprocal Enforcement
of Support Act, or the Revised Uniform Reciprocal Enforcement of Support
satisfied in the same manner.
C. A tribunal of this state may not modify any aspect of a child support Act to determine that the petitioner is a parent of a particular child or to
order that may not be modified under the law of the issuing state., including determine that a respondent is a parent of that child.
B. In a proceeding to determine parentage, a responding tribunal of this
the duration of the obligation of support. If two or more tribunals have issued
child support orders for the same obligor and same child, the order that state shall apply the procedural and substantive law of this state and the
controls and must be so recognized under the provisions of Article 1302.7 rules of this state on choice of law.
In this Section:
(Recognition of controlling child support order) establishes the aspects of
the support order that which are nonmodifiable.
(1) Application means a request under the Convention by an obligee
D. In a proceeding to modify a child support order, the law of the state or obligor, or on behalf of a child, made through a central authority for
that is determined to have issued the controlling order governs the duration assistance from another central authority.
of the obligation of support. The obligors fulfillment of the duty of support
(2) Central authority means the entity designated by the United States or
established by that order precludes imposition of a further obligation of a foreign country described in Article 1301.2(5)(d) to perform the functions
support by a tribunal of this state.
specified in the Convention.
D.E. On issuance of an order by a tribunal of this state modifying a child
(3) Convention support order means a support order of a tribunal of a
support order issued in another state, a the tribunal of this state becomes foreign country described in Article 1301.2(5)(d).
the tribunal having continuing, exclusive jurisdiction.
(4) Direct request means a petition filed by an individual in a tribunal
F. Notwithstanding Paragraphs A through E of this Article and Article of this state in a proceeding involving an obligee, obligor, or child residing
1302.1(B), a tribunal of this state retains jurisdiction to modify an order outside the United States.
issued by a tribunal of this state if:
(5) Foreign central authority means the entity designated by a foreign
(1) One party resides in another state; and
country described in Article 1301.2(5)(d) to perform the functions specified
(2) The other party resides outside the United States.
in the Convention.
Art. 1306.12. Recognition of order modified in another state
(6) Foreign support agreement:
A tribunal of this state shall recognize a modification of its earlier child
(a) Means an agreement for support in a record that:
support order by a tribunal of another state, which assumed jurisdiction
(i) Is enforceable as a support order in the country of origin;
pursuant to this Chapter or a law substantially similar to this Chapter, and,
(ii) Has been:
upon request, except as otherwise provided in this Chapter, shall do all of
(aa) Formally drawn up or registered as an authentic instrument by a
the following: If a child support order issued by a tribunal of this state is foreign tribunal; or
modified by a tribunal of another state which assumed jurisdiction pursuant
(bb) Authenticated by, or concluded, registered, or filed with a foreign
to the Uniform Interstate Family Support Act, a tribunal of this state:
tribunal; and
(1) Enforce the order that was modified only as to amounts accruing before
(iii) May be reviewed and modified by a foreign tribunal; and
the modification. May enforce its order that was modified only as to arrears
(b) Includes a maintenance arrangement or authentic instrument under
and interest accruing before the modification;
the Convention.
(2) Enforce only nonmodifiable aspects of that order.
(7) United States central authority means the Secretary of the United
(3) Provide other May provide appropriate relief only for violations of that States Department of Health and Human Services.
its order that which occurred before the effective date of the modification;
Art. 1307.2. Applicability
and
This Section applies only to a support proceeding under the Convention. In
(4)(3) Recognize Shall recognize the modifying order of the other state, such a proceeding, if a provision of this Section is inconsistent with Sections
upon registration, for the purpose of enforcement.
1 through 6, this Section controls.
Art. 1306.13. Jurisdiction to modify child support order of another state
Art. 1307.3. Relationship of the Department of Children and Family
when individual parties reside in this state
Services to United States central authority
A. If all of the parties who are individuals reside in this state and the child
The Department of Children and Family Services of this state is recognized
does not reside in the issuing state, a tribunal of this state has jurisdiction to as the agency designated by the United States central authority to perform
enforce and to modify the issuing states child support order in a proceeding specific functions under the Convention.
to register that order.
Art. 1307.4. Initiation by the Department of Children and Family Services
B. A tribunal of this state exercising jurisdiction as provided in under this of support proceeding under convention
Article shall apply the provisions of Sections 1 and 2, this Section, of this
A. In a support proceeding under this Section, the Department of Children
Chapter, this Article, and the procedural and substantive laws of this state and Family Services, of this state shall:
to the proceeding for enforcement or modification. Sections 3, 4, 5, 7, and 8
(1) Transmit and receive applications; and
of this Chapter do not apply.
(2) Initiate or facilitate the institution of a proceeding regarding an
Art. 1306.14. Notice to issuing tribunal of modification
application in a tribunal of this state.
Within thirty days after issuance of a modified child support order, the
B. The following support proceedings are available to an obligee under
party obtaining the modification shall file a certified copy of the order with the Convention:
the issuing tribunal that had continuing, exclusive jurisdiction over the
(1) Recognition or recognition and enforcement of a foreign support order;
earlier order, and in each tribunal in which the party knows the earlier
(2) Enforcement of a support order issued or recognized in this state;
order has been registered. A party who obtains the order and fails to file a
(3) Establishment of a support order if there is no existing order, including,
certified copy is subject to appropriate sanctions by a tribunal in which the if necessary, determination of parentage of a child;
issue of failure to file arises. The failure to file does not affect the validity or
(4) Establishment of a support order if recognition of a foreign support
enforceability of the modified order of the new tribunal having continuing, order is refused under Article 1307.8(B)(2), (4), or (9);
exclusive jurisdiction.
(5) Modification of a support order of a tribunal of this state; and
Subsection D. Registration and modification of foreign child support order
(6) Modification of a support order of a tribunal of another state or a
Art. 1306.15. Jurisdiction to modify child support order of foreign country foreign country.
A. Except as otherwise provided in Article 1307.11, if a foreign country
C. The following support proceedings are available under the Convention
lacks or refuses to exercise jurisdiction to modify its child support order to an obligor against which there is an existing support order:
pursuant to its laws, a tribunal of this state may assume jurisdiction to modify
(1) Recognition of an order suspending or limiting enforcement of an
the child support order and bind all individuals subject to the personal existing support order of a tribunal of this state;
jurisdiction of the tribunal whether the consent to modification of a child
(2) Modification of a support order of a tribunal of this state; and
*
As
it
appears
in
the
enrolled
bill
THE ADVOCATE
PAGE 34
(3) Modification of a support order of a tribunal of another state or a

