§191. Termination of legislative authority for existence of statutory entities; phase-out period for statutory entities; table of dates Notwithstanding any termination dates set by any previous Act of the ACTS OF 2016 legislature, the statutory entities set forth in this Section shall begin to terminate their operations on July first of each of the following years, and all legislative authority for the existence of any statutory entity, as defined in R.S. 49:190, shall cease as of July first of the following year, which shall be LEGISLATURE the termination date: * * * (10) July 1, 2022: (a) The Department of Insurance and all statutory entities made a part of Acts 1 - 117 (Except Acts 17, 27, 37, 47, 57, 67 & 77) the department by law. Section 5. R.S. 49:191(6)(g) is hereby repealed in its entirety. ACT No. 1 Section 6. This Act shall become effective on June 30, 2016; if vetoed by - - - the governor and subsequently approved by the legislature, this Act shall SENATE BILL NO. 1 become effective on June 30, 2016, or on the day following such approval by BY SENATORS MORRISH, ALARIO, ALLAIN, APPEL, BARROW, BISHOP, the legislature, whichever is later. BOUDREAUX, BROWN, CARTER, CHABERT, CLAITOR, COLOMB, Approved by the Governor, April 29, 2016. CORTEZ, DONAHUE, ERDEY, FANNIN, GATTI, HEWITT, JOHNS, A true copy: LAFLEUR, LAMBERT, LONG, LUNEAU, MARTINY, MILKOVICH, MILLS, Tom Schedler MIZELL, MORRELL, PEACOCK, PERRY, PETERSON, RISER, GARY Secretary of State SMITH, JOHN SMITH, TARVER, THOMPSON, WALSWORTH, WARD AND ------WHITE AND REPRESENTATIVES ABRAHAM, ABRAMSON, ADAMS, AMEDEE, ANDERS, ARMES, BACALA, BAGLEY, BAGNERIS, BARRAS, ACT No. 3 BERTHELOT, BILLIOT, BISHOP, BOUIE, BROADWATER, CHAD - - - BROWN, TERRY BROWN, CARMODY, CARPENTER, GARY CARTER, HOUSE BILL NO. 341 ROBBY CARTER, STEVE CARTER, CHANEY, CONNICK, COUSSAN, BY REPRESENTATIVE TALBOT COX, CROMER, DANAHAY, DAVIS, DEVILLIER, DWIGHT, EDMONDS, AN ACT EMERSON, FALCONER, FOIL, FRANKLIN, GAINES, GAROFALO, To amend and reenact R.S. 22:1260.4(B)(10), relative to discount medical plan GISCLAIR, GLOVER, GUINN, HALL, JIMMY HARRIS, LANCE HARRIS, organizations; to provide with respect to registration of such organizations HAVARD, HAZEL, HENRY, HENSGENS, HILFERTY, HILL, HODGES, with the commissioner of insurance; and to provide for related matters. HOFFMANN, HOLLIS, HORTON, HOWARD, HUNTER, HUVAL, IVEY, Be it enacted by the Legislature of Louisiana: JACKSON, JAMES, JEFFERSON, JENKINS, MIKE JOHNSON, ROBERT Section 1. R.S. 22:1260.4(B)(10) is hereby amended and reenacted to read JOHNSON, JONES, NANCY LANDRY, TERRY LANDRY, LEBAS, LEGER, as follows: LEOPOLD, LOPINTO, LYONS, MACK, MAGEE, MARCELLE, MCFARLAND, §1260.4. Procedure for registration MIGUEZ, DUSTIN MILLER, GREGORY MILLER, MONTOUCET, MORENO, * * * JAY MORRIS, JIM MORRIS, NORTON, PEARSON, PIERRE, POPE, PRICE, B. The application shall be on a form prescribed by the commissioner, PUGH, PYLANT, REYNOLDS, RICHARD, SCHEXNAYDER, SCHRODER, accompanied by any supporting documentation and shall be signed and SEABAUGH, SHADOIN, SIMON, SMITH, STOKES, TALBOT, THIBAUT, verified by the applicant. The information required by the application shall WHITE, WILLMOTT AND ZERINGUE include the following items: AN ACT * * * To designate a portion of Louisiana Highway 14 in Calcasieu Parish as the (10) The name and address of the applicant’s Louisiana statutory agent “Louisiana State Trooper Steven Vincent Memorial Highway”; and to for service of process, notice of demand, or if not domiciled in this state, the provide for related matters. name and address of the applicant’s appointed Louisiana statutory agent Be it enacted by the Legislature of Louisiana: for service of process or a power of attorney executed by the applicant, Section 1. The portion of Louisiana Highway 14 between its intersection appointing the commissioner as the true and lawful attorney of the with Louisiana Highway 27 and its intersection with Lognion Road, all applicant in and for this state upon whom all law process in any legal action in Calcasieu Parish, shall be hereinafter known and designated as the or proceeding against the discount medical plan organization on a cause of “Louisiana State Trooper Steven Vincent Memorial Highway”. action arising in this state may be served. Section 2. The Department of Transportation and Development and its * * * contractors are hereby directed to erect and maintain appropriate signage Approved by the Governor, April 29, 2016. reflecting this designation. A true copy: Approved by the Governor, April 29, 2016. Tom Schedler A true copy: Secretary of State Tom Schedler ------Secretary of State ------ACT No. 4 - - - ACT No. 2 HOUSE BILL NO. 363 - - - BY REPRESENTATIVE TALBOT HOUSE BILL NO. 273 AN ACT BY REPRESENTATIVE TALBOT To enact R.S. 22:1923(2)(n), relative to fraudulent insurance acts; to provide AN ACT that making certain false statements to the Property Insurance Association To enact R.S. 49:191(10) and to repeal R.S. 49:191(6)(g), relative to the of Louisiana is such an act; and to provide for related matters. Department of Insurance, including provisions to provide for the Be it enacted by the Legislature of Louisiana: re‑creation of the Department of Insurance and the statutory entities made Section 1. R.S. 22:1923(2)(n) is hereby enacted to read as follows: a part of the department by law; to provide for the effective termination §1923. Definitions date for all statutory authority for the existence of such statutory entities; As used in this Part, the following terms shall have the meanings indicated and to provide for related matters. in this Section: Be it enacted by the Legislature of Louisiana: * * * Section 1. Pursuant to R.S. 49:193, the Department of Insurance and the (2) “Fraudulent insurance act” shall include but not be limited to acts statutory entities made a part of the department by law shall be re-created or omissions committed by any person who, knowingly and with intent to effective June 30, 2016, and all statutory authority therefor is continued in defraud: accordance with the provisions of Part XII of Chapter 1 of Title 49 of the * * * Louisiana Revised Statutes of 1950. (n) Presents, causes to be presented, or prepares with knowledge or Section 2. All statutory authority for the existence of the Department of belief that it will be presented to the Property Insurance Association of Insurance and the statutory entities made a part of the department as re- Louisiana, any written statement which he knows to contain materially created by Section 1 of this Act shall cease as of July 1, 2023, pursuant to R.S. false information in connection with the grading by the Property Insurance 49:191. However, the Department of Insurance may be re-created prior to Association of Louisiana of a municipality or fire district. such date in accordance with the provisions of Part XII of Chapter 1 of Title * * * 49 of the Louisiana Revised Statutes of 1950. Approved by the Governor, April 29, 2016. Section 3. The provisions of R.S. 49:193 are hereby superseded to the A true copy: extent that those provisions are in conflict with the provisions of this Act. Tom Schedler Section 4. R.S. 49:191(10) is hereby enacted to read as follows: Secretary of State ------

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 1 (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 5 * * * - - - Approved by the Governor, April 29, 2016. HOUSE BILL NO. 515 A true copy: BY REPRESENTATIVE ANDERS Tom Schedler AN ACT Secretary of State To amend and reenact R.S. 3:4215(B)(introductory paragraph), relative to ------exemptions applicable to the inspection of meat; to remove the exemption from inspection applicable to slaughtered animals; and to provide for ACT No. 7 related matters. - - - Be it enacted by the Legislature of Louisiana: HOUSE BILL NO. 179 Section 1. R.S. 3:4215(B)(introductory paragraph) is hereby amended and BY REPRESENTATIVE WHITE AND SENATORS ALARIO, BARROW, reenacted to read as follows: BISHOP, CARTER, CHABERT, GATTI, LONG, LUNEAU, MIZELL, §4215. Exemption; farmers, custom, retailers, restaurants, and similar MORRELL, RISER, GARY SMITH, JOHN SMITH, THOMPSON, AND WARD retail type establishments AN ACT * * * To amend and reenact R.S. 56:143(A) and to enact R.S. 56:8(14.1), relative to B. The provisions of this Chapter requiring inspection of the slaughter of requirements of hunters during open gun season; to add “blaze pink” as animals and the preparation of carcasses, parts thereof, meat and meat food an alternative to the “hunter orange” requirements; and to provide for products shall not apply when all of the following apply: related matters. * * * Be it enacted by the Legislature of Louisiana: Approved by the Governor, April 29, 2016. Section 1. R.S. 56:143(A) is hereby amended and reenacted and R.S. A true copy: 56:8(14.1) is hereby enacted to read as follows: Tom Schedler §8. Definitions Secretary of State For purposes of this Chapter, the following words and phrases have the ------meaning ascribed to them in this Section, unless the context clearly shows a different meaning: ACT No. 6 * * * - - - (14.1) “Blaze pink” means a daylight fluorescent pink color. HOUSE BILL NO. 803 * * * BY REPRESENTATIVE TALBOT §143. “Hunter orange” or “blaze pink” display by hunters with guns AN ACT A. Any person hunting any wildlife during the open gun deer hunting To amend and reenact R.S. 22:236(4), 237.2(4), 524(3), 528(2), 552(2), 1641(4), season and possessing buckshot, slugs, a muzzleloader, or a centerfire rifle and 1981(A)(3), relative to citations in the Insurance Code; to correct shall display on his head, chest, or back a total of not less than four hundred certain citations to definitions of the terms “control” and “person”; and square inches of material of a daylight fluorescent orange color known as to provide for related matters. “hunter orange” or a daylight fluorescent pink color known as “blaze pink”. Be it enacted by the Legislature of Louisiana: Persons hunting on privately owned, legally posted land may wear a cap or Section 1. R.S. 22:236(4), 237.2(4), 524(3), 528(2), 552(2), 1641(4), and 1981(A)(3) a hat that is completely covered with hunter orange or blaze pink material are hereby amended and reenacted to read as follows: in lieu of the foregoing requirement to display four hundred square inches §236. Definitions of hunter orange or blaze pink. These provisions shall not apply to persons As used in this Subpart, the following terms shall have the respective hunting deer from elevated stands on property which is privately owned and meanings hereinafter set forth, unless the context shall otherwise require: legally posted, or to archery deer hunters hunting on legally posted land * * * where firearm hunting is not permitted by agreement of the owner or lessee. (4) “Control” has the meaning set forth in R.S. 22:692. R.S. 22:691.2. * * * * * * Approved by the Governor, May 5, 2016. §237.2. Definitions A true copy: As used in this Subpart, the following terms shall have the respective Tom Schedler meanings hereinafter set forth, unless the context shall otherwise require: Secretary of State * * * ------(4) “Control” means the same as that set forth in R.S. 22:692. R.S. 22:691.2. * * * ACT No. 8 §524. Title insurance producer; restrictions - - - The title insurance producer shall not: HOUSE BILL NO. 194 * * * BY REPRESENTATIVES JAMES AND HUNTER (3) Jointly employ an individual who is employed with the title insurer AND SENATORS CARTER AND MILLS unless the title insurer and the title insurance producer are affiliated or AN ACT otherwise under common control as defined by R.S. 22:692(3). R.S. 22:691.2. To enact Code of Criminal Procedure Article 983(F)(5), relative to * * * expungement of arrest records in misdemeanor and felony cases; to §528. Title insurer; restrictions provide for an exemption of fees in certain expungement cases; and to A title insurer shall not: provide for related matters. * * * Be it enacted by the Legislature of Louisiana: (2) Jointly employ an individual who is employed with the title insurance Section 1. Code of Criminal Procedure Article 983(F)(5) is hereby enacted producer unless the title insurer and the title insurance producer are to read as follows: affiliated or otherwise under common control as defined by R.S. 22:692(3). Art. 983. Costs of expungement of a record; fees; collection; exemptions; R.S. 22:691.2. disbursements * * * * * * §552. Definitions F. An applicant for the expungement of a record shall not be required As used in this Part, the following terms shall have the respective meanings to pay any fee to the clerk of court, the Louisiana Bureau of Criminal hereinafter set forth, unless the context shall otherwise require: Identification and Information, sheriff, the district attorney, or any other * * * agency to obtain or execute an order of a court of competent jurisdiction (2) “Control” or “controlled” has the meaning as defined in R.S. 22:692(3). to expunge the arrest from the individual’s arrest record if a certification R.S. 22:691.2. obtained from the district attorney is presented to the clerk of court which * * * verifies that the applicant has no felony convictions and no pending felony §1641. Definitions charges under a bill of information or indictment and at least one of the As used in this Part, unless the context requires otherwise, the following following applies: definitions shall be applicable: * * * * * * (5) Concerning the arrest record which the applicant seeks to expunge, (4) “Control” means as defined in R.S. 22:692. R.S. 22:691.2. the applicant was determined by the district attorney to be a victim of a * * * violation of R.S. 14:67.3 (unauthorized use of “access card”), a violation of §1981. Commissioner of insurance to examine insurers and producers R.S. 14:67.16 (identity theft), a violation of R.S. 14:70.4 (access device fraud), A. or a violation of any other crime which involves the unlawful use of the * * * identity or personal information of the applicant. (3) For purposes of completing an examination of any company under this * * * Chapter, and in addition to any other power granted to the commissioner Approved by the Governor, May 5, 2016. by this Code, the commissioner may examine or investigate any person, A true copy: as defined in R.S. 22:692(7), R.S. 22:691.2 or the business of any person, in Tom Schedler so far as such examination or investigation is, in the sole discretion of the Secretary of State commissioner, necessary or material to the examination of the company. ------THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 2 (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 9 The board may: - - - * * * HOUSE BILL NO. 516 (2) Establish and impose assessments on the sale of milk solids, milk BY REPRESENTATIVE ANDERS fats, and fluid milk components, subject to the limitations contained in R.S. AN ACT 3:4158 and R.S. 3:4159. To amend and reenact R.S. 3:559.23(B), (D), and (F), 559.25(A)(6), and 559.27(A), * * * and to repeal R.S. 3:559.23(C) and 559.26, relative to the Louisiana Aquatic §4159. Assessment Chelonian Research and Promotion Board; to provide for the board A. The board is hereby authorized to levy an assessment not to exceed membership; to repeal referendums associated with the board; and to ten cents per hundredweight, or equivalent thereof, on all milk solids, provide for related matters. milk fats, or fluid milk components sold. The assessment shall be due and Be it enacted by the Legislature of Louisiana: payable at the first point of sale. The assessment shall be paid by each dairy Section 1. R.S. 3:559.23(B), (D), and (F), 559.25(A)(6), and 559.27(A) are producer who sells milk solids, milk fats, or fluid milk components to dairy hereby amended and reenacted to read as follows: cooperative associations, processors, or distributors. No assessment shall §559.23. Louisiana Aquatic Chelonian Research and Promotion Board be levied or collected until approved by a majority of dairy producers voting * * * in a referendum conducted in accordance with R.S. 3:4158. B.(1) The board shall consist of ten six members, nine five of whom shall * * * be licensed turtle farmers appointed by the commissioner and confirmed by §4160. Failure to pay assessment; penalty the Senate, as follows:. A. Each dairy cooperative association, processor, or distributor who fails (2) The commissioner, or his designee, shall serve ex officio and shall have to file any report required by the board or to pay the assessmentauthorized all rights and responsibilities of appointed members. The commissioner or in R.S. 3:4159 after approval in a referendum of dairy producers within the his designee shall be counted for purposes of constituting a quorum. time prescribed by this Part shall forfeit to the commissioner the amount of (1) Two members shall be licensed farmers appointed from a list of four the assessment plus a penalty of ten percent of the assessment due, plus one persons nominated by the Louisiana Turtle Farmers Association. percent of the assessment due for each month, or fraction thereof, of delay (2) Two members shall be licensed farmers appointed from a list of four after the due date for payment of the assessment. persons nominated by the Independent Turtle Farmers of Louisiana, Inc. * * * (3) Two members shall be licensed farmers appointed from a list of four Section 2. R.S. 3:4156(3) and 4158 are hereby repealed in their entirety. persons nominated by the Pet Turtle Cooperative Association, Inc. Approved by the Governor, May 5, 2016. (4) Two members shall be licensed farmers who are not a member of any of A true copy: the trade organizations listed in this Subsection. Tom Schedler (5) One member with knowledge of the aquatic chelonian industry shall be Secretary of State appointed at large. ------D. At the same time and in the same manner, the commissioner shall appoint one alternate for each appointed member. The alternate appointed ACT No. 11 to represent a member nominated by a trade group shall be appointed - - - from the list of four persons submitted by the respective trade group. Each HOUSE BILL NO. 588 alternate member shall be a licensed turtle farmer. When a member is BY REPRESENTATIVE ROBERT JOHNSON unable to be present at any meeting of the board, his alternate shall serve AN ACT in his place. Any alternate serving in the place of a member shall exercise To amend and reenact R.S. 47:299.5, relative to fees for offset claims; to all of the powers vested by law in the member, including the right to vote. provide for the fee for each offset claim charged to the Department of * * * Children and Family Services; to provide for the fee for each offset claim F. Vacancies in the offices of the members and alternates shall be filled charged to certain public defenders’ offices; and to provide for related in the same manner as the original appointments. If the position of any matters. member or alternate appointed from a list of persons submitted by one of the Be it enacted by the Legislature of Louisiana: trade groups named in this Section becomes vacant, then the commissioner Section 1. R.S. 47:299.5 is hereby amended and reenacted to read as follows: shall call for a list of names from the appropriate trade group. If any trade §299.5. Procedure for making offset claims group named in this Section becomes defunct or does not submit a full list A. Any agency making an offset claim to the secretary shall make the of names to the commissioner within thirty days after he requests a list claim in writing to the office of the secretary and shall include with regard of names, then the commissioner may appoint any licensed turtle farmer to each claim information required by promulgated rule and regulation of not already appointed to the board to fill a vacancy. Persons appointed to the secretary as provided for in this Part. Such writing shall also include a fill vacancies shall serve out the unexpired portion of the memberships to certification by the agency that the debts for which claims of offset are made which they have been appointed. are legally collectible, liquidated sums due and owing the agency or due and * * * owing a person and collectible by the agency. §559.25. Powers The B.