foreign country.
D. A tribunal of this state may not require security, bond, or deposit,
however described, to guarantee the payment of costs and expenses in
proceedings under the Convention.
Art. 1307.5. Direct request
A. A petitioner may file a direct request seeking establishment or
modification of a support order or determination of parentage of a child. In
the proceeding, the law of this state applies.
B. A petitioner may file a direct request seeking recognition and
enforcement of a support order or support agreement. In the proceeding,
Articles 1307.6 through 1307.13 apply.
C. In a direct request for recognition and enforcement of a Convention
support order or foreign support agreement:
(1) A security, bond, or deposit is not required to guarantee the payment
of costs and expenses; and
(2) An obligee or obligor that in the issuing country has benefitted from
free legal assistance is entitled to benefit, at least to the same extent, from
any free legal assistance provided for by the law of this state under the same
circumstances.
D. A petitioner filing a direct request is not entitled to assistance from the
Department of Children and Family Services.
E. This Section does not prevent the application of laws of this state that
provide simplified, more expeditious rules regarding a direct request for
recognition and enforcement of a foreign support order or foreign support
agreement.
Art. 1307.6. Registration of convention support order
A. Except as otherwise provided in this Section, a party who is an
individual or a support enforcement agency seeking recognition of a
Convention support order shall register the order in this state as provided
in Section 6.
B.
Notwithstanding Articles 1303.11 and 1306.2(A), a request for
registration of a Convention support order must be accompanied by:
(1) A complete text of the support order or an abstract or an extract of the
support order drawn up by the issuing foreign tribunal, which may be in the
form recommended by The Hague Conference on Private International Law;
(2) A record stating that the support order is enforceable in the issuing
country;
(3) If the respondent did not appear and was not represented in the
proceedings in the issuing country, a record attesting, as appropriate,
either that the respondent had proper notice of the proceedings and an
opportunity to be heard or that the respondent had proper notice of the
support order and an opportunity to be heard in a challenge or appeal on
fact or law before a tribunal;
(4) A record showing the amount of arrears, if any, and the date the amount
was calculated;
(5) A record showing a requirement for automatic adjustment of the amount
of support, if any, and the information necessary to make the appropriate
calculations; and
(6) If necessary, a record showing the extent to which the applicant
received free legal assistance in the issuing country.
C. A request for registration of a Convention support order may seek
recognition and partial enforcement of the order.
D. A tribunal of this state may vacate the registration of a Convention
support order without the filing of a contest under Article 1307.7 only if,
acting on its own motion, the tribunal finds that recognition and enforcement
of the order would be manifestly incompatible with public policy.
E. The tribunal shall promptly notify the parties of the registration or the
order vacating the registration of a Convention support order.
Art. 1307.7. Contest of registered convention support order
A. Except as otherwise provided in this Section, Articles 1306.5 through
1306.8 apply to a contest of a registered Convention support order.
B. A party contesting a registered Convention support order shall file a
contest not later than thirty days after notice of the registration, but if the
contesting party does not reside in the United States, the contest shall be
filed not later than sixty days after notice of the registration.
C. If the nonregistering party fails to contest the registered Convention
support order by the time specified in Paragraph B of this Article, the order
is enforceable.
D. A contest of a registered Convention support order may be based only
on grounds set forth in Article 1307.8. The contesting party bears the burden
of proof.
E. In a contest of a registered Convention support order, a tribunal of this
state:
(1) Is bound by the findings of fact on which the foreign tribunal based its
jurisdiction; and
(2) May not review the merits of the order.
F. A tribunal of this state deciding a contest of a registered Convention
support order shall promptly notify the parties of its decision.
G. A challenge or appeal, if any, does not stay the enforcement of a
Convention support order unless there are exceptional circumstances.
Art. 1307.8. Recognition and enforcement of registered convention support
order
A. Except as otherwise provided in Paragraph B of this Article, a tribunal

of this state shall recognize and enforce a registered Convention support
order.
B. The following grounds are the only grounds on which a tribunal of this
state may refuse recognition and enforcement of a registered Convention
support order:
(1) Recognition and enforcement of the order is manifestly incompatible
with public policy, including the failure of the issuing tribunal to observe
minimum standards of due process, which include notice and an opportunity
to be heard;
(2) The issuing tribunal lacked personal jurisdiction consistent with
Article 1302.1;
(3) The order is not enforceable in the issuing country;
(4) The order was obtained by fraud in connection with a matter of
procedure;
(5)
A record transmitted in accordance with Article 1307.6 lacks
authenticity or integrity;
(6) A proceeding between the same parties and having the same purpose
is pending before a tribunal of this state and that proceeding was the first
to be filed;
(7) The order is incompatible with a more recent support order involving
the same parties and having the same purpose if the more recent support
order is entitled to recognition and enforcement under this Chapter in this
state;
(8) Payment, to the extent alleged arrears have been paid in whole or in
part;
(9) In a case in which the respondent neither appeared nor was represented
in the proceeding in the issuing foreign country:
(a) If the law of that country provides for prior notice of proceedings, the
respondent did not have proper notice of the proceedings and an opportunity
to be heard; or
(b) If the law of that country does not provide for prior notice of the
proceedings, the respondent did not have proper notice of the order and
an opportunity to be heard in a challenge or appeal on fact or law before a
tribunal; or
(10) The order was made in violation of Article 1307.11.
C. If a tribunal of this state does not recognize a Convention support order
under Subparagraph B(2), (4), or (9) of this Article.
(1) The tribunal may not dismiss the proceeding without allowing a
reasonable time for a party to request the establishment of a new Convention
support order; and
(2) The Department of Children and Family Services shall take all
appropriate measures to request a child support order for the obligee if the
application for recognition and enforcement was received under Article
1307.4.
Art. 1307.9. Partial enforcement
If a tribunal of this state does not recognize and enforce a Convention
support order in its entirety, it shall enforce any severable part of the
order. An application or direct request may seek recognition and partial
enforcement of a Convention support order.
Art. 1307.10. Foreign support agreement
A. Except as otherwise provided in Paragraphs C and D of this Article,
a tribunal of this state shall recognize and enforce a foreign support
agreement registered in this state.
B. An application or direct request for recognition and enforcement of a
foreign support agreement must be accompanied by:
(1) A complete text of the foreign support agreement; and
(2) A record stating that the foreign support agreement is enforceable as
an order of support in the issuing country.
C. A tribunal of this state may vacate the registration of a foreign
support agreement only if, acting on its own motion, the tribunal finds that
recognition and enforcement would be manifestly incompatible with public
policy.
D. In a contest of a foreign support agreement, a tribunal of this state may
refuse recognition and enforcement of the agreement if it finds:
(1)
Recognition and enforcement of the agreement is manifestly
incompatible with public policy;
(2) The agreement was obtained by fraud or falsification;
(3) The agreement is incompatible with a support order involving the same
parties and having the same purpose in this state, another state, or a foreign
country if the support order is entitled to recognition and enforcement
under this Chapter in this state; or
(4) The record submitted under Paragraph B of this Article lacks
authenticity or integrity.
E. A proceeding for recognition and enforcement of a foreign support
agreement shall be suspended during the pendency of a challenge to or
appeal of the agreement before a tribunal of another state or a foreign
country.
Art. 1307.11. Modification of convention child support order
A. A tribunal of this state may not modify a Convention child support order
if the obligee remains a resident of the foreign country where the support
order was issued unless:
(1) The obligee submits to the jurisdiction of a tribunal of this state, either
expressly or by defending on the merits of the case without objecting to the
jurisdiction at the first available opportunity; or
*
As
it
appears
in
the
enrolled
bill
THE ADVOCATE
PAGE 35
(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify

Section 4.(A) Section 1 of this Act shall become effective on July 1, 2015;
its support order or issue a new support order.
if vetoed by the governor and subsequently approved by the legislature,
B. If a tribunal of this state does not modify a Convention child support Section 1 of this Act shall become effective on the day following such
order because the order is not recognized in this state, Article 1307.8(C) approval by the legislature.
applies.
(B) Section 2 of this Act shall become effective on October 1, 2015.
Art. 1307.12. Personal information; limit on use
(C) Section 3 of this Act and this Section shall become effective upon
Personal information gathered or transmitted under this Section may be signature of this Act by the governor or, if not signed by the governor,
used only for the purposes for which it was gathered or transmitted.
upon expiration of the time for bills to become law without signature of
Art. 1307.13. Record in original language; English translation
the governor, as provided by Article III, Section 18 of the Constitution of
A record filed with a tribunal of this state under this Section must be in the Louisiana. If this Act is vetoed by the governor and subsequently approved
original language and, if not in English, must be accompanied by an English by the legislature, Section 3 of this Act and this Section shall become
translation.
effective on the day following such approval.
Section 8. Interstate Rendition
Art. 1308.1. Grounds for rendition
A true copy:
A. For purposes of this Section, governor includes an individual
Tom Schedler
performing the functions of governor or the executive authority of a state
Secretary of State
covered by this Chapter.
-------B. The governor of this state may either:
(1) Demand that the governor of another state surrender an individual
ACT No. 81
found in the other state who is charged criminally in this state with having
--failed to provide for the support of an obligee.; or
HOUSE BILL NO. 611
(2) On the demand by the governor of another state, surrender an individual
BY REPRESENTATIVE PYLANT
found in this state who is charged criminally in the other state with having
AN ACT
failed to provide for the support of an obligee.
To enact R.S. 37:1431(34) and 1448.3, relative to certain real estate contracts;
C. A provision for extradition of individuals not inconsistent with this
to define a net listing agreement; to prohibit net listing agreements
Chapter applies to the demand even if the individual whose surrender is
between real estate brokers and sellers with respect to sales of certain
demanded was not in the demanding state when the crime was allegedly
real estate property; and to provide for related matters.
committed and has not fled therefrom.
Art. 1308.2. Conditions of rendition
Section 1. R.S. 37:1431(34) and 1448.3 are hereby enacted to read as follows:
A. Before making demand that the governor of another state surrender an
1431. Definitions
individual charged criminally in this state with having failed to provide for
* * *
the support of an obligee, the governor of this state may require a prosecutor
(34) Net listing agreement means a listing agreement that authorizes
of this state to demonstrate that at least sixty days previously the obligee a broker to take as his commission the difference between the higher sale
had initiated proceedings for support pursuant to this Chapter or that the price at which the real estate property is sold and the stipulated net price
proceeding would be of no avail.
agreed upon to be received by the seller.
B. If, under this Chapter or a law substantially similar to this Chapter, the
* * *
Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform
1448.3. Net listing agreements
Reciprocal Enforcement of Support Act, the governor of another state makes
It is unlawful for any real estate broker to advise or encourage a seller
a demand that the governor of this state surrender an individual charged in relation to, or to enter into, a net listing agreement as described in R.S.
criminally in that state with having failed to provide for the support of a 37:1431(34), for the sale of residential real estate property or any land as
child or other individual to whom a duty of support is owed, the governor defined in R.S. 47:2302.
may require a prosecutor to investigate the demand and report whether
a proceeding for support has been initiated or would be effective. If it A true copy:
appears that a proceeding would be effective but has not been initiated, the
Tom Schedler
governor may delay honoring the demand for a reasonable time to permit
Secretary of State
the initiation of a proceeding.
-------C. If a proceeding for support has been initiated and the individual whose
rendition is demanded prevails, the governor may decline to honor the
ACT No. 82
demand. If the petitioner prevails and the individual whose rendition is
--demanded is subject to a support order, the governor may decline to honor
HOUSE BILL NO. 656
the demand if the individual is complying with the support order.
BY REPRESENTATIVE HARRISON
Section 9. Miscellaneous Provisions
AN ACT
Art. 1309.1. Uniformity of application and construction
To amend and reenact R.S. 33:140.62(A)(3) and (4), relative to state planning
In applying and construing this uniform act, consideration must be given
and development districts; to move St. Mary Parish to a new district; and
to the need to promote uniformity of the law with respect to its subject
matter among states that enact it to the extent that such provisions are not Be it enacted by the Legislature of Louisiana:
prohibited by the Louisiana Constitution.
Section 1. R.S. 33:140.62(A)(3) and (4) are hereby amended and reenacted
Art. 1309.2. Transitional provision
to read as follows:
This Chapter applies to proceedings begun on or after the effective date
140.62. Designation of regions
of this Chapter to establish a support order or determine parentage of a
A. The development districts for the state designated and established
child or to register, recognize, enforce, or modify a prior support order, by the governor in Executive Order No. 27 of 1973 are hereby continued as
determination, or agreement, whenever issued or entered.
follows:
Art. 1309.3. Severability
* * *
If any provision of this Chapter or its application to any person or
(3) District #3, composed of the parishes of Assumption, Lafourche, St.
circumstance is held invalid, the invalidity does not affect other provisions
Charles, St. James, St. Mary, St. John the Baptist and Terrebonne.
or applications of this Chapter which can be given effect without the invalid
(4) District #4, composed of the parishes of Acadia, Evangeline, Iberia,
provision or application, and to this end the provisions of this Chapter are
Lafayette, St. Landry, St. Martin, St. Mary and Vermilion.
* * *
severable.
Section 2. R.S. 46:236.3(I) is hereby amended and reenacted to read as
A true copy:
follows:
Tom Schedler
236.3. Enforcement of support by income assignment
Secretary of State
* * *
-------I.(1) The notice to withhold shall operate as an assignment and shall
be binding, fourteen days after mailing or other transmission, or from
ACT No. 83
the department by administrative order of income assignment, upon any
--existing or future employers or payors of income of the person ordered to
HOUSE BILL NO. 666
pay support.
BY REPRESENTATIVE REYNOLDS
(2) Notwithstanding any provision of this Section, a payor may choose to
AN ACT
receive notices to withhold in an electronic format from the department in
To amend and reenact R.S. 6:213(B), 291(D) and (E), 705(C)(2), 786(D), and
accordance with the provisions of 42 U.S.C. 654a(g)(1)(A).
1191(C) and to enact R.S. 6:213(C), relative to banking regulations; to provide
* * *
relative to articles of incorporation; to allow and restrict authorizing
Section 3. Prior to October 1, 2015, the Department of Children and Family
reversion of ownership interests; to allow and restrict limited liability;
Services shall take action necessary to implement Section 2 of this Act on
October 1, 2015, including promulgation of necessary rules in accordance
with the Administrative Procedure Act.
THE ADVOCATE
PAGE 36
Section 1. R.S. 6:213(B), 291(D) and (E), 705(C)(2), 786(D), and 1191(C) are
hereby amended and reenacted and R.S. 6:213(C) is hereby enacted to read
as follows:
213. Articles of incorporation, filing, form, content; letter of acceptance
for filing
* * *
B.(1)
Notwithstanding the provisions of R.S. 6:291, the articles of
incorporation may contain other provisions for the regulation of the
business and the conduct of the affairs of the state bank including any
provision authorized by R.S. 12:24(C)(3) or (4) in Paragraphs (2) or (3) of this
Subsection, but they shall not contain any provision which is in derogation
of the provisions of this law or violates any other provision of the laws of this
state or of the laws of the United States.
(2)(a) The articles of incorporation of a bank or bank holding company
may contain a provision that any of the following not claimed by the entitled
shareholder despite reasonable efforts by the corporation to pay dividends
or redemption price or deliver certificates for shares to the shareholder
shall revert in full ownership to the corporation:
(i) Cash.
(ii) Property or share dividends.
(iii) Shares issuable to shareholders in connection with a reclassification
of stock.
(iv) The redemption price of redeemed shares.
(b) An obligation of the corporation to pay the dividend or the redemption
price or issue the shares shall, in any event, exist for no less than one year
after the dividend or redemption price became payable or after the shares
became issuable.
(c) The obligation of the corporation to pay the dividend or redemption
price or issue the shares shall thereupon cease, but the board of directors
may, at any time and for any reason satisfactory to the board, authorize
either of the following:
(i) Payment of the amount of any cash, property dividend, or redemption
price, ownership of which has reverted to the corporation pursuant to a
provision of the articles authorized by this Section, to the entity who would
be entitled thereto had such reversion not occurred.
(ii) Issuance of any shares, ownership of which has reverted to the
corporation pursuant to a provision of the articles authorized by this
Section, to the entity who would be entitled thereto had such reversion not
occurred.
(3)(a) The articles of incorporation of a bank or a bank holding company
may contain a provision eliminating or limiting the personal liability of
a director or officer to the corporation or its shareholders for monetary
damages for breach of fiduciary duty as a director or officer, provided that
the provision shall not eliminate or limit the liability of a director or officer
for any of the following:
(i) A breach of a duty of loyalty, which is imposed on a director or officer,
to the bank, bank holding company, or its shareholders.
(ii) Acts or omissions not in good faith or involving intentional misconduct
or involving a knowing violation of law.
(iii) Liability incurred pursuant to R.S. 12:1833.
(iv) Any transaction from which the director or officer derived an improper
personal benefit.
(b) For the purposes of this Paragraph, no provision shall eliminate or
limit the liability of a director or officer for any act or omission that occurred
prior to the date the provision becomes effective.
(2) C. When all fees and charges have been paid as required by law, the
commissioner shall review the filed articles and, if the articles comply with
the provisions of this law, shall issue a letter of acceptance for filing endorsed
with the date and hour, if requested, of his acceptance. If the commissioner
finds that the articles of incorporation violate any part of this law, he shall
notify the proposed incorporators of such violation and shall require that
the articles be amended to conform to the provisions of this Section.
* * *
291. Relation and liability of directors and officers to bank and bank
holding company stockholders
* * *
D. The provisions of this Section shall not affect the right of incorporators
or shareholders of banks or bank holding companies to include in articles
of incorporation provisions as authorized by R.S. 12:24(C)(4) or R.S. 6:213(B)
(1) R.S. 6:213(B).
E. Notwithstanding any other law to the contrary, particularly but not
exclusively R.S. 12:91, the provisions of this Section shall be the sole and
exclusive law governing the relation and liability of directors and officers
to their bank or holding company or to the shareholders thereof or to any
other person or entity, except that the provisions of R.S. 12:92 R.S. 12:1-833
shall remain applicable to directors and officers of bank holding companies.
* * *
705. Incorporation; articles of incorporation; content; bylaws
* * *
C. The articles may also contain any of the following:
* * *
(2) Any other provision for the regulation of the business and conduct of
the affairs of the corporation not prohibited by this Chapter or other laws of
this state, including any provision authorized by R.S. 12:24(C)(4) R.S. 6:213(B)
(3). The provisions of R.S. 12:24(C)(4) R.S. 6:213(B)(3) may be included in the
articles of both mutual and stock associations.
* * *
786. Relation and liability of directors and officers
* * *
D. The provisions of this Section shall not affect the right of incorporators or
shareholders of financial institutions to include in articles of incorporation
provisions as authorized by R.S. 12:24(C)(4) R.S. 6:213(B)(3) or R.S. 6:705.
* * *
1191. Relation and liability of directors and officers
* * *
C. The provisions of this Section shall not affect the right of incorporators
or shareholders of savings banks to include in articles of incorporation
provisions as authorized by R.S. 12:24(C)(4) R.S. 6:213(B)(3).
* * *
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 84
BY REPRESENTATIVE ABRAMSON
AN ACT
To amend and reenact Code of Civil Procedure Articles 2636(8) and 2637(F)
and R.S. 13:3733.1(A)(introductory paragraph), (2), and (4), (C), and (E) and
to enact Code of Civil Procedure Article 2636(9) and R.S. 13:3733.1(A)(5) and
(6), (L), and 3733.2, relative to electronic obligations records and electronic
signatures; to deem financial institution records and promissory notes
containing electronic signatures to be authentic evidence; to provide for
electronic signatures regarding evidence which need not be authentic;
to provide for definitions; to modify the certificate required to deem
reproductions as authentic evidence; to provide for the transferability of
rights, authority, and protections relative to the use of reproductions; to
provide for obligations records containing electronic signatures; to allow
for a presumption of authenticity; to provide for a certification form; to
exempt collateral mortgage notes; and to provide for related matters.
Section 1. Code of Civil Procedure Articles 2636(8) and 2637(F) are hereby
amended and reenacted and Code of Civil Procedure Article 2636(9) is
hereby enacted to read as follows:
Art. 2636. Authentic evidence
The following documentary evidence shall be deemed to be authentic for
purposes of executory process:
* * *
(8) All other documentary evidence recognized by law as authentic
evidence, including R.S. 9:5555, R.S. 10:9-629, and R.S. 13:3733.1 and 3733.2.
(9) A promissory note or other evidence of indebtedness evidencing
the obligation secured by the mortgage, security agreement or privilege,
containing an electronic signature in accordance with the Louisiana
Uniform Electronic Transactions Act, R.S. 9:2601 et seq. and accompanied
by a certification in accordance with R.S. 13:3733.2.
Art. 2637. Evidence which need not be authentic
* * *
F. Evidence as to the proper party plaintiff entitled to enforce the obligation
secured by the note, bond, handnote, or other instrument, including those
that are electronically signed, evidencing the obligation of which a copy or
reproduction is submitted in accordance with Article 2636(8) or Paragraph C
of this Article, may be proved by verified original or supplemental petition,
or by an affidavit submitted therewith.
Section 2. R.S. 13:3733.1(A)(introductory paragraph), (2), and (4), (C), and (E)
are hereby amended and reenacted and R.S. 13:3733.1(A)(5) and (6), (L), and
3733.2 are hereby enacted to read as follows:
3733.1. Financial institution records; reproductions; recordkeeping;
admissibility into evidence; definitions
A. As used in this Section and in R.S. 13:3733.2, the following terms shall
have the following meanings:
* * *
(2) Record means any writing, entry, print, instrument, or document
evidencing any transaction or event, including but not limited to books of
account, vouchers, documents, agreements, contracts, security agreements,
other collateral security documents, checks, and correspondence. The term
also includes information that is stored in electronic or other medium and is
retrievable in perceivable form.
* * *
(4) Reproduction means a counterpart, duplicate, or copy, or a durable
medium for making a counterpart, duplicate, or copy, produced from the
same impression as the original, or from the same matrix, or produced
or obtained by any photographic, photostatic, microfilm, microcard or
miniature or microphotographic process, or by any mechanical or electronic
recording or re-recording, electronic or optical imaging, chemical process
or other process or technique which accurately reproduces the original
or forms or creates a durable medium for so reproducing the original,
*
As
it
appears
in
the
enrolled
bill
THE ADVOCATE
PAGE 37
including but not limited to computer and other printouts, and counterparts,
duplicates, copies, and other output generated or produced by or from
an electronic imaging system such as counterparts, duplicates, or copies
produced or obtained from optical disks. A reproduction shall also mean
a substitute check as defined under the federal Check Clearing for the 21st
Century Act and Regulation CC, 12 CFR 229.2(aaa). The term also includes
the reproduction of a record containing an electronic signature.
(5)
Electronic record means a record created, generated, sent,
communicated, received, or stored by electronic means.
(6) Electronic signature means an electronic sound, symbol, or process
attached to or logically associated with a record and executed or adopted by
a person with the intent to sign the record.
* * *
C. Notwithstanding any other statute, rule of law, regulation, ordinance,
or other provision to the contrary, except Subsection G of this Section, each
reproduction of a record made pursuant to this Section shall be considered
to be an original of such record for all purposes and shall be admissible
into evidence to the same extent as the original record itself in any judicial,
administrative, and other proceedings in all courts, tribunals, and other
bodies and in any proceedings before all boards, bureaus, departments,
commissions, and agencies of this state, whether the original record is in
existence or not, and shall be received in evidence as prima facie proof of
its contents with the same force and effect as though the original document
were produced, and shall be deemed authentic evidence authentic for all
purposes, satisfying the requirements of Code of Evidence Articles 901 and
902. The introduction of a reproduction does not preclude introduction of
the original record.
* * *
E. Whenever any counterpart, duplicate, or copy or group of counterparts,
duplicates, or copies shall be certified with a certificate reading
substantially as follows, each such counterpart, duplicate, or copy shall
be a reproduction as defined in this Section and shall be admissible into
evidence as the original record. Except as prohibited in Subsection G of this
Section, if the original record would be deemed to be authentic evidence,
the reproduction, so certified, shall also be deemed authentic evidence
for all purposes including but not limited to for purposes of Code of Civil
Procedure Articles 2631 et seq.
STATE OF
PARISH/COUNTY OF
CITY OF
I,__________________________, a representative of ____________________
______________
(the Financial Institution or assignee) do hereby certify
the following:
(a) The document(s) attached to this certificate, consisting of ____ page(s)
is (are each) a true and correct reproduction of the original thereof, being a
reproduction made from the records maintained by the Financial Institution
or assignee in the course of its business activities and made in accordance
with the provisions of R.S. 13:3733.1.
(b) If the document(s) attached to this certificate is (are each) an obligation
sought to be enforced, including a promissory note, the Financial Institution
or assignee does certify that the Financial Institution it is a person or entity
entitled to enforce the obligation(s) evidenced by the document(s) attached
to this certificate.
B. A record containing an electronic signature or a reproduction of a