(1) Except as provided in Paragraphs (2) and (3) of this Subsection, A. The board shall have the following powers: the agency shall pay to the secretary a fee of twenty-five dollars for each * * * offset claim. (6) To annually adjust the amount of assessment in accordance with the (2) The Department of Children and Family Services shall pay to the needs of the aquatic chelonian industry, but not to exceed the amount of secretary a fee of four dollars for each offset claim. one cent per aquatic chelonian as authorized by this Part and approved by (3) District public defenders’ offices shall pay to the secretary a fee of four referendum. dollars for each offset claim. * * * Approved by the Governor, May 5, 2016. §559.27. Assessment on aquatic chelonians; collection; refunds; costs A true copy: A. An assessment may be levied on all aquatic chelonians produced in Tom Schedler Louisiana, subject to approval in a referendum authorized by this Part. The Secretary of State amount of the assessment shall be set by the board, but shall not exceed one ------cent per aquatic chelonian. * * * ACT No. 12 Section 2. R.S. 3:559.23(C) and 559.26 are hereby repealed in their entirety. - - - Approved by the Governor, May 5, 2016. HOUSE BILL NO. 592 A true copy: BY REPRESENTATIVE ANDERS Tom Schedler AN ACT Secretary of State To amend and reenact R.S. 3:3412(G), (H), (I), (J), and (K) and 3412.1(I), (J), ------and (K) and to enact R.S. 3:3409(H)(4), 3412(L), and 3412.1(L), relative to the Agricultural Commodity Dealer and Warehouse Law; to provide ACT No. 10 guidelines for payment of claims under the agricultural commodity dealer - - - and warehouse law; to provide guidelines for payments by the commission HOUSE BILL NO. 523 using the self-insurance fund; to provide guidelines for payments by the BY REPRESENTATIVE ROBBY CARTER commission using grain and cotton indemnity funds; and to provide for AN ACT related matters. To amend and reenact R.S. 3:4156(2), 4159(A), and 4160(A) and to repeal R.S. Be it enacted by the Legislature of Louisiana: 3:4156(3) and 4158, relative to the Dairy Industry Promotion Law; to provide Section 1. R.S. 3:3412(G), (H), (I), (J), and (K) and 3412.1(I), (J), and (K) are for the removal of referendum criteria from the Dairy Industry Promotion hereby amended and reenacted and R.S. 3:3409(H)(4), 3412(L), and 3412.1(L) Board; and to provide for related matters. are hereby enacted to read as follows: Be it enacted by the Legislature of Louisiana: §3409. Security and provisional stock insurance required as a condition of Section 1. R.S. 3:4156(2), 4159(A), and 4160(A) are hereby amended and license, time of filing; amount of security; approval; notice of cancellation; reenacted to read as follows: changes in licensed capacity; failure to maintain security and insurance in §4156. Powers and duties of the board full force and effect THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 3 (House Bills) and underscored and boldfaced (Senate Bills) are additions. * * * (1) Identified those crops, farm products, or agricultural commodities as H. The commission shall be the sole owner of the security and shall be collateral. the sole party entitled to sue upon, recover, or enforce the security. Any (2) Was indexed under that producer’s name as debtor. other person or party, including, without limitation, any licensee, person, (3) Was filed in the office designated for filing a financing statement against producer, cotton farmer or agent, or creditor who has a claim against a the producer covering that collateral. licensee, shall have no ownership or other interest in the security and shall I. J. Expenses incurred by the commission in administrating the Grain and have no right to sue upon, recover, or enforce the security, except pursuant Cotton Indemnity Fund shall be reimbursable from the fund. Administrative to the commission’s administrative procedures. expenses shall be paid in priority to all other payments. * * * J. K. Any licensee who knowingly or intentionally refuses or fails to collect (4) Notwithstanding any other provision of law to the contrary, when the assessment required under this Section or to submit any assessment paying any claim on the security under this Chapter, the commission shall collected from producers to the commission for deposit in the Grain and make payments jointly payable to the claimant and to all other secured Cotton Indemnity Fund shall be subject to civil penalties. parties and lienholders that, ten days before the payment date, hold a K. L. Money paid from the Grain and Cotton Indemnity Fund in security interest in or a lien on the crops, farm products, or agricultural satisfaction of a valid claim constitutes a debt obligation of the person commodities, perfected by the filing of a financing statement that: against whom the claim was made. The commission may take action on (a) Identified those crops, farm products, or agricultural commodities as behalf of the fund against a person to recover the amount of payment made, collateral. plus reasonable costs, including court costs, incurred by the commission (b) Was indexed under that producer’s name as debtor. in obtaining recovery, legal interest from the date of payment of any claim, (c) Was filed in the office designated for filing a financing statement against and reasonable attorney fees. As a condition of payment of a claim from the the producer covering that collateral. Grain and Cotton Indemnity Fund, the claimant shall subrogate its interest, * * * if any, to the commission in a cause of action against all parties, to the §3412. Self‑insurance fund amount of the loss that the claimant was reimbursed by the fund. * * * Approved by the Governor, May 5, 2016. G. Notwithstanding any other provision of law to the contrary, if the A true copy: commission pays a claim using self-insurance program funds, all payments Tom Schedler shall be made jointly payable to the claimant and to all secured parties and Secretary of State lienholders that, ten days before the payment date, hold a security interest ------in or a lien on the crops, farm products, or agricultural commodities, perfected by the filing of a financing statement that: ACT No. 13 (1) Identified those crops, farm products, or agricultural commodities as - - - collateral. SENATE BILL NO. 32 (2) Was indexed under that producer’s name as debtor. BY SENATOR BOUDREAUX (3) Was filed in the office designated for filing a financing statement against AN ACT the producer covering that collateral. To enact R.S. 47:338.24.3, relative to municipal sales and use taxes; to G. H. Expenses incurred by the commission in administering the self- authorize the governing authority for the city of Carencro to levy and collect insurance program shall be reimbursable from the funds collected under an additional sales and use tax; to require voter approval; to provide for the program. Administrative expenses shall be paid in priority to all other the use of the tax revenues; and to provide for related matters. payments. Notice of intention to introduce this Act has been published. H. I. A licensee who knowingly or intentionally refuses or fails to pay into Be it enacted by the Legislature of Louisiana: the self-insurance program any funds due pursuant to this Chapter shall be Section 1. R.S. 47:338.24.3 is hereby enacted to read as follows: subject to civil penalties. §338.24.3. City of Carencro; authority to levy additional sales and use tax I. J. Money paid from the self-insurance program in satisfaction of a valid A. The governing authority of the city of Carencro may levy and collect an claim shall constitute a debt obligation of the licensee against whom the claim additional sales and use tax not in excess of one percent within the corporate was made. The commission may take action on behalf of the self-insurance limits of the municipality. program against such person to recover the amount of payment made plus B. The tax authorized by this Section shall be in addition to all other taxes reasonable costs, including court costs, incurred by the commission in which the city of Carencro is authorized to levy and, pursuant to Section 29(B) of obtaining recovery, legal interest from the date of payment of any claim, Article VI of the Constitution of Louisiana, shall not be subject to the combined and reasonable attorney fees. As a condition of payment of a claim from the rate limitation established in Section 29(A) of Article VI of the Constitution of self-insurance program, the claimant shall subrogate his interest, if any, to Louisiana nor to the rate limitations established by R.S. 47:338.1 and 338.54, the commission in a cause of action against all parties, to the amount of the nor shall it be included in the rate limitation of any other political subdivision. loss that the claimant was reimbursed by the self-insurance program. The authority granted in this Section shall not limit any prior taxing authority J. K. The commission may charge fees for participation in the program granted to the city of Carencro or any other political subdivision by any established in this Section. The amount of the fees shall be fixed by rule other provision of law, including any authority granted to any other political adopted in accordance with the Administrative Procedure Act. subdivision to exceed any constitutional or statutory rate limitations. K. L. The fees charged under this Section shall be subject to the following C. The sales and use tax shall be imposed by ordinance of the governing provisions: authority of the city of Carencro and shall be levied upon the sale at retail, the (1) All fees shall be deposited immediately upon receipt in the state use, lease, or rental, the consumption, and the storage for use or consumption treasury. of tangible personal property and on sales of services, all as defined in Chapter (2) After compliance with the requirements of Article VII, Section 9 of 2-D of this Subtitle; however, the ordinance imposing the tax shall be adopted the Constitution of Louisiana relative to the Bond Security and Redemption only after the proposed tax is approved by a majority of the qualified electors Fund, and prior to monies being placed in the state general fund, an amount voting on the proposition at an election held for that purpose and conducted in equal to that deposited as required by Paragraph (1) of this Subsection accordance with the Louisiana Election Code. shall be credited to a special fund hereby created in the state treasury to D. The sales and use tax authorized by this Section shall be collected at the be known as the Agricultural Commodity Commission Self‑Insurance Fund. same time and in the same manner as set forth in Chapter 2-D of this Subtitle. The monies in this fund shall be used solely as provided in Paragraph (3) of E. The proceeds of the tax authorized by this Section may be used for such this Subsection and only in the amounts appropriated by the legislature. All lawful purposes as are determined by the governing authority of the city of unexpended and unencumbered monies in this fund at the end of each fiscal Carencro, and permitted by the election proposition authorizing the levy of the year shall remain in this fund. The monies in this fund shall be invested by tax. the state treasurer in the same manner as monies in the state general fund, Section 2. This Act shall become effective upon signature by the governor and interest earned on the investment of these monies shall be credited to or, if not signed by the governor, upon expiration of the time for bills to this fund, again, following compliance with the requirement of Article VII, become law without signature by the governor, as provided by Article III, Section 9 relative to the Bond Security and Redemption Fund. Section 18 of the Constitution of Louisiana. If vetoed by the governor and (3) The monies in the Agricultural Commodity Commission Self‑Insurance subsequently approved by the legislature, this Act shall become effective on Fund shall be used solely for the administration and operation of the the day following such approval. program of self insurance provided for in this Section. Approved by the Governor, May 9, 2016. §3412.1. Grain and Cotton Indemnity Fund; creation; assessment; rules A true copy: and regulations; suspension of assessment; eligibility for reimbursement; Tom Schedler availability of money; prorated claims; reimbursement for administrative Secretary of State expenses; failure to pay; subrogation ------* * * I. Notwithstanding any other provision of law to the contrary, if the commission pays a claim using Grain and Cotton Indemnity Funds, all payments shall be made jointly payable to the claimant and to all secured parties and lienholders that, ten days before the payment date, hold a security interest in or a lien on the crops, farm products, or agricultural commodities, perfected by the filing of a financing statement that: THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 4 (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 14 Approved by the Governor, May 9, 2016. - - - A true copy: SENATE BILL NO. 63 Tom Schedler BY SENATOR WALSWORTH Secretary of State AN ACT ------To amend and reenact R.S. 36:851(A), and to repeal Chapter 5-N of Title 25 of the Louisiana Revised Statutes of 1950, comprised of R.S. 25:380.111 ACT No. 16 and 380.114 through 380.116, and R.S. 36:744(Y), relative to the Chennault - - - Aviation and Military Museum of Louisiana; to remove the museum from SENATE BILL NO. 139 the jurisdiction of the Department of State and to delete all statutory BY SENATOR RISER provisions relative to the museum; and to provide for related matters. AN ACT Be it enacted by the Legislature of Louisiana: To repeal Chapter 5-S of Title 25 of the Louisiana Revised Statutes of 1950, Section 1. R.S. 36:851(A) is hereby amended and reenacted to read as comprised of R.S. 25:380.161 through 380.167, and to repeal R.S. 36:744(CC) follows: and 801.23, relative to the Schepis Museum; to remove the museum from §851. Transfer; merger and consolidation of functions the jurisdiction of the Department of State and to delete all statutory A. The powers, duties, functions, responsibilities, programs, and provisions relative to the museum and its advisory board; and to provide operations as vested by the constitution and laws of this state, of each of for related matters. the agencies transferred by the provisions of R.S. 36:209(B), 259(C), 409(O), Be it enacted by the Legislature of Louisiana: 610(D), and 744(U) and (Y) upon and after the date of each such transfer Section 1. Chapter 5-S of Title 25 of the Louisiana Revised Statutes of 1950, shall be exercised by and be under the administration and control of the comprised of R.S. 25:380.161 through 380.167, is hereby repealed. secretary of the department to which each is transferred, except for those Section 2. R.S. 36:744(CC) and 801.23 are hereby repealed. functions of each which are required to be performed and administered by Section 3. This Act shall become effective upon signature by the governor the undersecretary of each department, as heretofore provided for each by or, if not signed by the governor, upon expiration of the time for bills to this Title. 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 Section 2. Chapter 5-N of Title 25 of the Louisiana Revised Statutes of 1950, subsequently approved by the legislature, this Act shall become effective on comprised of R.S. 25:380.111 and 380.114 through 380.116, is hereby repealed. the day following such approval. Section 3. R.S. 36:744(Y) is hereby repealed. Approved by the Governor, May 9, 2016. Section 4. This Act shall become effective upon signature by the governor A true copy: or, if not signed by the governor, upon expiration of the time for bills to Tom Schedler become law without signature by the governor, as provided by Article III, Secretary of State 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 9, 2016. ACT No. 17 A true copy: - - - Tom Schedler HOUSE BILL NO. 1 Secretary of State General Appropriations ------will publish in a later edition.