record containing an electronic signature is presumed to be genuine if
accompanied by a certification, executed by a representative of a financial
institution or its assignee, substantially as follows:
STATE OF_____________________________
PARISH/COUNTY OF___________________
CITY OF ______________________________
I,______________________, a representative of _______________________
(the Financial Institution or assignee) do hereby certify the following:
(a) In accordance with R.S. 13:3733.2, based on the undersigned persons
personal knowledge or upon information and belief based upon records of
the financial institution, any assignee, or any other person that are kept or
obtained in the ordinary course of its business activities, the document(s)
attached to this certificate, consisting of ___ page(s), is (are each) a record,
electronic record, or reproduction of a record or electronic record that
contains a genuine electronic signature of ______________ (insert name of
signer on documents).
(b) If the document(s) attached to this certificate is (are each) an obligation
sought to be enforced, including a promissory note, the financial institution
or assignee named above is entitled to enforce the obligation(s) evidenced
by the documents.
NAME
TITLE
ADDRESS
C. The provisions of this Section that authorize the use of a record
containing an electronic signature or a reproduction of a record containing
an electronic signature shall not apply to a collateral mortgage note as
defined in R.S. 10:9-102(d)(3).
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 85
BY REPRESENTATIVES BILLIOT, ARMES, BOUIE, COX, GISCLAIR,
HILL, HONORE, HOWARD, JONES, NANCY LANDRY, TERRY LANDRY,
MONTOUCET, MORENO, NORTON, ORTEGO, PRICE, PUGH, PYLANT,
SMITH, ST. GERMAIN, AND WOODRUFF
AN ACT
To amend and reenact R.S. 46:2131, 2132(3) and (4), 2135(A)(introductory
paragraph), 2136(A)(introductory paragraph), and 2140(A) and (C)(2)(g) and
(3)(b), relative to domestic abuse assistance; to provide relative to domestic
abuse between dating partners; to provide relative to non-physical
offenses; to provide relative to the issuance of temporary restraining
orders; to provide relative to the granting of protective orders; to provide
relative to duties of law enforcement officers; and to provide for related
matters.
NAME
Section 1. R.S. 46:2131, 2132(3) and (4), 2135(A)(introductory paragraph),
2136(A)(introductory paragraph), and 2140(A) and (C)(2)(g) and (3)(b) are
TITLE hereby amended and reenacted to read as follows:
2131. Purposes
ADDRESS
The purpose of this Part is to recognize and address the complex legal and
* * *
social problems created by domestic violence. The legislature finds that
L. A person that purchases, acquires, or otherwise obtains an interest in a existing laws which regulate the dissolution of marriage do not adequately
promissory note, instrument, loan, asset, or other evidence of indebtedness address problems of protecting and assisting the victims of domestic abuse.
previously held by a financial institution has the same rights, authority, and The legislature further finds that previous societal attitudes have been
protections that the financial institution had under this Section relative reflected in the policies and practices of law enforcement agencies and
to the use of a reproduction of a record pertaining to the promissory note, prosecutors which have resulted in different treatment of crimes occurring
instrument, loan, asset, or other evidence of indebtedness.
between family or members, household members, or dating partners and
3733.2. Financial institution records containing electronic signatures; those occurring between strangers. It is the intent of the legislature to
provide a civil remedy for domestic violence which will afford the victim
admissibility into evidence
A. Notwithstanding any other provision to the contrary, if accompanied immediate and easily accessible protection. Furthermore, it is the intent
by a certification as provided in Subsection B of this Section, a record, of the legislature that the official response of law enforcement agencies to
containing an electronic signature or a reproduction of a record containing cases of domestic violence shall stress the enforcement of laws to protect
an electronic signature, shall be considered to be an original, as defined in the victim and shall communicate the attitude that violent behavior is not
Article 1001 of the Code of Evidence, for all purposes and shall be admissible excused or tolerated.
2132. Definitions
into evidence as an original record in any judicial, administrative, and
As used in this Part:
other proceedings in all courts, tribunals, and other bodies and in any
* * *
proceedings before all boards, bureaus, departments, commissions, and
(3) Domestic abuse includes but is not limited to physical or sexual abuse
agencies of this state, and shall be received in evidence as prima facie proof
of its contents with the same force and effect as an original record, and and any offense against the person, physical or non-physical, as defined in
shall be deemed authentic for all purposes, satisfying the requirements of the Criminal Code of Louisiana, except negligent injury and defamation,
Code of Evidence Articles 901 and 902. If accompanied by a certification as committed by one family or member, household member, or dating partner
provided in Subsection B of this Section, a record containing an electronic against another. Domestic abuse also includes abuse of adults as defined
signature or a reproduction of a record containing an electronic signature in R.S. 15:1503 when committed by an adult child or adult grandchild.
(4) Family members means spouses, former spouses, parents and
shall be deemed authentic evidence for purposes of executory process to
children, stepparents, stepchildren, foster parents, and foster children.
the same extent as if it were a manually signed paper original record.
Household members means any person of the opposite sex presently or
*
As
it
appears
in
the
enrolled
bill
THE ADVOCATE
PAGE 38
formerly living in the same residence with the defendant as a spouse, whether
married or not, who is seeking protection under this Part. Dating partner
means any person protected from violence under R.S. 46:2151 who is seeking
protection under this Part. If a parent or grandparent is being abused by
an adult child, adult foster child, or adult grandchild, the provisions of this
Part shall apply to any proceeding brought in district court.
* * *
2135. Temporary restraining order
A. Upon good cause shown in an ex parte proceeding, the court may
enter a temporary restraining order, without bond, as it deems necessary to
protect from abuse the petitioner, any minor children, or any person alleged
to be an incompetent. Any person who shows immediate and present danger
of abuse shall constitute good cause for purposes of this Subsection. The
court shall consider any and all past history of abuse, or threats thereof, in
determining the existence of an immediate and present danger of abuse.
There is no requirement that the abuse itself be recent, immediate, or
present. The order may include but is not limited to the following:
* * *
2136. Protective orders; content; modification; service
A. The court may grant any protective order or approve any consent
agreement to bring about a cessation of domestic abuse as defined in R.S.
46:2132(3), or the threat or danger thereof, of to a party, any minor children,
or any person alleged to be incompetent, which relief may include but is not
limited to:
* * *
2140. Law enforcement officers; duties
A. If a law enforcement officer has reason to believe that a family or
household member or dating partner has been abused and the abusing party
is in violation of a temporary restraining order, a preliminary or permanent
injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S.
9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., Childrens Code
Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or
Code of Criminal Procedure Articles 30, 327.1, 335.1, 335.2, and 871.1, the
officer shall immediately arrest the abusing party.
* * *
C.
* * *
(2) In determining if one party is the predominant aggressor, the law
enforcement officer may consider any other relevant factors, but shall
consider the following factors based upon his or her observation:
* * *
(g) The existence of a temporary restraining order, a preliminary or
permanent injunction, or a protective order issued pursuant to R.S. 9:361 et
seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., Childrens
Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1,
or Code of Criminal Procedure Articles 30, 327.1, 335.1, 335.2, and 871.1. The
officer shall presume that the predominant aggressor is the person against
whom the order was issued.
(3)
* * *
(b) If the officer determines that one person was the predominant
aggressor in a misdemeanor offense, the officer shall arrest the predominant
aggressor if there is reason to believe that there is impending danger or if
the predominant aggressor is in violation of a temporary restraining order, a
preliminary or permanent injunction, or a protective order issued pursuant
to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et
seq., Childrens Code Article 1564 et seq., Code of Civil Procedure Articles
3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.1,
335.2, and 871.1. If there is no threat of impending danger or no violation of
a temporary restraining order, a preliminary or permanent injunction, or
a protective order, the officer may arrest the predominant aggressor at the
officers discretion, whether or not the offense occurred in the presence of
the officer. An arrest pursuant to the provisions of this Subparagraph shall
be subject to the laws governing arrest, including the need for probable
cause as otherwise provided by law. The exceptions provided for in this
Section shall apply.
* * *
A true copy:
Tom Schedler
Secretary of State
--------
423.9. City of Crowley; authority over police personnel by chief of police