ACT No. 15 - - - ACT No. 18 SENATE BILL NO. 110 - - - BY SENATOR WARD SENATE BILL NO. 174 AN ACT BY SENATORS DONAHUE, ALLAIN, APPEL, CHABERT, JOHNS, To enact R.S. 49:191(9)(b) and to repeal R.S. 49:191(6)(b), relative to the LONG, MARTINY, MORRISH, RISER, TARVER AND THOMPSON AND Department of Culture, Recreation and Tourism, including provisions to REPRESENTATIVES AMEDEE, BAGNERIS, CARMODY, CARPENTER, provide for the re‑creation of the Department of Culture, Recreation and STEVE CARTER, DAVIS, HOFFMANN, JAMES, NANCY LANDRY, LYONS Tourism and the statutory entities made a part of the department by law; AND PRICE to provide for the effective termination date for all statutory authority for AN ACT the existence of such statutory entities; and to provide for related matters. To amend and reenact R.S. 17:5002(A), (B) and (D), and 5024(B)(1)(a), relative Be it enacted by the Legislature of Louisiana: to the Taylor Opportunity Program for Students; to provide relative to Section 1. Pursuant to R.S. 49:193, the Department of Culture, Recreation the minimum American College Test score required for eligibility for the and Tourism and the statutory entities made a part of the department by Opportunity award; to provide with respect to the monetary amounts for law shall be re-created effective June 30, 2016, and all statutory authority awards granted pursuant to the program; to provide relative to future therefor is continued in accordance with the provisions of Part XII of increases in award amounts; and to provide for related matters. Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950. Be it enacted by the Legislature of Louisiana: Section 2. All statutory authority for the existence of the Department of Section 1. R.S. 17:5002(A), (B) and (D), and 5024(B)(1)(a) are hereby amended Culture, Recreation and Tourism and the statutory entities made a part and reenacted to read as follows: of the department as re-created by Section 1 of this Act shall cease as of §5002. Awards and amounts July 1, 2021, pursuant to R.S. 49:191. However the Department of Culture, A. (1) A student shall be eligible for an Opportunity, Performance, Honors, Recreation and Tourism may be re-created prior to such date in accordance or TOPS‑Tech Award based on his academic achievement. with the provisions of Part XII of Chapter 1 of Title 49 of the Louisiana (2) The award amount as provided for in Subsection B or D of this Section to Revised Statutes of 1950. a student enrolled in any given institution shall be equal to the award amount Section 3. The provisions of R.S. 49:193 are hereby superseded to the paid for a student at that institution during the 2016-2017 academic year unless extent that those provisions are in conflict with the provisions of this Act. the legislature, by law, increases the award amount. Section 4. R.S. 49:191(9)(b) is hereby enacted to read as follows: B. Any student who is eligible for an Opportunity, Performance, or Honors §191. Termination of legislative authority for existence of statutory entities; Award pursuant to this Chapter and who has enrolled: phase out phase‑out period for statutory entities; table of dates (1) In any public college or university in this state, shall be awarded by Notwithstanding any termination dates set by any previous Act of the the state an amount determined by the administering agency to equal the legislature, the statutory entities set forth in this Section shall begin to tuition charged by the public college or university during the 2016-2017 terminate their operations on July first of each of the following years, and academic year. all legislative authority for the existence of any statutory entity, as defined (2) At any regionally accredited independent college or university in the in R.S. 49:190, shall cease as of July first of the following year, which shall be state which is a member of the Louisiana Association of Independent Colleges the termination date: and Universities to pursue an academic undergraduate degree, shall be * * * awarded by the state an amount to be determined by the administering (9) July 1, 2020: agency to equal the weighted average of amounts paid under this Section * * * for students attending public colleges and universities that offer academic (b) The Department of Culture, Recreation and Tourism and all statutory undergraduate degrees at the baccalaureate level during the 2016-2017 entities made a part of the department by law. academic year. Section 5. R.S. 49:191(6)(b) is hereby repealed in its entirety. (3) In a school that has a valid and current certificate of registration issued Section 6. This Act shall become effective on June 30, 2016; if vetoed by by the Louisiana State Board of Cosmetology in accordance with law and that the governor and subsequently approved by the legislature, this Act shall is accredited by an accrediting organization recognized by the United States become effective on June 30, 2016, or on the day following such approval by Department of Education or in any proprietary school that has a valid and the legislature, whichever is later. current license issued by the Board of Regents in accordance with law and that is accredited by an accrediting organization recognized by the United THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 5 (House Bills) and underscored and boldfaced (Senate Bills) are additions. States Department of Education, shall be awarded by the state an amount §1821. Board of trustees; membership; term of office; oath of office; determined by the administering agency to equal the weighted average of compensation; voting power; vacancies amounts paid under this Section for students attending public colleges and * * * universities during the 2016-2017 academic year and who are enrolled in the B. The board shall be composed of eleven trustees as follows: permitted skill or occupational training, as may be applicable. (1) Three active and contributing members of the system each of whom (4) In an out‑of‑state college or university that is specifically designed is an elected official elected to office in accordance with the Louisiana to accommodate deaf and hard‑of‑hearing students under R.S. 17:5027(C), Election Code and has at least ten years of creditable service. shall be awarded an amount determined by the administering agency to (2) Three active and contributing members of the system who are not equal the weighted average of amounts paid under this Section for students elected officials elected to office in accordance with the Louisiana Election attending Louisiana public colleges and universities that offer academic Code, each of whom has at least ten years of creditable service. undergraduate degrees during the 2016-2017 academic year. (3) The president of the Louisiana Municipal Association, who shall serve * * * as an ex officio member during his tenure, or his designee. D.(1) Except as otherwise provided in this Subsection, a student who is (4) The chairman of the Senate Committee on Retirement, who shall serve eligible for a TOPS‑Tech Award pursuant to this Chapter and who is enrolled: as a voting an ex officio member, or his designee. (a) In an eligible public college or university that does not offer an academic (5) The chairman of the House Committee on Retirement, who shall serve undergraduate degree at the baccalaureate level in those associate’s degree as a voting an ex officio member, or his designee. or other shorter‑term training and education programs that are aligned to (6) The commissioner of administration, who shall be a nonvoting serve as state workforce priorities as determined by the Board of Regents and the an ex officio member, or his designee. Louisiana Workforce Investment Council shall be awarded by the state an (7) The state treasurer, who shall be a nonvoting serve as an ex officio amount determined by the administering agency to equal the tuition charged member, or his designee. by the college or university during the 2016-2017 academic year. If the Board * * * of Regents and the Louisiana Workforce Investment Council determine that Section 2. This Act shall become effective upon signature by the governor a program is no longer aligned with those priorities, an otherwise eligible or, if not signed by the governor, upon expiration of the time for bills to student who had previously received an award and enrolled in that program become law without signature by the governor, as provided by Article III, may continue to use the award. Section 18 of the Constitution of Louisiana. If vetoed by the governor and (b) In an eligible college or university other than as provided for in subsequently approved by the legislature, this Act shall become effective on Subparagraph (a) of this Paragraph in those associate’s degree or other the day following such approval. shorter-term training education programs that are aligned to state workforce Approved by the Governor, May 9, 2016. priorities as determined by the Board of Regents and the Louisiana A true copy: Workforce Investment Council shall be awarded by the state an amount Tom Schedler determined by the administering agency to equal the weighted average of Secretary of State amounts paid to students attending an eligible public college or university ------that does not offer an academic undergraduate degree at the baccalaureate level during the 2016-2017 academic year. If the Board of Regents and the ACT No. 20 Louisiana Workforce Investment Council determine that a program is no - - - longer aligned with those priorities, an otherwise eligible student who had HOUSE BILL NO. 100 previously received an award and enrolled in that program may continue to BY REPRESENTATIVES TERRY BROWN, ADAMS, CARPENTER, STEVE use the award. CARTER, GISCLAIR, GUINN, HALL, HILL, HOWARD, MONTOUCET, (2) A student who graduated prior to the 2016‑2017 school year, who is NORTON, AND PIERRE eligible for a TOPS‑Tech Award pursuant to this Chapter, and who is enrolled: AN ACT (a) In an eligible college or university that does not offer an academic To redesignate the section of United States Highway 165 in Grant Parish in undergraduate degree at the baccalaureate level shall be awarded by the memory of Captain Ronald David Bennett. state an amount determined by the administering agency to equal the tuition Be it enacted by the Legislature of Louisiana: charged by the college or university during the 2016-2017 academic year. Section 1. The section of United States Highway 165 within Grant Parish (b) In an eligible college or university other than as provided for in shall be known as and hereby redesignated as the “Captain Ronald David Subparagraph (a) of this Paragraph shall be awarded by the state an amount Bennett Memorial Highway”. determined by the administering agency to equal the weighted average of Section 2. The Department of Transportation and Development or its amounts paid to students attending an eligible public college or university contractors are hereby directed to erect and maintain appropriate signage that does not offer an academic undergraduate degree at the baccalaureate reflecting this designation. level during the 2016-2017 academic year. Approved by the Governor, May 9, 2016. * * * A true copy: §5024. Academic requirements Tom Schedler * * * Secretary of State B.(1) Except as otherwise provided by this Subsection, a student shall earn ------the following minimum test scores for the respective awards: (a) For an Opportunity Award, a composite score on the 1990 version of the ACT No. 21 ACT which is at least equal to or higher than the state’s average composite - - - score, rounded to the nearest truncated to a whole number, reported for the HOUSE BILL NO. 109 prior year but never less than twenty or an equivalent concordant value on BY REPRESENTATIVE TERRY BROWN an enhanced or revised version of such test or on the SAT. AN ACT * * * To amend and reenact R.S. 47:463.4(B)(6), relative to hang tags for persons Section 2. This Act shall become effective upon signature by the governor with mobility impairments; to provide for the issuance of multiple hang or, if not signed by the governor, upon expiration of the time for bills to tags for persons with mobility impairments; and to provide for related become law without signature by the governor, as provided by Article III, matters. Section 18 of the Constitution of Louisiana. If vetoed by the governor and Be it enacted by the Legislature of Louisiana: subsequently approved by the legislature, this Act shall become effective on Section 1. R.S. 47:463.4(B)(6) is hereby amended and reenacted to read as the day following such approval. follows: Approved by the Governor, May 9, 2016. §463.4. Special license plates or hang tags for persons with mobility A true copy: impairments Tom Schedler * * * Secretary of State B. ------* * * (6) If the commissioner of motor vehicles, in his discretion, finds that ACT No. 19 appropriate circumstances exist, an additional hang tag up to three - - - additional hang tags may be issued on behalf of a person with a mobility HOUSE BILL NO. 12 impairment. if his parents are divorced and residing in separate households BY REPRESENTATIVE PEARSON and if he is dependent on both parents. AN ACT * * * To amend and reenact R.S. 11:1821(B), relative to the board of trustees of the Approved by the Governor, May 9, 2016. Municipal Employees’ Retirement System; to grant certain trustees and A true copy: their designees the authority to vote; and to provide for related matters. Tom Schedler Notice of intention to introduce this Act has been published as provided by Secretary of State Article X, Section 29(C) of the Constitution of Louisiana. ------Be it enacted by the Legislature of Louisiana: Section 1. R.S. 11:1821(B) is hereby amended and reenacted to read as follows: THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 6 (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 22 E. Upon resignation or termination of a commissioned police officer who - - - has been issued a special prestige license plate pursuant to this Section, the HOUSE BILL NO. 110 chief official of the employing law enforcement agency from which the person BY REPRESENTATIVES HORTON, ADAMS, BACALA, BARRAS, BISHOP, resigned from or was terminated by shall provide the secretary a written TERRY BROWN, CARMODY, CARPENTER, STEVE CARTER, CONNICK, statement on his letterhead notifying the secretary of such termination or COUSSAN, COX, DAVIS, DWIGHT, EDMONDS, EMERSON, FRANKLIN, resignation. GAROFALO, GISCLAIR, GLOVER, GUINN, HALL, LANCE HARRIS, Approved by the Governor, May 9, 2016. HILFERTY, HILL, HOWARD, HUNTER, JACKSON, JAMES, JEFFERSON, A true copy: JENKINS, MIKE JOHNSON, LEGER, MONTOUCET, JAY MORRIS, JIM Tom Schedler MORRIS, NORTON, PIERRE, PUGH, PYLANT, SEABAUGH, SMITH, Secretary of State WILLMOTT, AND ZERINGUE AND SENATORS ALARIO, APPEL, ------CARTER, CORTEZ, DONAHUE, ERDEY, GATTI, JOHNS, LAFLEUR, LAMBERT, LONG, MILKOVICH, MILLS, PEACOCK, PERRY, RISER, JOHN ACT No. 25 SMITH, THOMPSON, WALSWORTH, WARD, AND WHITE - - - AN ACT HOUSE BILL NO. 236 To designate a bridge located on Louisiana Highway 154 in Bossier Parish BY REPRESENTATIVES THIBAUT, ABRAHAM, AMEDEE, ANDERS, as the “Officer Thomas LaValley Memorial Bridge”; and to provide for ARMES, BACALA, BAGLEY, BAGNERIS, BARRAS, BERTHELOT, related matters. BOUIE, BROADWATER, CHAD BROWN, TERRY BROWN, CARMODY, Be it enacted by the Legislature of Louisiana: CARPENTER, GARY CARTER, STEVE CARTER, CHANEY, CONNICK, Section 1. The Louisiana Highway 154 bridge which crosses the south COUSSAN, COX, CROMER, DAVIS, DEVILLIER, DWIGHT, EMERSON, end of Lake Bistineau in Bossier Parish shall be hereinafter known and FALCONER, FOIL, GISCLAIR, GLOVER, GUINN, LANCE HARRIS, designated as the “Officer Thomas LaValley Memorial Bridge”. HAZEL, HENRY, HILFERTY, HODGES, HOFFMANN, HORTON, Section 2. The Department of Transportation and Development and its HOWARD, IVEY, JACKSON, JAMES, JEFFERSON, JENKINS, MIKE contractors are hereby directed to erect and maintain appropriate signage JOHNSON, JONES, LEBAS, LEGER, LYONS, MACK, MARCELLE, reflecting this designation. MIGUEZ, GREGORY MILLER, MONTOUCET, JAY MORRIS, JIM MORRIS, Approved by the Governor, May 9, 2016. POPE, PRICE, REYNOLDS, RICHARD, SCHEXNAYDER, SEABAUGH, A true copy: SHADOIN, SMITH, STOKES, WHITE, WILLMOTT, AND ZERINGUE Tom Schedler AN ACT Secretary of State To amend and reenact R.S. 47:303(B)(1)(b) and to enact R.S. 47:303(B)(3)(b) ------(vi) and 502.3, relative to sales and use taxes for motor vehicles owned by or registered to military service persons or their spouses; to provide ACT No. 23 additional time to pay sales and use taxes on motor vehicles owned by or - - - registered to military service persons or spouses following separation HOUSE BILL NO. 120 from active duty from any branch of the armed forces of the United States; BY REPRESENTATIVE ARMES to provide for an effective date; and to provide for related matters. AN ACT Be it enacted by the Legislature of Louisiana: To designate a portion of United States Highway 171 in Vernon Parish as the Section 1. R.S. 47:303(B)(1)(b) is hereby amended and reenacted and R.S. “Paul R. Nicholas Memorial Highway”; and to provide for related matters. 47:303(B)(3)(b)(vi) and 502.3 are hereby enacted to read as follows: Be it enacted by the Legislature of Louisiana: §303. Collection Section 1. The portion of United States Highway 171, commonly referred * * * to as Shreveport Highway, in Vernon Parish between its intersection of B. Collection of tax on vehicles. The tax imposed by R.S. 47:302(A) on the Louisiana Highway 28, commonly referred to as Alexandria Highway, and sale or use of any motor vehicle, automobile, motorcycle, truck, truck‑tractor, Louisiana Highway 8 just north of the town of Leesville, and its intersection trailer, semi‑trailer, motor bus, house trailer, or any other vehicle subject to with Louisiana Highway 8 in Leesville, commonly referred to as Nolan the vehicle registration license tax shall be collected as provided in this Trace Parkway, shall be hereinafter known and designated as the “Paul R. Subsection. Nicholas Memorial Highway”. (1) The tax levied by R.S. 47:302(A) on any such vehicle shall be paid to the Section 2. The Department of Transportation and Development and its vehicle commissioner as the agent of the collector of revenue at the time contractors are hereby directed to erect and maintain appropriate signage of application for a certificate of title or vehicle registration license and of this designation. such tax shall be administered and collected by the vehicle commissioner Approved by the Governor, May 9, 2016. in compliance with rules and regulations issued by the collector of revenue A true copy: and in compliance with the law as construed by the collector of revenue. No Tom Schedler certificate of title or vehicle registration license shall be issued until this Secretary of State tax has been paid. The collector of revenue shall be the only proper party ------to defend or to institute any legal action involving the tax imposed by R.S. 47:302(A) on the sale or use of any motor vehicle, automobile, motorcycle, ACT No. 24 truck, truck‑tractor, trailer, semi‑trailer, motor bus, house trailer or any - - - other vehicle subject to the vehicle registration license tax. (R.S. 47:451 et HOUSE BILL NO. 128 seq.). BY REPRESENTATIVE TERRY BROWN * * * AN ACT (b) The tax levied by R.S. 47:302(A)(2) on the use of any such vehicle in this To amend and reenact R.S. 47:463.111(A) and (B) and to enact R.S. 47:463.111(E), state shall be due at the time first registration in this state is required by relative to special prestige license plates issued to commissioned police the Vehicle Registration License Tax Law (R.S. 47:451 et seq.). subject to the officers; to provide for changes to the eligibility requirements for a following: commissioned police officer special prestige license plate; to require (i) However, the The vehicle commissioner shall waive penalties or interest employing law enforcement agencies undertake certain actions when a on use tax on timely filed applications for registration rejected due to office person who has been issued a commissioned police officer special prestige of motor vehicles error. license plate is terminated or resigns; and to provide for related matters. (ii) A person or their spouse shall have ninety days following either’s Be it enacted by the Legislature of Louisiana: separation from active duty from any branch of the armed forces of the United Section 1. R.S. 47:463.111(A) and (B) are hereby amended and reenacted States to remit the tax levied by R.S. 47:302(A)(2) on any vehicle registered in and R.S. 47:463.111(E) is hereby enacted to read as follows: a foreign jurisdiction and required to be registered in this state. Penalties §463.111. Special prestige license plates; commissioned police officer and interest shall not accrue during this ninety-day time period. However, A. The secretary of the Department of Public Safety and Corrections shall a person or their spouse shall remit sales or use taxes imposed pursuant to design and establish a special prestige license plate for active commissioned R.S. 47:302(A)(2) on a vehicle required to be registered in this state should police officers, provided there is a minimum of one thousand applicants for the vehicle registration and license plates issued by a foreign jurisdiction such plate. The license plate shall be restricted to passenger cars, pickup expire prior to or during the ninety days following either’s separation from trucks, vans, and recreational vehicles. active duty of any branch of the armed forces of the United States. B. Each person who applies for the issuance or renewal of the prestige * * * license plate shall present to the secretary proof of prior or active (3) commission in a law enforcement agency for at least two consecutive years. * * * the following to the secretary in order to qualify for the plate: (b) (1) A statement on letterhead from the chief official of the employing law * * * enforcement agency stating that the applicant has an active commission in (vi) A person or their spouse shall have ninety days following either’s that law enforcement agency at the time of application and has held such separation from active duty from any branch of the armed forces of commission for at least two consecutive years. the United States to remit the sales and use tax imposed by a political (2) Proof of Police Officer Standards Training completion. subdivision on any vehicle registered in a foreign jurisdiction and required * * * to be registered in this state. Penalties and interest shall not accrue during THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 7 (House Bills) and underscored and boldfaced (Senate Bills) are additions. this ninety-day time period. However, a person or their spouse shall remit A. No later than September first of each year and in accordance with sales or use taxes imposed by a political subdivision on a vehicle required to the latest recommendations of the Advisory Committee on Immunization be registered in this state should the vehicle registration and license plates Practices of the Centers for Disease Control and Prevention, every licensed issued by a foreign jurisdiction expire prior to or during the ninety days adult residential care provider shall provide residents educational following either’s separation from active duty of any branch of the armed information on influenza. This educational information shall include, at a forces of the United States. minimum, the risks associated with influenza, the availability, effectiveness, * * * and known contraindications of the influenza immunization, the causes and §502.3. Delayed registration; military personnel separation from active symptoms of influenza, and the means by which influenza is spread. duty B. Nothing in this Section shall be construed to require any adult A. A person or their spouse may operate a vehicle in this state without residential care provider to provide or pay for any immunization against securing Louisiana registration or paying sales or use tax imposed pursuant influenza. to R.S. 47:302(A)(2) or by a political subdivision for up to ninety days following Approved by the Governor, May 9, 2016. either’s separation from active duty from any branch of the armed forces of A true copy: the United States should the following requirements be met: Tom Schedler (1) The license plates displayed on the vehicle are valid and current plates Secretary of State issued by a foreign jurisdiction. ------(2) The vehicle registration and license plates are current and issued to the person who separated from active duty of any branch of the armed forces ACT No. 29 of the United States or the spouse of a person who separated from active - - - duty of any branch of the armed forces of the United States. HOUSE BILL NO. 485 (3) The owner or driver of the vehicle has in effect one of the forms of BY REPRESENTATIVE ROBERT JOHNSON financial responsibility specified in R.S. 32:861. AN ACT B. A person or their spouse shall secure a Louisiana registration and remit To amend and reenact R.S. 46:236.1.10(A), relative to child support sales or use taxes imposed pursuant to R.S. 47:302(A)(2) or by a political enforcement; to provide relative to establishing capacity to make child subdivision for a vehicle should the vehicle registration and license plates support payments or establishing the level of such payments; to provide issued by a foreign jurisdiction expire prior to or during the ninety days relative to accessing credit reports; and to provide for related matters. following either’s separation from active duty of any branch of the armed Be it enacted by the Legislature of Louisiana: forces of the United States. Section 1. R.S. 46:236.1.10(A) is hereby amended and reenacted to read as Section 2. This Act shall become effective upon signature by the governor follows: or, if not signed by the governor, upon expiration of the time for bills to §236.1.10. Family and child support programs; consumer reporting become law without signature by the governor, as provided by Article III, authority Section 18 of the Constitution of Louisiana. If vetoed by the governor and A. Any consumer reporting agency, as defined in R.S. 46:56(M)(2), shall subsequently approved by the legislature, this Act shall become effective on provide a consumer report to the secretary or his designee, provided the the day following such approval. department pays a fee to the consumer reporting agency and certifies all of Approved by the Governor, May 9, 2016. the following: A true copy: (1) The consumer report is needed for the purpose of establishing an Tom Schedler individual’s capacity to make child support payments or for the determination Secretary of State of the appropriate level of such payments. ------(2) The paternity of the individual for the child to which the obligation relates has been established or acknowledged by the individual in ACT No. 26 accordance with state law. - - - (3) The requestor has provided at least ten days notice of the request by HOUSE BILL NO. 248 certified or registered mail to the individual at his last known address. BY REPRESENTATIVES CARMODY AND WILLMOTT * * * AN ACT Approved by the Governor, May 9, 2016. To amend and reenact R.S. 47:463.109(A), relative to motor vehicle special A true copy: prestige license plates; to authorize the “In God We Trust” license plate Tom Schedler for motorcycles; and to provide for related matters. Secretary of State Be it enacted by the Legislature of Louisiana: ------Section 1. R.S. 47:463.109(A) is hereby amended and reenacted to read as follows: ACT No. 30 §463.109. Special prestige license plates; In God We Trust - - - A. The secretary of the Department of Public Safety and Corrections shall HOUSE BILL NO. 519 establish a special prestige license plate, to be known as the In God We BY REPRESENTATIVE CHAD BROWN Trust plate, provided there is a minimum of one thousand applicants for AN ACT such plate. The license plate shall be restricted to passenger cars, pickup To amend and reenact R.S. 22:68(A) and (B), relative to books and records of trucks, motorcycles, vans, and recreational vehicles. The secretary shall domestic insurers; to provide for the maintenance of records in electronic design the plate, and it shall include the words “In God We Trust”. data processing systems; to provide for the maintenance of records outside * * * the state upon filing a plan with the commissioner of insurance; and to Approved by the Governor, May 9, 2016. provide for related matters. A true copy: Be it enacted by the Legislature of Louisiana: Tom Schedler Section 1. R.S. 22:68(A) and (B) are hereby amended and reenacted to read Secretary of State as follows: ------§68. Books and records of domestic insurer; securities A. Every domestic and redomesticated insurer shall keep its books, records, documents, accounts, and vouchers in such manner that its ACT No. 27 financial condition, affairs, and operations can be ascertained and so that its - - - financial statements filed with the commissioner can be readily verified and HOUSE BILL NO. 2 its compliance with the law determined. Such insurer may cause any or all Capital Outlay such books, records, documents, accounts, and vouchers to be photographed, will publish in a later edition. or reproduced on film, or maintained electronically in electronic data processing equipment. Any such photographs, microphotographs, optical imaging, electronic, or film reproductions of any original books, records, ACT No. 28 documents, accounts, and vouchers shall for all purposes be considered the - - - same as the originals thereof and a transcript, exemplification, or certified HOUSE BILL NO. 468 copy of any such photograph, microphotograph, optical imaging, electronic, BY REPRESENTATIVES CROMER, BAGLEY, COX, HENSGENS, HORTON, or film reproduction shall for all purposes be deemed to be a transcript, JACKSON, DUSTIN MILLER, MORENO, AND WILLMOTT exemplification, or cer tified copy of the original. Any original so reproduced AN ACT may thereafter be disposed of or destroyed, as provided for in Subsection To enact R.S. 40:2166.9, relative to adult residential care providers; to require B of this Section, if provision is made for preserving and examining such adult residential care providers to disseminate educational information reproductions. on influenza; to establish the minimum content of the information; to B. All such original books, records, documents, accounts, and vouchers, or provide for interpretations; and to provide for related matters. such reproductions thereof, of the home office of any domestic company or Be it enacted by the Legislature of Louisiana: of any principal United States office of a foreign or alien company located Section 1. R.S. 40:2166.9 is hereby enacted to read as follows: in this state shall be preserved and kept available in this state for the §2166.9. Immunization information; influenza purpose of examination. At a minimum all such original records shall be THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 8 (House Bills) and underscored and boldfaced (Senate Bills) are additions. maintained for the period commencing on the first day following the last * * * period examined by the commissioner through the subsequent examination §1091. Health insurance plans subject to rate review period, or five years, whichever is greater. Such original records may, * * * however, be kept and maintained outside this state if, according to a plan B. As used in this Subpart, the following terms shall have the meanings adopted by the company’s board of directors and approved by filed with the ascribed to them in this Section: commissioner, it maintains suitable records in lieu thereof. * * * * * * (13) “Large group” or “large employer” means, in connection with a group Approved by the Governor, May 9, 2016. health plan with respect to a calendar year and a plan year, an employer who A true copy: employed an average of at least fifty-one employees on business days during Tom Schedler the preceding calendar year and who employs at least two employees on the Secretary of State first day of the planyear, and beginning on January 1, 2016, an employer who ------employed an average of at least one hundred one employees on business days during the preceding calendar year and who employs at least two ACT No. 31 employees on the first day of the plan year. - - - * * * HOUSE BILL NO. 622 ( 2 2 ) “ S m a l l g r o u p ” o r “ s m a l l e m p l o y e r ” m e a n s a n y p e r s o n , fi r m , c o r p o r a t i o n , BY REPRESENTATIVE JIM MORRIS partnership, trust, or association actively engaged in business which has AN ACT employed an average of at least one but not more than fifty employees on To authorize and provide for the transfer of certain state property; to business days during the preceding calendar year and who employs at least authorize the transfer of certain state property in Caddo Parish; to one employee on the first day of the plan year, and beginning on January provide for the property description; to provide for reservation of mineral 1, 2016, an employer who employed an average of at least one but not more rights; to provide terms and conditions; to provide an effective date; and to than one hundred employees on business days during the preceding provide for related matters. calendar year and who employs at least one employee on the first day of Be it enacted by the Legislature of Louisiana: the plan year. “Small group” or “small employer” shall include coverage Section 1. The commissioner of administration, notwithstanding any sold to small groups or small employers through associations or through other provision of law to the contrary, is hereby authorized and empowered a blanket policy. For purposes of rate calculation by a health insurance to convey, transfer, assign, lease, or deliver any interest, excluding mineral issuer, a small employer group consisting of one employee shall be rated rights, the state may have to all or any portion of the following described within a health insurance issuer’s individual market risk pool, unless that parcel of property to David Hearon and Angela Hearon: health insurance issuer provides only employer coverage and thus has only A certain tract of State owned (nonsevered) land by Judgement dated a small group market risk pool. November 14, 1921 identified as Campsite Lot No. 9, James Bayou Area, * * * located in Section 26, T21N, R16W, Louisiana Meridian and more fully shown Approved by the Governor, May 9, 2016. on a plat(s) filed in the State Land Office. A true copy: Section 2. The commissioner of administration is hereby authorized to Tom Schedler enter into such agreements, covenants, conditions, and stipulations and to Secretary of State 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 ACT No. 33 described in any such agreements entered into and documents executed - - - by and between the commissioner of administration and David Hearon and HOUSE BILL NO. 28 Angela Hearon, in exchange of consideration proportionate to the appraised BY REPRESENTATIVE TERRY BROWN value of the property. AN ACT Section 3. This Act shall become effective upon signature by the governor To enact R.S. 1:55(E)(1)(h), relative to legal holidays; to establish the Friday or, if not signed by the governor, upon expiration of the time for bills to of the Pecan Festival as a legal holiday in the parish of Grant; to authorize become law without signature by the governor, as provided by Article III, the clerk of court of the Thirty-Fifth Judicial District Court to close the Section 18 of the Constitution of Louisiana. If vetoed by the governor and clerk’s office in observance of the legal holiday; to provide for an exception; subsequently approved by the legislature, this Act shall become effective on and to provide for related matters. the day following such approval. Be it enacted by the Legislature of Louisiana: Approved by the Governor, May 9, 2016. Section 1. R.S. 1:55(E)(1)(h) is hereby enacted to read as follows: A true copy: §55. Days of public rest, legal holidays, and half‑holidays Tom Schedler * * * Secretary of State E.(1) ------* * * (h) In addition, in the parish of Grant, the Friday of the Pecan Festival ACT No. 32 shall be a legal holiday for the purpose of authorizing the clerk of court of - - - the Thirty-Fifth Judicial District Court in the parish of Grant to close offices HOUSE BILL NO. 782 in observance of that day, unless there is an election that requires the office BY REPRESENTATIVE DAVIS to remain open. AN ACT * * * To amend and reenact R.S. 22:1061(5)(e)(iii) and 1091(B)(13) and (22) and to Approved by the Governor, May 10, 2016. enact R.S. 22:1061(5)(e)(vii), relative to certain definitions in the Insurance A true copy: Code used in the regulation of health insurance; to define the terms Tom Schedler “employer”,”small employer”, “small group”, “large employer”, and “large Secretary of State group”; and to provide for related matters. ------Be it enacted by the Legislature of Louisiana: Section 1. R.S. 22:1061(5)(e)(iii) and 1091(B)(13) and (22) are hereby amended ACT No. 34 and reenacted and R.S. 22:1061(5)(e)(vii) is hereby enacted to read as follows: - - - §1061. Definitions HOUSE BILL NO. 31 As used in R.S. 22:984 and 1061 through 1079, the following terms shall BY REPRESENTATIVE SHADOIN have the following meanings: AN ACT * * * To enact R.S. 1:55(E)(1)(h), relative to legal holidays; to establish the Friday (5) Other definitions are: of the Watermelon Festival as a legal holiday in the parish of Union; to * * * authorize the clerk of court of the Third Judicial District Court to close the (e) clerk’s office in observance of the legal holiday; to provide for an exception; * * * and to provide for related matters. (iii) “Small employer” means, in connection with a group health plan with Be it enacted by the Legislature of Louisiana: respect to a calendar year and a plan year, an employer who employed an Section 1. R.S. 1:55(E)(1)(h) is hereby enacted to read as follows: average of at least two one but not more than fifty employees on business §55. Days of public rest, legal holidays, and half‑holidays days during the preceding calendar year and who employs at least two * * * employees one employee on the first day of the plan year. E.(1) * * * * * * (vii) At the option of a health insurance issuer, the health insurance issuer (h) In addition, in the parish of Union, the Friday of the Watermelon may require that a majority of the employees covered under an employee Festival shall be a legal holiday for the purpose of authorizing the clerk benefit plan are employed or reside in this state, and that there is a bona of court of the Third Judicial District Court in the parish of Union to close fide employer‑employee relationship to prevent the formation of employer offices in observance of that day, unless there are functions and duties groups primarily for the purposes of buying health insurance. related to an election that require the office to remain open. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 9 (House Bills) and underscored and boldfaced (Senate Bills) are additions. * * * Section 1. R.S. 15:1202(A)(introductory paragraph) is hereby amended and Section 2. This Act shall become effective upon signature by the governor reenacted and R.S. 15:1202(A)(29) through (31) are hereby enacted to read or, if not signed by the governor, upon expiration of the time for bills to as follows: become law without signature by the governor, as provided by Article III, §1202. Composition of commission Section 18 of the Constitution of Louisiana. If vetoed by the governor and A. The commission shall consist of fifty-five fifty-eight members as follows: subsequently approved by the legislature, this Act shall become effective on * * * the day following such approval. (29) The chairperson of the Louisiana Legislative Women’s Caucus, or her Approved by the Governor, May 10, 2016. designee. A true copy: (30) The chairman of the Senate Committee on Judiciary B, or his designee. Tom Schedler (31) The chairman of the Senate Select Committee on Women and Children, Secretary of State or his designee. ------* * * Approved by the Governor, May 10, 2016. ACT No. 35 A true copy: - - - Tom Schedler HOUSE BILL NO. 44 Secretary of State BY REPRESENTATIVE STOKES ------AN ACT To enact R.S. 33:447.15, relative to mayor’s courts; to provide for additional ACT No. 39 court costs for violations of municipal ordinances in the mayor’s court - - - of the city of Kenner; to provide for the use of additional funds; and to HOUSE BILL NO. 116 provide for related matters. BY REPRESENTATIVES CARMODY AND JIM MORRIS Be it enacted by the Legislature of Louisiana: AN ACT Section 1. R.S. 33:447.15 is hereby enacted to read as follows: To amend and reenact R.S. 13:2583.3(A), relative to the office of constable in §447.15. Mayor’s court; city of Kenner; additional court costs Caddo Parish; to require each constable of Caddo Parish to report certain Notwithstanding any other provision of law to the contrary, the mayor information relative to the deputy constable; to require such information of the city of Kenner may also impose additional court costs not to exceed to be reported annually to the sheriff; and to provide for related matters. thirty dollars for each offense, as defined by ordinance, on any defendant Notice of intention to introduce this Act has been published as provided by convicted of a violation of a municipal ordinance. Any additional amount Article III, Section 13 of the Constitution of Louisiana. in court costs collected pursuant to this Section shall be allocated to the Be it enacted by the Legislature of Louisiana: city of Kenner to be used for the mayor’s court security enhancements and Section 1. R.S. 13:2583.3(A) is hereby amended and reenacted to read as technological upgrades. follows: Approved by the Governor, May 10, 2016. §2583.3. Deputies; oath; compensation; Caddo Parish A true copy: A.(1) Each duly elected constable of a justice of the peace court in Caddo Tom Schedler Parish may appoint one deputy constable, if necessary, for whose acts the Secretary of State constable shall be responsible. Before entering upon his duties, each deputy ------shall take the oath required by the constitution and the laws of this state and meet the requirements of R.S. 40:2405. A duplicate copy of the oath of office ACT No. 36 shall be filed with the office of the attorney general within seventy-two hours - - - after being administered. Any deputy constable appointed pursuant to this HOUSE BILL NO. 91 Section shall not be entitled to any compensation from any local governing BY REPRESENTATIVE HILL body or political subdivision, other than the constable’s office, and shall not AN ACT be entitled to any compensation from the state. Each constable may fix the To enact R.S. 33:455, relative to mayors’ courts; to establish a mayor’s court compensation of his deputy. He may pay from the fees generated by his office in the village of Elizabeth in Allen Parish; to provide for territorial any compensation due to the deputy, the premiums on bonds required by him jurisdiction; to provide for the powers and authority of the mayor as of a deputy in charge of public funds, insurance premiums, and any expenses magistrate of the court and other officers of the court; and to provide for necessary for the performance of duties required of the deputy. He may related matters. issue monthly or twice per month, at his discretion, warrants or checks for Be it enacted by the Legislature of Louisiana: the amounts due to the deputy. Section 1. R.S. 33:455 is hereby enacted to read as follows: (2) On or before August first of each year, each constable shall report to the §455. Mayor’s court; village of Elizabeth sheriff of Caddo Parish the following information: A. There is hereby created the Mayor’s Court of the Village of Elizabeth, (a) The full name of the deputy constable and term of employment. the territorial jurisdiction of which shall extend throughout the village of (b) Any compensation from all sources paid to the deputy constable for the Elizabeth in Allen Parish. previous fiscal year. B. The general provisions of R.S. 33:441 and 442 shall be applicable to and (c) Any certification of required training, including training certified by the shall govern and regulate the Mayor’s Court of the Village of Elizabeth, the Council on Peace Officer Standards and Training. jurisdiction of the court, and the power and authority of the mayor and other * * * officers of the court. Section 2. This Act shall become effective upon signature by the governor Approved by the Governor, May 10, 2016. or, if not signed by the governor, upon expiration of the time for bills to A true copy: become law without signature by the governor, as provided by Article III, Tom Schedler Section 18 of the Constitution of Louisiana. If vetoed by the governor and Secretary of State subsequently approved by the legislature, this Act shall become effective on ------the day following such approval. Approved by the Governor, May 10, 2016. A true copy: ACT No. 37 Tom Schedler - - - Secretary of State HOUSE BILL NO. 3 ------General Appropriations will publish in a later edition. ACT No. 40 - - - HOUSE BILL NO. 196 ------BY REPRESENTATIVE LEGER AN ACT ACT No. 38 To amend and reenact R.S. 27:416(C), relative to the operation of video draw - - - poker devices at qualified truck stop facilities; to provide with respect to HOUSE BILL NO. 95 the calculation of fuel sales; to provide for exceptions regarding the fuel BY REPRESENTATIVE MORENO sales requirements at certain facilities; and to provide for related matters. AN ACT Be it enacted by the Legislature of Louisiana: To amend and reenact R.S. 15:1202(A)(introductory paragraph) and to enact Section 1. R.S. 27:416(C) is hereby amended and reenacted to read as R.S. 15:1202(A)(29) through (31), relative to the membership of the Louisiana follows: Commission on Law Enforcement and Administration of Criminal Justice; §416. Qualified truck stop facilities; number of devices; fuel sales to change the membership of the commission; and to provide for related * * * matters. C.(1) Except as provided in R.S. 27:421 and Paragraph (2) of this Subsection, Be it enacted by the Legislature of Louisiana: the number of video draw poker devices placed at a qualified truck stop facility shall be based on the average monthly fuel sales calculated quarterly, THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 10 (House Bills) and underscored and boldfaced (Senate Bills) are additions. using four sets of three calendar months, for the first year of operation and Conservation Districts shall automatically be members of this commission. thereafter shall be based upon the average monthly fuel sales calculated Each shall designate a person to represent him at meetings at which he annually, using a calendar year, as follows: cannot be present, and the person so designated by each shall serve, in the (1)(a) One hundred thousand gallons of fuel of which forty thousand gallons absence of the officer who selects him, with the same power and authority are diesel - not more than fifty devices. as that officer, including the right to vote. In the case of the Louisiana (2)(b) Seventy-five thousand gallons of fuel of which thirty thousand gallons Association of Conservation Districts president, his alternate shall be the are diesel - not more than forty devices. vice president of the association. The other five members shall be elected, (3)(c) Fifty thousand gallons of fuel of which ten thousand are diesel - not one from each of the following areas of the state: more than thirty-five devices. * * * (2) In addition to the requirements in Paragraph (1) of this Subsection, a C. qualified truck stop facility, except a qualified truck stop facility located in * * * Orleans Parish, which complies or has complied with one of the fuel sales (3) The commission shall provide for the execution of surety bonds for all requirements of Paragraph (1) of this Subsection for five consecutive years employees and officers who shall be entrusted with funds or property; shall shall thereafter be permitted to retain the number of devices it operated provide for the keeping of a full and accurate record of all proceedings and during that same consecutive five-year period provided it continues to meet all resolutions, regulations, and orders issued or adopted; shall provide for the fuel sales requirement set for th in Subparagraph (1)(c) of this Subsection. an annual examination of the accounts of receipts and disbursements and an (3) The board may adopt rules to recognize alternative fuel sources to annual examination of all districts; and shall provide for a complete audit at satisfy the requirements regarding fuel sales provided by this Chapter. least once every four years of the accounts of receipts and disbursements and * * * of all districts, all of which shall be performed by the audit and evaluation Approved by the Governor, May 10, 2016. section of the Department of Agriculture and Forestry and filed with the A true copy: legislative auditor pursuant to and in accordance with R.S. 24:513. Tom Schedler * * * Secretary of State Approved by the Governor, May 10, 2016. ------A true copy: Tom Schedler ACT No. 41 Secretary of State ------HOUSE BILL NO. 210 BY REPRESENTATIVE CONNICK AND SENATORS ALARIO, BARROW, ACT No. 43 BISHOP, BOUDREAUX, BROWN, CARTER, CHABERT, ERDEY, GATTI, - - - JOHNS, LAFLEUR, LONG, LUNEAU, MILLS, MIZELL, MORRELL, HOUSE BILL NO. 291 PETERSON, GARY SMITH, AND WARD BY REPRESENTATIVES GLOVER AND ROBBY CARTER AN ACT AN ACT To amend and reenact Code of Criminal Procedure Article 571.1, relative to To amend and reenact R.S. 22:31(B) and 32(A)(1)(introductory paragraph) time limitations for prosecution; to provide for time limitations for certain and to enact R.S. 22:31(A)(6), relative to the organization of the Department sex offenses; and to provide for related matters. of Insurance; to provide with respect to the division of diversity and Be it enacted by the Legislature of Louisiana: opportunity and the Advisory Committee on Equal Opportunity located in Section 1. Code of Criminal Procedure Article 571.1 is hereby amended the division; and to provide for related matters. and reenacted to read as follows: Be it enacted by the Legislature of Louisiana: Art. 571.1. Time limitation for certain sex offenses Section 1. R.S. 22:31(B) and 32(A)(1)(introductory paragraph) are hereby Except as provided by Article 572 of this Chapter, the time within which amended and reenacted and R.S. 22:31(A)(6) is hereby enacted to read as to institute prosecution of the following sex offenses, regardless of whether follows: the crime involves force, serious physical injury, death, or is punishable by §31. Division of diversity and opportunity imprisonment at hard labor shall be thirty years: attempted first degree A. There is hereby created within the Department of Insurance a division rape, also formerly titled aggravated rape (R.S. 14:27, R.S. 14:42), attempted of diversity and opportunity which shall have the following functions and second degree rape, also formerly titled forcible rape (R.S. 14:27, R.S. duties: 14:42.1), sexual battery (R.S. 14:43.1), second degree sexual battery (R.S. * * * 14:43.2), oral sexual battery (R.S. 14:43.3), human trafficking (R.S. 14:46.2(B) (6) To develop programs to address the needs and concerns of minority (2) or (3)), trafficking of children for sexual purposes (R.S. 14:46.3), felony and women producers in the state. The programs may provide training for carnal knowledge of a juvenile (R.S. 14:80), indecent behavior with juveniles producers in all areas of agency management and training and education (R.S. 14:81), pornography involving juveniles (R.S. 14:81.1), molestation of a for personnel. juvenile (R.S. 14:81.2), prostitution of persons under eighteen (R.S. 14:82.1), B. The division of diversity and opportunity may conduct a survey enticing persons into prostitution (R.S. 14:86), crime against nature (R.S. of insurance companies doing business in Louisiana and all entities 14:89), aggravated crime against nature (R.S. 14:89.1), crime against nature authorized or licensed pursuant to this Title in order to seek information by solicitation (R.S. 14:89.2(B)(3)), that involves a victim under seventeen and data relative to the policies and practices of hiring of and contracting years of age. This thirty-year period begins to run when the victim attains with minorities. The survey, data, and responses thereto shall not be a the age of eighteen. public record as defined by the Public Records Law and shall be exempt Approved by the Governor, May 10, 2016. from disclosure, except such exemption shall not apply with respect to the A true copy: aggregated number of minorities hired and the positions for which they Tom Schedler were hired. Secretary of State * * * ------§32. Advisory Committee on Equal Opportunity A.(1) There is hereby created within the Department of Insurance, in the ACT No. 42 division of diversity and opportunity, the Advisory Committee on Equal - - - Opportunity. The committee shall be composed of twenty-five members. HOUSE BILL NO. 251 Twenty-four members shall be appointed by the governor and shall serve at BY REPRESENTATIVE CHANEY his pleasure. The term of office of each such member shall be concurrent AN ACT with that of the appointing governor. The deputy assistant commissioner of To amend and reenact R.S. 3:1204(A)(1)(a)(introductory paragraph) and (C) diversity and opportunity shall serve ex officio as the twenty-fifth member. (3), relative to the state soil and water conservation commission; to modify Five members shall be appointed from a list of nominees submitted by the the membership of the soil and water conservation commission; to remove Louisiana chapter of The National Association for the Advancement of the requirement that the Department of Agriculture and Forestry perform Colored People, the Urban League of Greater New Orleans, Inc., the Baton audits on the state soil and water commission; and to provide for related Rouge chapter of the National Association for the Advancement of Colored matters. People, the Monroe chapter of the National Association for the Advancement Be it enacted by the Legislature of Louisiana: of Colored People, and the Shreveport chapter of the National Association Section 1. R.S. 3:1204(A)(1)(a)(introductory paragraph) and (C)(3) are for the Advancement of Colored People. Two members shall be appointed hereby amended and reenacted to read as follows: from a list of nominees submitted by the deans of the business schools of §1204. State soil and water conservation commission Dillard University, Xavier University, Southern University, and Grambling A.(1)(a) There is hereby established, to serve as an agency of the state University. Seventeen members shall be appointed from a list of nominees, and to perform the functions conferred upon it in this Part, a state soil and one nominee to be submitted by each of the following associations or groups: water conservation commission. The commission shall consist of eight nine * * * members. The chancellor of the Louisiana State University Agricultural Section 2. This Act shall become effective upon signature by the governor Center Louisiana State University Vice President of Agriculture and or, if not signed by the governor, upon expiration of the time for bills to Dean of the College of Agriculture or his successor, the chancellor of the become law without signature by the governor, as provided by Article III, Southern University Agricultural Center, the commissioner of agriculture Section 18 of the Constitution of Louisiana. If vetoed by the governor and and forestry of Louisiana, and the president of the Louisiana Association of THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 11 (House Bills) and underscored and boldfaced (Senate Bills) are additions. subsequently approved by the legislature, this Act shall become effective on absence of the chair. The commission shall conduct its business according the day following such approval. to Robert’s Rules of Order. A quorum for conducting business shall be a Approved by the Governor, May 10, 2016. majority of the members. All members shall be voting members. A true copy: E. The commissioner of insurance shall have the authority, in addition to Tom Schedler the authority of the chairman of the commission, to order the commission to Secretary of State convene to conduct its business. ------F. Pursuant to 42 U.S.C. 18031(d)(3)(B), the annual cost of any mandated benefit in excess of Essential Health Benefits, hereinafter referred to as ACT No. 44 “EHBs”, for Qualified Health Plans, hereinafter referred to as “QHPs”, shall - - - be a legal obligation of the state of Louisiana and shall be defrayed by the HOUSE BILL NO. 304 state through direct reimbursement to any health insurance issuer entitled BY REPRESENTATIVES MAGEE, ABRAHAM, AMEDEE, ARMES, BACALA, to such reimbursement pursuant to 42 U.S.C. 18031(d)(3)(B) BAGLEY, BAGNERIS, BERTHELOT, BISHOP, CHAD BROWN, CARMODY, G. The duties of the commission shall include: COUSSAN, COX, CROMER, DAVIS, DEVILLIER, DWIGHT, EMERSON, (1) Reviewing proposed legislation in any session of the legislature to FOIL, LANCE HARRIS, HAVARD, HAZEL, HILL, HORTON, HOWARD, determine if the legislation creates a mandated health benefit that would IVEY, JACKSON, JENKINS, MIKE JOHNSON, LEBAS, MACK, MIGUEZ, require the state to defray the costs of the mandate for QHPs in excess of GREGORY MILLER, POPE, PYLANT, RICHARD, SCHEXNAYDER, EHBs pursuant to 42 U.S.C. 18031(d)(3)(B). The commission shall give full SEABAUGH, STOKES, AND ZERINGUE AND SENATORS ALARIO, consideration to relevant implementing regulations in Title 45 of the Code BISHOP, CHABERT, COLOMB, ERDEY, FANNIN, GATTI, HEWITT, LONG, of Federal Regulations. MILKOVICH, MILLS, MIZELL, PERRY, RISER, GARY SMITH, JOHN (a) After reviewing such proposed legislation, the commission, if SMITH, TARVER, THOMPSON, WARD, AND WHITE it determines that a mandate for QHPs is in excess of EHBs, shall, in AN ACT consultation with the Department of Insurance, notify the House and Senate To amend and reenact R.S. 40:1379.3(W), relative to concealed handgun committees on insurance of the commission’s determination that a mandate permits; to provide for an exemption from fees for veterans of the United has been proposed and shall provide an actuarial cost projection for the States Armed Forces; and to provide for related matters. cost of the proposed mandate for QHPs and non‑QHPs. Be it enacted by the Legislature of Louisiana: (b) In the event that the legislature enacts a mandate that is in excess Section 1. R.S. 40:1379.3(W) is hereby amended and reenacted to read as of EHBs, the commission shall determine, pursuant to the review process follows: specified in this Paragraph, what the cost of the enacted mandate is to all §1379.3. Statewide permits for concealed handguns; application QHPs and shall, by majority vote in an open meeting, adopt an actuarially procedures; definitions sound cost estimate for the first plan or policy year for the mandate in excess * * * of EHBs for all QHPs in this state. W.