Notwithstanding the provisions of R.S. 33:423 or any other provision of
law to the contrary, in and for the city of Crowley, the chief of police shall
appoint, discipline, and discharge police personnel subject to the budgetary
limitations established by the mayor and board of alderman pertaining to
the number of allotted positions for the police department.
A true copy:
Tom Schedler
Secretary of State
--------
ACT No. 87
--HOUSE BILL NO. 30
BY REPRESENTATIVES RICHARD, ARNOLD, BERTHELOT, STUART
BISHOP, BROWN, BURFORD, COX, GAROFALO, GEYMANN, GISCLAIR,
HARRIS, HARRISON, HAVARD, HENRY, HENSGENS, HOWARD,
HUNTER, HUVAL, JAMES, JEFFERSON, JAY MORRIS, ORTEGO,
PEARSON, PIERRE, POPE, PYLANT, SCHEXNAYDER, SCHRODER,
TALBOT, WHITNEY, PATRICK WILLIAMS, AND WILLMOTT AND
SENATOR MILLS
AN ACT
To amend and reenact R.S. 39:82(A) and 352 and to enact Subpart S of
Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised
Statutes of 1950, to be comprised of R.S. 39:100.146, 1567(E), and Subpart F
of Part I of Chapter 16 of Subtitle III of Title 39 of the Louisiana Revised
Statutes of 1950, to be comprised of R.S. 39:1590, relative to professional,
personal, and consulting services procurement; to require consideration
by the Joint Legislative Committee on the Budget of certain professional,
personal, and consulting service contracts; to provide for the submission
of periodic reports; to provide for exceptions; to establish the Higher
Education Financing Fund; to provide for the deposit, use, and investment
of monies in the fund; to provide for an effective date; and to provide for
related matters.
Section 1. R.S. 39:82(A) and 352 are hereby amended and reenacted and
Subpart S of Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana
Revised Statutes of 1950, comprised of R.S. 39:100.146, R.S. 39:1567(E), and
Subpart F of Part I of Chapter 16 of Subtitle III of Title 39 of the Louisiana
Revised Statutes of 1950, comprised of R.S. 39:1590, are hereby enacted to
read as follows:
82. Remission of cash balances to the state treasurer; authorized
withdrawals of state monies after the close of the fiscal year
A. All cash balances occurring from appropriations made by legislative
act or by the Interim Emergency Board regardless of date of passage to
any state agency for which no bona fide liability exists on the last day of
each fiscal year shall be remitted to the state treasurer by the fifteenth
day following the last day of the fiscal year. Any appropriations including
those made by the Interim Emergency Board of the preceding fiscal year
remaining at the end of the fiscal year against which bona fide liabilities
existed as of the last day of the fiscal year may be withdrawn from the state
treasury during the forty-five day period after the last day of the fiscal year
only as such liabilities come due for payment. Prior to placing monies
associated with such unexpended appropriations into the state general
fund, the state treasurer shall transfer all cash balances identified and
reported by the commissioner of administration as being from unexpended
and unencumbered state general fund (direct) and Overcollections Fund
appropriations for professional, personal, and consulting service contracts
not approved by the Joint Legislative Committee on the Budget as provided
in R.S. 39:1590 and remaining at the end of each fiscal year for deposit in
and credit to the Higher Education Financing Fund as are necessary to
satisfy the requirements of R.S. 39:100.146, and then shall make deposits
to the Payments Towards the UAL Fund as are necessary to satisfy the
requirements of R.S. 39:100.11.
* * *
SUBPART S. HIGHER EDUCATION FINANCING FUND
100.146. Higher Education Financing Fund
A. There is hereby established in the state treasury, as a special fund, the
Higher Education Financing Fund, hereinafter referred to as the fund.
B.(1) The state treasurer is directed to deposit into the fund an amount
equal to cash balances identified and reported by the commissioner of
administration as being from unexpended and unencumbered state general
ACT No. 86
fund (direct) and Overcollections Fund appropriations for contracts not
--approved by the Joint Legislative Committee on the Budget for professional,
HOUSE BILL NO. 8
personal, and consulting services under the jurisdiction of the office of state
procurement available at the end of each fiscal year as are necessary to satisfy
AN ACT
the requirements of R.S. 39:1590. The commissioner of administration, in
To enact R.S. 33:423.9, relative to the Crowley police department; to authorize consultation with the state chief procurement officer, shall periodically
the police chief to appoint, discipline, and discharge police personnel; determine the amount of monies appropriated for professional, personal, and
consulting service contracts that remain unexpended and unencumbered
Notice of intention to introduce this Act has been published as provided by as a result of implementation of R.S. 39:1590. Such determination shall take
place on the following dates in fiscal years 2015-2016, 2016-2017, and 2017Be it enacted by the Legislature of Louisiana:
2018:
(a) September thirtieth.
*
As
it
appears
in
the
enrolled
bill
THE ADVOCATE
PAGE 39
(b) December thirty-first.