(1) Notwithstanding any provision of law to the contrary, an active duty (c) Following the adoption of the cost estimate by majority vote, the member, or reserve member, or veteran of the armed forces of the United commission shall tender the cost estimate to the division of administration, States shall pay one half of the annual fee provided for in Paragraph (H)(2) the speaker of the House of Representatives, the president of the Senate, and of this Section for a five-year permit, or if applying for a lifetime concealed the chairman of the House Committee on Appropriations, the chairman of handgun permit, he shall prepay that fee for a total of ten years at the time the House Committee on Insurance, the chairman of the Senate Committee the application for the lifetime concealed handgun permit is made. on Finance, and the chairman of the Senate Committee on Insurance. (2) A veteran of the armed forces of the United States shall be exempt from (d) For any policy or plan years following the initial effective policy or all fees associated with the five-year permit or lifetime concealed carry plan year, the commission shall include historical experience of the cost of permit. the mandate in excess of EHBs in its deliberative process. (2)(3) For the purposes of this Subsection, “veteran” shall mean any (e) Following adoption of the cost estimate, the commission shall, in honorably discharged veteran of the armed forces of the United States conjunction with the Department of Insurance, give formal notice of such including reserve components of the armed forces, the Army National Guard, adoption in the State Register. the Air National Guard, the U.S. Public Health Service Commissioned Corps, (2) Conducting the review process specified in this Subsection for any and any other category of persons designated by the president in time of war mandate that was enacted after December 31, 2011, and if determined to or emergency. be a mandate in excess of EHBs for QHPs, the commission shall follow Approved by the Governor, May 10, 2016. the process for adoption of the cost of the enacted mandate in the manner A true copy: prescribed in Subparagraphs (1)(b) through (e) of this Subsection. Tom Schedler (3) Promulgating rules and regulations pursuant to the Administrative Secretary of State Procedure Act. ------(4) Any functions necessary and proper for the completion of the duties specified in this Subsection. ACT No. 45 H. Any health insurance issuer that issues QHPs shall have the right - - - to appear and be heard and to submit information to the commission for HOUSE BILL NO. 312 consideration in the performance of the duties of the commission. BY REPRESENTATIVE DAVIS I. Any health insurance issuer that objects to the adoption of the cost AN ACT estimate pursuant to Subsection G of this Section shall have the right to file To amend and reenact R.S. 36:686(F), to enact Part VIII of Chapter 11 of an appeal in the Nineteenth Judicial District Court of the state of Louisiana Title 22 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. within thirty days of the adoption of the cost estimate in open meeting. 22:2187, and to repeal R.S. 22:1047 and Part VII of Chapter 11 of Title 22 J. For purposes of this Section, “health insurance issuer” means an entity of the Louisiana Revised Statutes of 1950, comprised of R.S. 22:2186 and subject to the insurance laws and regulations of this state, or subject to 2186.1, relative to mandated health insurance benefits; to reconstitute the jurisdiction of the commissioner, that contracts or offers to contract the Louisiana Mandated Health Benefits Commission and eliminate the to provide, deliver, arrange for, pay for, or reimburse any of the costs of requirements for periodic reevaluation of and a moratorium on such health care services, including through a health benefit plan, and shall mandates; and to provide for related matters. include a sickness and accident insurance company, a health maintenance Be it enacted by the Legislature of Louisiana: organization, a preferred provider organization or any similar entity, or any Section 1. Part VIII of Chapter 11 of Title 22 of the Louisiana Revised other entity providing a plan of health insurance or health benefits. Statutes of 1950, to be comprised of R.S. 22:2187, is hereby enacted to read Section 2. R.S. 36:686(F) is hereby amended and reenacted to read as as follows: follows: PART VIII. LOUISIANA MANDATED HEALTH BENEFITS COMMISSION §686. Transfer of agencies to the Department of Insurance §2187. Louisiana Mandated Health Benefits Commission * * * A. The Louisiana Mandated Health Benefits Commission is hereby created F. The Louisiana Mandated Health Benefits Commission (R.S. 22:2186 et and shall exercise its powers, duties, functions, and responsibilities in the seq.) (R.S. 22:2187) is hereby placed within the Department of Insurance and manner provided in R.S. 36:802. The commission shall be staffed by the shall exercise its powers, duties, functions, and responsibilities in the same office of health, life, and annuity within the Department of Insurance. manner as agencies transferred in the manner provided in R.S. 36:802. B. The commission shall be comprised of the following members: * * * (1) The chairman of the House Committee on Insurance or his designee. Section 3. R.S. 22:1047 and Part VII of Chapter 11 of Title 22 of the Louisiana (2) The chairman of the Senate Committee on Insurance or his designee. Revised Statutes of 1950, comprised of R.S. 22:2186 and 2186.1, are hereby (3) The commissioner of administration or his designee. repealed in their entirety. (4) Two persons appointed by the commissioner of insurance. Approved by the Governor, May 10, 2016. C. Members of the commission shall serve on an ex officio basis except that A true copy: the two persons appointed by the commissioner of insurance shall serve Tom Schedler terms concurrent with that of the commissioner of insurance. Secretary of State D. The commission shall conduct its duties under the direction of the ------commissioner of insurance. The commission shall elect its own chair, who shall preside at meetings, and its own vice chair, who shall preside in the THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 12 (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 46 ACT No. 49 ------HOUSE BILL NO. 323 HOUSE BILL NO. 442 BY REPRESENTATIVE JACKSON BY REPRESENTATIVES ROBERT JOHNSON, ABRAMSON, ADAMS, AN ACT ARMES, BARRAS, BERTHELOT, BILLIOT, BOUIE, BROADWATER, To authorize and provide for the transfer of certain state property; to TERRY BROWN, STEVE CARTER, CHANEY, COX, DAVIS, DWIGHT, authorize the transfer of certain state property in Morehouse Parish; to FRANKLIN, LANCE HARRIS, HAVARD, HAZEL, HORTON, HOWARD, provide for the property description; to provide for reservation of mineral JACKSON, NANCY LANDRY, LEBAS, LOPINTO, GREGORY MILLER, rights; to provide terms and conditions; to provide an effective date; and to MONTOUCET, MORENO, NORTON, PIERRE, PUGH, PYLANT, REYNOLDS, provide for related matters. RICHARD, SIMON, STOKES, THIBAUT, WILLMOTT, AND ZERINGUE Be it enacted by the Legislature of Louisiana: AND SENATORS ALARIO AND THOMPSON Section 1. The secretary of the Department of Wildlife and Fisheries, AN ACT notwithstanding any other provision of law to the contrary, is hereby To authorize the secretary of the Department of Public Safety and Corrections authorized and empowered to convey, transfer, assign, lease, or deliver any to rename the correctional facility located at Cottonport, Louisiana, as the interest, excluding mineral rights, the state may have to all or any portion Raymond Laborde Correctional Center; and to provide for related matters. of the following described parcel of property to Kenneth W. Cook, Jr., and Be it enacted by the Legislature of Louisiana: Annie S. Cook: Section 1. Notwithstanding the provisions of R.S. 42:267 or any other A certain tract of property located in Section 36, Township 20 North, Range provision of law to the contrary, the secretary of the Department of Public 5 East, in Morehouse Parish, Louisiana and more particularly described as Safety and Corrections may designate and rename the correctional facility follows: Beginning at the Southwest corner of Section 36, Township 20 North, at Cottonport, Louisiana, as the “Raymond Laborde Correctional Center” in Range 5 East, then run East 1380 feet to a point, then North 59 Degrees, 17 honor of former state representative Raymond Laborde. Minutes, West 1600 feet to a point, then South 800 feet to the point of the Section 2. This Act shall become effective upon signature by the governor beginning, containing approximately 12.60 acres. or, if not signed by the governor, upon expiration of the time for bills to Section 2. The secretary of the Department of Wildlife and Fisheries is become law without signature by the governor, as provided by Article III, hereby authorized to enter into such agreements, covenants, conditions, Section 18 of the Constitution of Louisiana. If vetoed by the governor and and stipulations and to execute such documents as necessary to properly subsequently approved by the legislature, this Act shall become effective on effectuate any conveyance, transfer, assignment, lease, or delivery of title, the day following such approval. excluding mineral rights, to the property described in Section 1 of this Act, Approved by the Governor, May 10, 2016. and as more specifically described in any such agreements entered into A true copy: and documents executed by and between the secretary of the Department Tom Schedler of Wildlife and Fisheries and Kenneth W. Cook, Jr., and Annie S. Cook, Secretary of State in exchange of consideration proportionate to the appraised value of the ------property. Section 3. This Act shall become effective upon signature by the governor ACT No. 50 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, HOUSE BILL NO. 460 Section 18 of the Constitution of Louisiana. If vetoed by the governor and BY REPRESENTATIVE ABRAHAM subsequently approved by the legislature, this Act shall become effective on AN ACT the day following such approval. To amend and reenact R.S. 22:589(C) and to enact R.S. 22:589(D), relative to Approved by the Governor, May 10, 2016. investments by domestic insurers in securities of foreign nations; to provide A true copy: additional authority for such investments, including requiring that such Tom Schedler foreign nations be members of the Organisation for Economic Co‑operation Secretary of State and Development; to provide for minimum rating requirements and a ------limitation on such securities; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 22:589(C) is hereby amended and reenacted and R.S. ACT No. 47 22:589(D) is hereby enacted to read as follows: - - - §589. Foreign securities HOUSE BILL NO. 215 * * * Ancillary Appropriations C. A domestic insurer may invest any of its funds in bonds, debentures, will publish in a later edition. notes, or other similar obligations that are not in default and are issued in the United States market, denominated in United States dollars, and are the direct legal obligation of a foreign nation that is a member of the Organisation ------for Economic Co‑operation and Development, for which investments in or business transactions with are not prohibited or restricted by any law, ACT No. 48 regulation, or rule of the United States or this state, and for which the full - - - faith and credit of such nation has been pledged for the payment of principal HOUSE BILL NO. 346 and interest, but only if the foreign nation has not defaulted and has met its BY REPRESENTATIVE CARMODY payment obligations in a timely manner on all similar obligations for a period AN ACT of at least twenty‑five years immediately preceding. Additionally, the debt of To amend and reenact R.S. 9:3560(A)(introductory paragraph) and (1)(a) the issuing country shall be rated at least A‑ or better by Standard & Poor’s and (b), relative to consumer loan licensing requirements; to provide for Corporation or A3 or better by Moody’s, Inc. or an equivalent investment grade exemptions; and to provide for related matters. by a securities ratings organization accepted by the National Association of Be it enacted by the Legislature of Louisiana: Insurance Commissioners. The total investment in such foreign securities at Section 1. R.S. 9:3560(A)(introductory paragraph) and (1)(a) and (b) are any one time shall not exceed five percent of an insurer’s admitted assets. hereby amended and reenacted to read as follows: C. D. In addition to the investments authorized in Subsections A, and B, and §3560. Licenses not required C of this Section, an insurer authorized to transact insurance in a foreign A. Notwithstanding R.S. 9:3557, the following persons shall be are exempt country may invest an amount or amounts in the aggregate not exceeding from the consumer loan licensing requirements under this Part: thirty percent of its capital and surplus if a stock company, or thirty percent (1)(a) A bank, savings bank, savings and loan association, or similar of its surplus if a mutual company, in such investments as are allowed in financial institution organized, certified, and supervised, or chartered, by R.S. 22:584 in a foreign country with which the United States has diplomatic an agency of either the United States of America, or the state of Louisiana, relations or had diplomatic relations on January 1, 1978. For the purposes of any other state or territory of the United States of America, or the District of investments made under this Subsection, all references to the United States Columbia pursuant to the banking, currency, and related laws of the United appearing in R.S. 22:584 shall be considered to name the particular foreign States of America, or the state of Louisiana, any other state or territory of country or countries in which the investments made hereunder are placed. the United States of America, or the District of Columbia. Section 2. This Act shall become effective upon signature by the governor (b) A subsidiary of any state-chartered or federally chartered entity or, if not signed by the governor, upon expiration of the time for bills to described in Subparagraph (a) of this Paragraph in which eighty percent or become law without signature by the governor, as provided by Article III, more of the ownership rests with such parent entity. Section 18 of the Constitution of Louisiana. If vetoed by the governor and * * * subsequently approved by the legislature, this Act shall become effective on Approved by the Governor, May 10, 2016. the day following such approval. A true copy: Approved by the Governor, May 10, 2016. Tom Schedler A true copy: Secretary of State Tom Schedler ------Secretary of State ------THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 13 (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 51 ACT No. 54 ------HOUSE BILL NO. 490 HOUSE BILL NO. 548 BY REPRESENTATIVE LEBAS BY REPRESENTATIVES JACKSON, BAGNERIS, GARY CARTER, AN ACT JIMMY HARRIS, HOFFMANN, AND JAY MORRIS To amend and reenact R.S. 22:1856(C)(introductory paragraph) and (14) and AN ACT to enact R.S. 22:1856(C)(15), relative to pharmacy claims to health insurance To enact R.S. 13:5401(C)(10), relative to reentry courts; to authorize the issuers; to provide for an authorized time period for a health insurer to creation of a reentry division of The Fourth Judicial District Court; and to send a remittance advice; to require certain information on the remittance provide for related matters. advice; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Be it enacted by the Legislature of Louisiana: Section 1. R.S. 13:5401(C)(10) is hereby enacted to read as follows: Section 1. R.S. 22:1856(C)(introductory paragraph) and (14) are hereby §5401. District courts; reentry courts; subject matter amended and reenacted and R.S. 22:1856(C)(15) is hereby enacted to read as * * * follows: C. The following district courts may assign certain divisions of the court as §1856. Thirty-day payment Payment standard; limitations on claim filing a reentry division of court in accordance with the provisions of this Section: and audits; remittance advice * * * * * * (10) The Fourth Judicial District Court. C. Each remittance advice generated by a health insurance issuer or Approved by the Governor, May 10, 2016. its agent to a pharmacist or his agent or pharmacy or its agent shall be A true copy: postmarked within seven business days sent on the date of payment and shall Tom Schedler include the following information, clearly identified and totaled for each Secretary of State claim listed: ------* * * (14) Network identifier. ACT No. 55 (15) A toll-free telephone number for assistance with the remittance advice. - - - * * * HOUSE BILL NO. 571 Section 2. This Act shall become effective on January 1, 2017. BY REPRESENTATIVE SHADOIN Approved by the Governor, May 10, 2016. AN ACT A true copy: To repeal Chapter 6 of Title 43 of the Louisiana Revised Statutes of 1950, Tom Schedler comprised of R.S. 43:231 and 232, relative to the secretary of state; to Secretary of State repeal provisions that require the secretary of state to print and deliver ------materials to the Louisiana Historical Association; and to provide for related matters. ACT No. 52 Be it enacted by the Legislature of Louisiana: - - - Section 1. Chapter 6 of Title 43 of the Louisiana Revised Statutes of 1950, HOUSE BILL NO. 495 comprised of R.S. 43:231 and 232, is hereby repealed in its entirety. BY REPRESENTATIVE MORENO Section 2. This Act shall become effective upon signature by the governor AN ACT or, if not signed by the governor, upon expiration of the time for bills to To amend and reenact R.S. 15:572.5, relative to pardons; to provide for become law without signature by the governor, as provided by Article III, information to be provided to the Board of Pardons; to establish a fee for Section 18 of the Constitution of Louisiana. If vetoed by the governor and conducting pardon investigations; and to provide for related matters. subsequently approved by the legislature, this Act shall become effective on Be it enacted by the Legislature of Louisiana: the day following such approval. Section 1. R.S. 15:572.5 is hereby amended and reenacted to read as follows: Approved by the Governor, May 10, 2016. §572.5. Information to be provided to Board of Pardons A true copy: A. Upon request of the Board of Pardons, the Department of Corrections Tom Schedler and the Department of Public Safety and Corrections shall provide the Board Secretary of State of Pardons with such records of the fact and circumstances of the offense ------for which the person applying for a pardon was convicted, the offender’s past criminal record, his