(d) June thirtieth.
(c) March thirty-first.
(2) Following each determination required pursuant to the provisions of
(d) June thirtieth.
this Subsection, the commissioner of administration shall report to the state
(2) All unexpended and unencumbered monies in the fund at the end of treasurer the amount of state general fund (direct) and Overcollections Fund
the fiscal year shall remain in the fund. The monies in the fund shall be monies appropriated for professional, personal, and consulting service
invested by the state treasurer in the same manner as monies in the state contracts that are expected to remain unexpended and unencumbered at
general fund, and interest earned on the investment of monies shall be the end of the fiscal year as a result of implementation of this Section. These
credited to the fund.
monies shall be available for deposit in and credit to the Higher Education
C. Monies in the fund shall be appropriated and used solely for public Financing Fund as provided for in R.S. 39:100.146.
postsecondary education institutions.
C. Notwithstanding any provision of law to the contrary, this Section shall
* * *
not apply to the following professional, personal, or consulting service
352. Cancellation of unexpended portions of appropriations; exceptions
contracts:
Whenever any specific appropriation is made to meet any item of
(1)
Contracts of the secretary of state necessary to perform any
expenditure which occurs annually by provision of law or for contingent constitutional or statutory function of the office.
expense, and any portion of it remains unexpended at the end of the
(2) All contracts to implement the programs of the Department of Health
year for which the specific appropriation was made, after all legal claims and Hospitals funded pursuant to Title XIX, Title XX, and Title XXI of the
against it for the year have been paid, the commissioner of administration Social Security Act or funded fully or partially by federal funds.
shall cancel any balance of the appropriation, and each succeeding year
(3) Contracts with state or local providers of indigent defender services
he shall open a new account for the appropriation which may be made for necessary to perform any constitutional or statutory function.
that particular year, without carrying forward any unexpended balance of
(4) Contracts of a district attorney necessary to perform any constitutional,
appropriation made for any previous year. This provision shall not apply discretionary, or statutory function of the office, or to perform services under
to appropriations made to pay the debt of the state, principal and interest. the child support enforcement program administered by the Department of
Prior to placing monies associated with such unexpended appropriations Children and Family Services in accordance with the federal requirements
into the state general fund, the state treasurer shall transfer all cash of Title IV-D of the Social Security Act and corresponding state laws and
balances identified and reported by the commissioner of administration regulations.
as being from unexpended and unencumbered state general fund (direct)
Section 2. The provisions of Section 1 of this Act shall become null, void,
and Overcollections Fund appropriations for professional, personal, and and of no effect on July 1, 2018.
consulting service contracts not approved by the Joint Legislative Committee
Section 3. This Act shall become effective on July 1, 2015; if vetoed by
on the Budget as provided in R.S. 39:1590 remaining at the end of each fiscal the governor and subsequently approved by the legislature, this Act shall
year for deposit in and credit to the Higher Education Financing Fund as is become effective on July 1, 2015, or on the day following such approval by the
necessary to satisfy the requirements of R.S. 39:100.146 and then shall make legislature, whichever is later.
deposits to the Payments Towards the UAL Fund as are necessary to satisfy
the requirements of R.S. 39:100.11.
A true copy:
* * *
Tom Schedler
1567. Reporting requirements
Secretary of State
* * *
-------E. The state chief procurement officer shall submit a report at the end of
ACT No. 88
each month to the Joint Legislative Committee on the Budget summarizing
--each contract, including the dollar value of each contract awarded that
HOUSE BILL NO. 50
month over which the office of state procurement has power and authority.
BY REPRESENTATIVE DANAHAY
The report shall also indicate if each contract is for discretionary purposes
AN ACT
or if it is for nondiscretionary purposes.
To amend and reenact R.S. 40:1666.1(A)(3)(c), relative to internal statutory
* * *
references in provisions dealing with supplemental pay for firefighters
SUBPART F. APPROVAL OF CERTAIN PROFESSIONAL,
and police officers; to amend such a statutory reference; and to provide for
PERSONAL, AND CONSULTING SERVICES CONTRACTS
related matters.
FOR FISCAL YEAR 2015-2016 THROUGH FISCAL YEAR 2017-2018
1590. Approval of Certain Professional, Personal, and Consulting Services Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 40:1666.1(A)(3)(c) is hereby amended and reenacted to read
Contracts for Fiscal Year 2015-2016 Through Fiscal Year 2017-2018
A. In Fiscal Year 2015-2016 through 2017-2018, the commissioner of as follows:
1666.1. Extra compensation
administration, in consultation with the state chief procurement officer,
A.
shall report each contract for professional, personal, and consulting services
* * *
with a total dollar amount of forty thousand dollars or more per year that is
(3)
funded solely with state general fund (direct) or the Overcollections Fund
* * *
and is for discretionary purposes to the Joint Legislative Committee on the
(c) Notwithstanding any other provision of law to the contrary, no
Budget for review and approval prior to the effectiveness of the contract.
(1) If within thirty days of receipt of the contract, the Joint Legislative municipality, parish, fire protection district, or other political subdivision
Committee on the Budget does not place the contract on its agenda for maintaining a fire department, or the Chitimacha Tribe of Louisiana or
the Coushatta Indian Tribe of Louisiana, or any such nonprofit corporation
review and approval, the contract shall be deemed to be approved.
(2) If within thirty days of receipt of the contract, the contract is placed on contracting to provide fire protection services, shall be subject to penalty
the agenda for review, the Joint Legislative Committee on the Budget may for reducing the salary of any employee whose salary has been enhanced
pursuant to this Paragraph for one year by an amount not exceeding the
take the following action:
amount of such enhancement. Any such reduction shall not be void as
(a) Approve the contract.
(b) Reject the contract and notify the commissioner of administration that provided in R.S. 40:1667.4 40:1666.4.
* * *
such funds otherwise proposed for this purpose shall be deposited into the
Higher Education Financing Fund as provided in R.S. 39:100.146.
(c) Recommend revisions to the contract.
If the Joint Legislative or, if not signed by the governor, upon expiration of the time for bills to
Committee on the Budget recommends revisions to the contract, the become law without signature by the governor, as provided in Article III,
contract shall not become effective until it is revised, resubmitted to the Section 18 of the Constitution of Louisiana. If vetoed by the governor and
Joint Legislative Committee on the Budget, and acted upon again by the subsequently approved by the legislature, this Act shall become effective on
committee. If the commissioner of administration, in consultation with the the day following such approval.
state chief procurement officer, does not resubmit the contract to the Joint
Legislative Committee on the Budget within thirty days after the committee A true copy:
Tom Schedler
recommends revisions to the contract, the contract shall be deemed to be
Secretary of State
rejected and funds otherwise proposed for this purpose shall be deposited
-------into the Higher Education Financing Fund as provided in R.S. 39:100.146.
B.(1) The commissioner of administration, in consultation with the state
chief procurement officer, shall periodically determine the amount of monies
appropriated for professional, personal, and consulting service contracts
that are not approved by the Joint Legislative Committee on the Budget
and remain unexpended and unencumbered as a result of implementation
of this Section. Such determination shall take place on the following dates
in fiscal years 2015-2016, 2016-2017, and 2017-2018:
(a) September thirtieth.
(b) December thirty-first.
(c) March thirty-first.
THE ADVOCATE
PAGE 40

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ACTS OF 2015

A. The commission shall elect annually from among the commissioners a

Be it enacted by the Legislature of Louisiana:

become law without signature by the governor, as provided by Article III,

(a) A municipality that contains a site selected by a site selection organization

sheriff or magistrate of the mayors court and placed in a special account

Department of Public Safety and Corrections, office of state police, gaming

G. The regulations promulgated by the office pursuant to this Section

(1) A managed care organization.

Be it enacted by the Legislature of Louisiana:

subsequently approved by the legislature, this Act shall become effective on

or of notice of default of the contractor or subcontractor, file a copy of sworn

A. The secretary of the Department of Public Safety and Corrections shall

Regular Session of the Legislature, and to enact R.S. 51:3136(A)(9), relative

applicable provisions of Title 39 of the Louisiana Revised Statutes of 1950.

Section 2. Beginning on the effective date of an agreement between the

A. If the services as an employee or clerk of court of any member hired

subsequently approved by the legislature, this Act shall become effective on

become law without signature by the governor, as provided by Article III,

Approved by the Governor, June 5, 2015.

* As it appears in the enrolled bill

A. In addition to the authority granted pursuant to R.S. 40:1502, the

Adjudicated for Nonpayment

1918, 1927, and 1928

and between the commissioner of administration and William Marcantel

The provisions of this Part shall terminate on January 1, 2022, and

program of the Louisiana State Bar Associations Committee on Alcohol and

Notice of intention to introduce this Act has been published as provided by

Approved by the Governor, June 5, 2015.

to Senate confirmation, a board of commissioners consisting of nine persons

recommendations regarding the overall effectiveness of the evaluation

1005. Use of certified laboratories for drug testing of samples collected

B. Definitions. As used in this Section, the following terms shall have

Section 1. Chapter 1 of Title XIII of the Louisiana Childrens Code, formerly

* As it appears in the enrolled bill

parentage has been rendered or a judgment determining parentage of a

(2) The contesting party timely challenges the exercise of jurisdiction in

* As it appears in the enrolled bill

(3) A sworn statement by the party seeking person requesting registration

(3) Modification of a support order of a tribunal of another state or a

A. Except as otherwise provided in Paragraph B of this Article, a tribunal

(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify

B. A record containing an electronic signature or a reproduction of a

423.9. City of Crowley; authority over police personnel by chief of police

(b) December thirty-first.

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