social history, the prison record, and the physical, ACT No. 56 mental, or psychiatric condition of the person applying for a pardon, and any - - - other records or other reports that may be requested. HOUSE BILL NO. 596 B. The Department of Public Safety and Corrections may charge a fee not to BY REPRESENTATIVE HUVAL exceed one hundred fifty dollars for conducting the clemency investigation AN ACT provided for in this Section. To enact R.S. 22:1569, relative to contracts between a health insurance issuer Approved by the Governor, May 10, 2016. and a producer; to provide for notification and effectiveness of a material A true copy: change in such a contract; to provide for definitions; and to provide for Tom Schedler related matters. Secretary of State Be it enacted by the Legislature of Louisiana: ------Section 1. R.S. 22:1569 is hereby enacted to read as follows: §1569. Contract with health insurance issuer; notification ACT No. 53 A. A material change made by a health insurance issuer to the terms and - - - conditions of a contract between the health insurance issuer and a producer HOUSE BILL NO. 524 shall not become effective until the health insurance issuer has delivered BY REPRESENTATIVE ROBBY CARTER to the producer, at least ninety days prior to the effective date of the change, AN ACT written or electronic notice indicating the change or changes to the contract. To amend and reenact R.S. 3:4679, relative to penalties for failure to provide For purposes of this Section, a “material change” is a change made to a records of certain petroleum products; to provide a maximum penalty for provision of the contract affecting any of the following: the failure to provide records of petroleum products received, used, sold, or (1) Commissions, bonuses, and incentives paid to the producer. delivered; and to provide for related matters. (2) Right of survivorship. Be it enacted by the Legislature of Louisiana: (3) Indemnification of the producer by the health insurance issuer. Section 1. R.S. 3:4679 is hereby amended and reenacted to read as follows: (4) Errors and omissions coverage requirements for the producer. §4679. Record of products sold B. Subsection A of this Section shall not apply under either of the following Each dealer, distributor, or importer shall keep a full and complete record of circumstances: petroleum products received, used, sold, or delivered within this state by him, (1) When the change to the contract is mutually agreed upon by the health together with invoices, bills of lading, and other pertinent records and papers insurance issuer and the producer. as may be required by the commissioner for the reasonable administration (2) When the change to the contract is required by state or federal law. of this Subpart until the taxes to which they relate have prescribed. All such C. For purposes of this Section: records shall be opened for inspection to the commissioner at all reasonable (1) “Health benefit plan” means a policy, contract, certificate , or agreement hours. Each dealer, distributor, or importer that willfully and knowingly entered into, offered, or issued by a health insurance issuer to provide, violates this Section by failing to provide such records may be subject to a deliver, arrange for, pay for, or reimburse any of the costs of healthcare fine of up to five thousand dollars. services. “Health benefit plan” shall not include a plan providing coverage Approved by the Governor, May 10, 2016. for excepted benefits as defined in R.S. 22:1061 and short‑term policies that A true copy: have a term of less than twelve months. Tom Schedler (2) “Health insurance issuer” means an entity subject to the insurance Secretary of State laws and regulations of this state, or subject to the jurisdiction of the ------commissioner, that contracts or offers to contract to provide, deliver, THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 14 (House Bills) and underscored and boldfaced (Senate Bills) are additions. arrange for, pay for, or reimburse any of the costs of healthcare services, (3) “Miscarried child” means the fetal remains resulting from a including through a health benefit plan as defined in this Section, and shall spontaneous fetal death that does not require compulsory registration include a sickness and accident insurance company, a health maintenance pursuant to the provisions of R.S. 40:47. organization, a preferred provider organization or any similar entity, or any §1191.2. Final disposition of fetal remains; rights of parents; notice other entity providing a plan of health insurance or health benefits. required; exception Approved by the Governor, May 10, 2016. A. Prior to the final disposition of a miscarried child, but not more than A true copy: twenty‑four hours after the miscarriage occurs in a health facility, the Tom Schedler facility shall notify the patient, or if the patient is incapacitated, the spouse Secretary of State of the patient, both orally and in writing, of both of the following: ------(1) The parent’s right to arrange for the final disposition of the child through the use of the notice of parental rights form as provided for in R.S. 40:1191.3. ACT No. 57 (2) The availability of a chaplain or other counseling services concerning - - - the death of the child, if such services are provided by the health facility. HOUSE BILL NO. 1047 B.(1) The patient shall have forty-eight hours from receipt of the notice of Supplemental Appropriations parental rights form provided by the health facility pursuant to Subsection will publish in a later edition. A of this Section to indicate on the notice of parental rights form the patient’s intent to arrange for the final disposition of the miscarried child and to return the notice of parental rights form to the health facility. ------(2) If the health facility receives the patient’s completed notice of parental rights form within the time period required by this Subsection, and once ACT No. 58 it is medically appropriate for the final disposition of the fetal remains to - - - occur, the health facility shall make the remains available to transfer for a HOUSE BILL NO. 613 minimum of seventy‑two hours. After the transfer, the final disposition of the BY REPRESENTATIVE THIBAUT fetal remains by the transferee shall be in accordance with the provisions of AN ACT Chapter 10 of Title 8 of the Louisiana Revised Statutes of 1950. To enact R.S. 22:1023(D)(8) and (9), relative to genetic information obtained (3) If the health facility does not receive the patient’s completed notice by health insurers; to provide for exceptions from certain statutory of parental rights form within the time period required by this Subsection, requirements for and restrictions on the use of such information; and to the fetal remains shall be disposed of in accordance with the rules and provide for related matters. regulations promulgated by the Department of Health and Hospitals. Be it enacted by the Legislature of Louisiana: C. No notice shall be required if both the patient and the patient’s spouse Section 1. R.S. 22:1023(D)(8) and (9) are hereby enacted to read as follows: are incapacitated or otherwise unable to receive the notice required by §1023. Prohibited discrimination; genetic information; disclosure Subsection A of this Section. requirements; definitions §1191.3. Notice of parental rights form * * * The Department of Health and Hospitals shall promulgate, in accordance D. The requirements of this Section shall not apply to the genetic with the Administrative Procedure Act, a notice of parental rights form to information obtained: be used by health facilities to comply with the provisions of this Part. The * * * form shall include, at a minimum, all of the following: (8) For treatment, payment, and healthcare operations by an insurer (1) A definitive statement that reads as follows: “This notice of parental consistent with the federal Health Insurance Portability and Accountability rights form is required to be provided to you pursuant to Louisiana law.” Act and its related regulations. (2) A brief description of the provisions of this Part along with concise (9) For maintenance of information by an insurer in accordance with instructions for the patient to follow regarding how to properly complete the record retention requirements. form and return it to the health facility in the event the patient desires to * * * arrange for the final disposition of the miscarried child. Approved by the Governor, May 10, 2016. (3) A concise statement of the timelines that must be satisfied in order for A true copy: the patient to arrange for the final disposition of the miscarried child. Tom Schedler (4) A listing of state, regional, or national grief counseling organizations Secretary of State that may provide counseling services concerning the death of a child. ------§1191.4. Limitation of liability The provisions of this Part shall not be construed to create a cause of ACT No. 59 action, nor shall the health facility, or any person authorized to act on behalf - - - of the health facility, be held civilly liable for any damages when a health HOUSE BILL NO. 618 facility makes a final disposition of the fetal remains in accordance with the BY REPRESENTATIVES WILLMOTT, AMEDEE, ANDERS, BAGLEY, provisions of this Part. BERTHELOT, BILLIOT, BROADWATER, TERRY BROWN, CARMODY, Section 2. The Department of Health and Hospitals shall promulgate the CONNICK, COUSSAN, COX, CROMER, DANAHAY, DAVIS, DEVILLIER, notice of parental rights form pursuant to R.S. 40:1191.3 as enacted by this DWIGHT, EDMONDS, EMERSON, FALCONER, FOIL, GAROFALO, Act prior to January 1, 2017. GISCLAIR, JIMMY HARRIS, HILL, HODGES, HOFFMANN, HORTON, Section 3(A). Except as provided in Section (3)(B) of this Act, this Act HOWARD, IVEY, JACKSON, JEFFERSON, MIKE JOHNSON, ROBERT shall become effective upon signature by the governor or, if not signed by JOHNSON, NANCY LANDRY, LEBAS, LYONS, MAGEE, MCFARLAND, the governor, upon expiration of the time for bills to become law without MIGUEZ, DUSTIN MILLER, GREGORY MILLER, JAY MORRIS, POPE, signature by the governor, as provided by Article III, Section 18 of the PUGH, PYLANT, REYNOLDS, SCHEXNAYDER, SCHRODER, SIMON, Constitution of Louisiana. If vetoed by the governor and subsequently STOKES, WHITE, AND ZERINGUE AND SENATOR BARROW approved by the legislature, this Act shall become effective on the day AN ACT following such approval. To enact Part VI of Subchapter B of Chapter 5-D of Title 40 of the Louisiana (B). R.S. 40:1191.2 as enacted by this Act shall be effective January 1, 2017. Revised Statutes of 1950, to be comprised of R.S. 40:1191.1 through 1191.4, Approved by the Governor, May 10, 2016. relative to fetal remains; to provide for definitions; to require notification A true copy: of parents’ right to determine the final disposition; to require notification Tom Schedler of available counseling; to provide for final disposition if no parental Secretary of State decision indicated after forty-eight hours; to provide for a notice of ------parental right form; to establish a limitation of liability; to provide for an effective date; and to provide for related matters. ACT No. 60 Be it enacted by the Legislature of Louisiana: - - - Section 1. Part VI of Subchapter B of Chapter 5-D of Title 40 of the HOUSE BILL NO. 634 Louisiana Revised Statutes of 1950, comprised of R.S. 40:1191.1 through BY REPRESENTATIVE MAGEE 1191.4, is hereby enacted to read as follows: AN ACT PART VI. DISPOSITION OF FETAL REMAINS To amend and reenact R.S. 31:149(B), relative to mineral rights in land §1191.1. Definitions acquired by governmental agencies; to provide relative to the prescription As used in this Part, the following terms have the meaning ascribed to of mineral rights; to provide for mineral rights in appropriated property; them in this Section unless the context requires otherwise: and to provide for related matters. (1) “Final disposition” means the burial, cremation, or other disposition of Be it enacted by the Legislature of Louisiana: the remains of a human fetus following fetal death. Section 1. R.S. 31:149(B) is hereby amended and reenacted to read as (2) “Health facility” means a facility licensed by the Department of Health follows: and Hospitals to provide health services. §149. Mineral rights reserved from acquisitions of land by governments or agencies thereof imprescriptible; prescription period in acquisitions for economic development THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 15 (House Bills) and underscored and boldfaced (Senate Bills) are additions. * * * (1) Opium and opiate, and any salt, compound, isomer, derivative, or B . W h e n l a n d i s a c q u i r e d f r o m a n y p e r s o n b y a n a c q u i r i n g au t h o r it y t h r o u g h preparation of opium or opiate, excluding apomorphine, thebaine-derived act of sale, exchange, donation, or other contract, or by condemnation, butorphanol, dextrorphan, nalbuphine, nalmefene, naloxegol, naloxone, appropriation, or expropriation, and a mineral right subject to the and naltrexone, and their respective salts, but including the following: prescription of nonuse is reserved in the instrument or judgment by which * * * the land is acquired, prescription of the mineral right is interrupted as long (4) Coca leaves, and any salt, compound, derivative, or preparation of coca as title to the land remains with the acquiring authority, or any successor leaves (including cocaine, ecgonine and their salts, isomers, derivatives that is also an acquiring authority. The instrument or judgment shall reflect and salts of isomers and derivatives), and any salt, isomer, salt of an isomer, the intent to reserve or exclude the mineral rights from the acquisition and compound, derivative, or preparation of coca leaves, cocaine or ecgonine their imprescriptibility as authorized under the provisions of this Section and any salt, isomer, salt of an isomer, compound, derivative, or preparation and shall be recorded in the conveyance records of the parish in which the thereof which is chemically equivalent or identical with any of these land is located. substances, except that the substances shall not include: * * * (a) decocainized Decocainized coca leaves or extraction of coca leaves, Approved by the Governor, May 10, 2016. which extractions do not contain cocaine or ecgonine. A true copy: (b) Ioflupane, with and without radioisotopes. Tom Schedler * * * Secretary of State SCHEDULE IV ------* * * E. Other substances ACT No. 61 Unless specifically excepted or unless listed in another schedule, any - - - material, compound, mixture, or preparation which contains any quantity HOUSE BILL NO. 637 of the following substances, including its salts: BY REPRESENTATIVE STOKES * * * AN ACT (3) Eluxadoline (5‑[[[2‑amino‑3‑[(4‑aminocarbonyl)‑2,6‑dimethylphe To enact Chapter 27-B of Title 51 of the Louisiana Revised Statutes of 1950, nyl]‑1‑oxopropyl][1‑(4‑phenyl‑1H‑imidazol‑2‑yl)theyl]amino] comprised of R.S. 51:1949.1, relative to fees for automobile rentals; to methyl]‑2‑methoxybenzoic acid) (including its optical isomers) and its salts, authorize the inclusion of certain mandatory fees as separate charges in a isomers, and salts of isomers. rental agreement; and to provide for related matters. * * * Be it enacted by the Legislature of Louisiana: Approved by the Governor, May 10, 2016. Section 1. Chapter 27-B of Title 51 of the Louisiana Revised Statutes of A true copy: 1950, comprised of R.S. 51:1949.1, is hereby enacted to read as follows: Tom Schedler CHAPTER 27-B. MOTOR VEHICLE RENTAL AGREEMENTS Secretary of State §1949.1. Imposition of certain fees in motor vehicle rental agreements ------A. A motor vehicle lessor, in a rental agreement, may list mandatory charges separately, including but not limited to vehicle license recovery ACT No. 63 fees, airport access fees, airport concession fees, and all applicable taxes. - - - B. If a motor vehicle lessor includes a vehicle license recovery fee as a HOUSE BILL NO. 692 separate charge in a rental agreement, the amount of the fee shall represent BY REPRESENTATIVE JACKSON the motor vehicle lessor’s good-faith estimate of the lessor’s average per AN ACT vehicle portion of the lessor’s total annual titling and registration costs To amend and reenact R.S. 26:80(C), relative to alcoholic beverages; to incurred pursuant to the provisions of R.S. 47:451 et seq. provide for citizenship and residency requirements for certain permit C. If the total amount of the vehicle license recovery fees collected by applicants; to provide exemptions; and to provide for related matters. a motor vehicle lessor pursuant to this Section in any one calendar year Be it enacted by the Legislature of Louisiana: exceeds the lessor’s actual costs to license, title, and register the motor Section 1. R.S. 26:8 0 (C) is hereby amended and reenacted to read as follows: vehicles for that year, the lessor shall do the following: §80. Qualifications of applicants for permits (1) Retain the excess amount collected. * * * (2) Adjust the estimated average per vehicle titling and registration charge C.(1) If the applicant is a corporation or a limited liability company, for the following calendar year by a corresponding amount. all officers and directors and all stockholders or members owning in D. As used in this Section, the following ter ms have the following meanings: the aggregate more than five percent of the stock or of the membership (1) “Motor vehicle” means that term as defined in R.S. 32:1252. interest in a limited liability company and the person or persons who shall (2) “Motor vehicle lessor” means that term as defined in R.S. 32:1252 and conduct or manage the business shall possess the qualifications required subject to the licensing provisions of R.S. 32:1254(A). of an applicant and shall furnish their federal identification number, their (3) “Vehicle license recovery fee” means a charge that is included in a Louisiana Department of Revenue business account number, their social vehicle rental transaction to recover costs incurred by a motor vehicle security number, and their correct home address. The requirements as lessor to license, title, and register rental vehicles. to citizenship and residence do not apply to either the officers, directors, Approved by the Governor, May 10, 2016. or stockholders of corporations, or the officers, managers, or members of A true copy: limited liability companies. The corporation or limited liability company Tom Schedler shall be either organized under the laws of the state of Louisiana or Secretary of State qualified to do business within the state of Louisiana. , to be shown by the ------affidavit of each accompanying the application. Each affidavit shall include the signatory’s Louisiana Department of Revenue business account number, ACT No. 62 his social security number, and his correct home address. - - - (2) The requirements as to citizenship and residence do not apply to HOUSE BILL NO. 688 officers, directors, or stockholders of corporations or members of limited BY REPRESENTATIVE LEBAS liability companies applying for retail permits; to officers, directors, or AN ACT stockholders or members of a manufacturer; or to officers, directors, or To amend and reenact R.S. 40:964 (Schedule II)(A)(1)(introductory stockholders of any corporation which on January 31, 2003, had held a paragraph) and (4) and to enact R.S. 40:964(Schedule IV)(E)(3), relative wholesale dealer permit continuously for at least the past three years. The to the Uniform Controlled Dangerous Substances Law; to add certain provisions of this Paragraph apply only to a corporation, limited liability substances to Schedules II and IV; and to provide for related matters. company, partnership, or any other legal business entity either organized Be it enacted by the Legislature of Louisiana: under the laws of the state of Louisiana or qualified to do business within Section 1. R.S. 40:964 (Schedule II)(A)(1)(introductory paragraph) and (4) the state of Louisiana. are hereby amended and reenacted and R.S. 40:964(Schedule IV)(E)(3) is (3) Notwithstanding any other provisions of law to the contrary, the hereby enacted to read as follows: commissioner may accept from a publicly traded or other corporation or §964. Composition of schedules entity, other than any gaming entity regulated pursuant to the provisions of Schedules I, II, III, IV, and V shall, unless and until added to pursuant to R.S. 27:20 et seq., R.S. 27:41 et seq., or R.S. 27:301 401 et seq., the necessary R.S. 40:962, consist of the following drugs or other substances, by whatever documentation of those persons described in Subsection D of this Section official name, common or usual name, chemical name, or brand name and three officers of the corporation in full satisfaction of the requirements designated: of this Section. * * * * * * SCHEDULE II Section 2. This Act shall become effective upon signature by the governor A. Substances of vegetable origin or chemical synthesis. Unless or, if not signed by the governor, upon expiration of the time for bills to specifically excepted or unless listed in another schedule, any of the become law without signature by the governor, as provided by Article III, following substances whether produced directly or indirectly by extraction Section 18 of the Constitution of Louisiana. If vetoed by the governor and from substances of vegetable origin, or independently by means of chemical subsequently approved by the legislature, this Act shall become effective synthesis, or by a combination of extraction and chemical synthesis: on the day following such approval. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 16 (House Bills) and underscored and boldfaced (Senate Bills) are additions. Approved by the Governor, May 10, 2016. Approved by the Governor, May 10, 2016. A true copy: A true copy: Tom Schedler Tom Schedler Secretary of State Secretary of State ------

ACT No. 64 ACT No. 66 ------HOUSE BILL NO. 724 HOUSE BILL NO. 812 BY REPRESENTATIVE PRICE BY REPRESENTATIVES SCHRODER AND THIBAUT AN ACT AN ACT To amend and reenact R.S. 6:653.1(A) and to repeal R.S. 6:653.1(B), relative To enact R.S. 39:127.2, relative to maximum utilization of office space in state to trust deposits payable to beneficiaries; to repeal provisions requiring owned or leased buildings; to provide for the identification of underutilized authentic form when naming beneficiaries; to repeal provisions requiring office space; to require utilization by certain agencies; to provide duties and the use of certain terms with respect to credit union share accounts; and responsibilities; to require reporting of available office space and reporting to provide for related matters. of agencies in violation; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Be it enacted by the Legislature of Louisiana: Section 1. R.S. 6:653.1(A) is hereby amended and reenacted to read as Section 1. R.S. 39:127.2 is hereby enacted to read as follows: follows: §127.2. Utilization of office space in state owned buildings §653.1. Trust deposits; death of depositor, payment A. The Legislature of Louisiana hereby finds and declares that the maximum A. Upon the death of a member who has deposited a sum in any federal or utilization of state owned or leased buildings is a necessary cost efficiency and, state credit union account evidencing an intention that upon the death of the accordingly, further declares that it is incumbent upon and the responsibility member, the funds shall belong to the named beneficiary or beneficiaries of of all state agencies to actively conserve, identify, and seek available office the member, the federal or state credit union may pay the share account, space in state owned or leased buildings. together with the dividends or accruing interest accruing thereto, to the B.(1) Each agency shall submit to the division of administration by July first named beneficiaries for whom the deposit was made, and the federal or state of each year and update by January first of each year, the identity of any and all credit union may rely conclusively thereon. The member shall, at the time office space in state owned or leased buildings by location and square footage such share account is established, give to the federal or state credit union and the identity of any unoccupied or underutilized office space in state owned an affidavit in authentic form stating the names of one or more beneficiaries. or leased buildings by location and square footage. The credit union may conclusively rely on this affidavit for the disbursal of (2) The division of administration shall compile the names of any agencies funds. Upon receiving a death certificate, the credit union may disburse that fail to submit the information required by Paragraph (1) of this Subsection funds to the named beneficiaries. Such beneficiaries shall be specifically and submit the names of the agencies to the Joint Legislative Committee on the named in the share account records of the federal or state credit union. Budget for consideration at its next meeting. * * * (3) The division of administration shall prepare an annual report, to be submitted to the Joint Legislative Committee on the Budget on or before Section 2. R.S. 6:653.1(B) is hereby repealed in its entirety. March first of each year, regarding the amount of office space in state owned Approved by the Governor, May 10, 2016. or leased buildings, the amount of unoccupied or underutilized office space A true copy: in state owned or leased buildings, and the amount of leased office space in Tom Schedler buildings that are not considered state owned or leased. The annual report Secretary of State shall also include a compilation of the notices to the agencies and the agencies’ ------responses required by Paragraph (D)(2) of this Section. C. The division of administration, as part of its duty to allocate space in ACT No. 65 accordance with R.S. 39:127, shall: - - - (1) Maintain a list, updated semi-annually, of all office space in state owned HOUSE BILL NO. 755 or leased buildings by location and square footage. BY REPRESENTATIVE ABRAMSON (2) Identify all available office space that the division of administration AN ACT determines is suitable for the needs of an agency with leased space, and within To enact R.S. 49:191(9)(b) and to repeal R.S. 49:191(6)(a), relative to the thirty days after the semi‑annual update of the list required in this Section, Department of Revenue; to provide for the re‑creation of the Department send a notice to the head of the agency of the available space. of Revenue and the statutory entities made a part of the department by law; D.(1) Within ninety days of the notification provided for in this Section, the to provide for the effective termination date for all statutory authority for agency head shall respond to the notice with a transitional plan for moving into the existence of such statutory entities; and to provide for related matters. the available space or a detailed indication of why the space is not suitable for Be it enacted by the Legislature of Louisiana: use by the agency. Section 1. Pursuant to R.S. 49:193, the Department of Revenue and the (2) If the agency does not submit a transitional plan for moving into the space statutory entities made a part of the department by law shall be re-created identified or does not move in the time indicated in the plan, the notice to the effective June 30, 2016, and all statutory authority therefor is continued in agency and the agency’s response required by this Section shall be submitted accordance with the provisions of Part XII of Chapter 1 of Title 49 of the to the Joint Legislative Committee on the Budget for consideration at its next Louisiana Revised Statutes of 1950. meeting. The notices to the agencies and the agencies’ responses shall be Section 2. All statutory authority for the existence of the Department of compiled and included in the report by the division of administration to the Revenue and the statutory entities made a part of the department as re- Joint Legislative Committee on the Budget required by Paragraph (B)(3) of this created by Section 1 of this Act shall cease as of July 1, 2020, pursuant to R.S. Section. 49:191. However, the Department of Revenue may be re-created prior to such E. Neither the fact that an agency is headed by an elected or an appointed date in accordance with the provisions of Part XII of Chapter 1 of Title 49 of officer nor the fact that an agency derives its operating funds from direct the Louisiana Revised Statutes of 1950. legislative appropriations, dedication or other allocation or sources of Section 3. The provisions of R.S. 49:193 are hereby superseded to the revenues, fees or charges or assessments, or from any other specified source extent that those provisions are in conflict with the provisions of this Act. of funds available to the state or for use by the state shall be a factor in Section 4. R.S. 49:191(9)(b) is hereby enacted to read as follows: determining the agencies or buildings to which this Section shall apply. §191. Termination of legislative authority for existence of statutory F. The division of administration shall comply with federal laws and entities; phase-out period for statutory entities; table of dates regulations and with state‑federal agreements with respect to the housing Notwithstanding any termination dates set by any previous Act of the of any agency, or its personnel, operations, equipment, or activities, which legislature, the statutory entities set forth in this Section shall begin to receives or administers any federal funds. terminate their operations on July first of each of the following years, and G. For purposes of this Section: all legislative authority for the existence of any statutory entity, as defined (1) “Agency” means a department, office, division, or agency of a state in R.S. 49:190, shall cease as of July first of the following year, which shall be governmental entity, except those provided in R.S. 39:127(C) and (D). the termination date: (2) “Agency head” or “head of agency” means the chief executive or * * * administrative officer of an agency who exercises supervision over the agency. (9) July 1, 2020: (3) “Lease” means any agreement, including but not limited to cooperative * * * endeavor agreements, professional services contracts, and consulting services (b) The Department of Revenue and all statutory entities made a part of contracts which gives rise to relationships of landlord and tenant or lessor and the department by law. lessee. Section 5. R.S. 49:191(6)(a) is hereby repealed in its entirety. (4) “Office space” means space suitable to house an agency, its personnel, Section 6. This Act shall become effective on June 30, 2016; if vetoed by operations, equipment, or activities but does not include the space governed the governor and subsequently approved by the legislature, this Act shall by the provisions of R.S. 49:150.1. become effective on June 30, 2016, or on the day following such approval by (5) “State owned or leased building” means a public building, or a portion the legislature, whichever is later. of a building, belonging to or under the control of the state of Louisiana and

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 17 (House Bills) and underscored and boldfaced (Senate Bills) are additions. designed to house personnel, equipment, storage, or services of the various for agencies transferred in accordance with the provisions of R.S. 36:802.22 agencies of the state. 36:801.1. Approved by the Governor, May 10, 2016. * * * A true copy: Section 2. R.S. 36:802.22 is hereby repealed in its entirety. Tom Schedler Approved by the Governor, May 10, 2016. Secretary of State A true copy: ------Tom Schedler Secretary of State ------ACT No. 67 - - - ACT No. 70 HOUSE BILL NO. 616 - - - Judicial Appropriations HOUSE BILL NO. 867 will publish in a later edition. BY REPRESENTATIVE LEOPOLD AN ACT To enact R.S. 3:6, relative to the placement of advertising signs on state------owned property; to provide for the establishment of fees, rules, and regulations associated with the placement of signs on state-owned ACT No. 68 property; and to provide for related matters. - - - Be it enacted by the Legislature of Louisiana: HOUSE BILL NO. 816 Section 1. R.S. 3:6 is hereby enacted to read as follows: BY REPRESENTATIVE TALBOT §6. Placing of advertising signs on state-owned property AN ACT A. The department may authorize the placement, erection, and To amend and reenact R.S. 22:1062(D)(1), relative to certificates of coverage maintenance of advertising and sponsorship signs on immovable property, provided by group health plans and certain health insurance issuers; to improvements on immovable property, vehicles, vessels, airplanes, and provide that such certificates shall be sent within twenty days of a request; assets of the department. and to provide for related matters. B. The department shall establish appropriate and reasonable fees and Be it enacted by the Legislature of Louisiana: promulgate rules and regulations in accordance with the Administrative Section 1. R.S. 22:1062(D)(1) is hereby amended and reenacted to read as Procedure Act to implement the provisions of this Section. follows: Approved by the Governor, May 10, 2016. §1062. Increased portability through limitation on preexisting condition A true copy: exclusions Tom Schedler * * * Secretary of State D.(1) A group health plan, and a health insurance issuer offering group ------health insurance coverage, shall provide send the certification of the period of creditable coverage no more than twenty days after such certification ACT No. 71 is requested by an individual who ceases to be covered under the issuer’s - - - policy or plan:. HOUSE BILL NO. 909 (a) At the time an individual ceases to be covered under the plan or BY REPRESENTATIVES ANDERS, PUGH, AND SCHEXNAYDER otherwise becomes covered under a COBRA continuation provision. AND SENATOR MARTINY (b) In the case of an individual becoming covered under such a provision, AN ACT at the time the individual ceases to be covered under such provision. To amend and reenact R.S. 42:2 and R.S. 48:1805(B)(2) and to repeal R.S. (c) On the request on behalf of an individual made not later than 42:3.2, relative to limitations on terms and service of board and commission twenty-four months after the date of cessation of the coverage described members; to remove a term and service limitation of general applicability in Subparagraph (a) or (b) of this Paragraph, whichever is later. The on executive branch board and commission members; to remove certain certification under Subparagraph (a) of this Paragraph may be provided, to references thereto; and to provide for related matters. the extent practicable, at a time consistent with notices required under any Be it enacted by the Legislature of Louisiana: applicable COBRA continuation provision. Section 1. R.S. 42:2 is hereby amended and reenacted to read as follows: * * * §2. Public officer to hold office until successor inducted Section 2. This Act shall become effective upon signature by the governor Every public officer in this state except in case of impeachment, or or, if not signed by the governor, upon expiration of the time for bills to suspension, or meeting the term limitations set forth in R.S. 42:3.2, shall become law without signature by the governor, as provided by Article III, continue to discharge the duties of his office until his successor is inducted Section 18 of the Constitution of Louisiana. If vetoed by the governor and into office. subsequently approved by the legislature, this Act shall become effective on Section 2. R.S. 48:1805(B)(2) is hereby amended and reenacted to read as the day following such approval. follows: Approved by the Governor, May 10, 2016. §1805. Commission; appointment, term, and related matters A true copy: * * * Tom Schedler B. Secretary of State * * * ------(2) Notwithstanding any provision of R.S. 42:3.2 to the contrary, members Members of the commission shall not serve more than twelve consecutive ACT No. 69 years beginning with appointments made on or after January 1, 2011. - - - * * * HOUSE BILL NO. 847 Section 3. R.S. 42:3.2 is hereby repealed in its entirety. BY REPRESENTATIVE HILFERTY AND SENATOR BISHOP Section 4. This Act shall become effective upon signature by the governor AN ACT or, if not signed by the governor, upon expiration of the time for bills to To amend and reenact R.S. 36:209(O) and to repeal R.S. 36:802.22, relative become law without signature by the governor, as provided by Article III, to the Department of Culture, Recreation and Tourism; to provide Section 18 of the Constitution of Louisiana. If vetoed by the governor and relative to the powers, duties, functions, and responsibilities of the New subsequently approved by the legislature, this Act shall become effective on Orleans City Park Improvement Association and its board of directors; the day following such approval. to provide relative to the exercise of such powers, duties, functions, Approved by the Governor, May 10, 2016. and responsibilities within the Department of Culture, Recreation and A true copy: Tourism; and to provide for related matters. Tom Schedler Be it enacted by the Legislature of Louisiana: Secretary of State Section 1. R.S. 36:209(O) is hereby amended and reenacted to read as ------follows: §209. Transfer of boards, commissions, departments, and agencies to ACT No. 72 Department of Culture, Recreation and Tourism - - - * * * HOUSE BILL NO. 932 O. The New Orleans City Park Improvement Association and its board BY REPRESENTATIVE DAVIS of commissioners (Act No. 130 of 1896; Act No. 104 of 1934; Act No. 492 of AN ACT 1958; Act No. 405 of 1962; Act No. 865 of 1982; Act No. 569 of 1989; Act No. To amend and reenact R.S. 22:1573(I)(1)(introductory paragraph) and (I)(1) 13 of 1998 First Extraordinary Session; Act No. 395 of 2006) is transferred (b), relative to continuing education requirements for producers; to revise to the Department of Culture, Recreation and Tourism and shall exercise the age requirement for exemption; to clarify that a producer may qualify and perform its powers, duties, functions, and responsibilities as provided for the exemption when representing or operating through a licensed Louisiana insurance agency; and to provide for related matters. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 18 (House Bills) and underscored and boldfaced (Senate Bills) are additions. Be it enacted by the Legislature of Louisiana: adopted by the commissioner a state bank shall account for the property Section 1. R.S. 22:1573(I)(1)(introductory paragraph) and (I)(1)(b) are in accordance with GAAP. The commissioner may require a state bank to hereby amended and reenacted to read as follows: obtain an appraisal by a qualified appraiser of a piece of property valued at §1573. Continuing education requirements less than two hundred fifty thousand dollars, if it is necessary for safety and * * * soundness reasons. I.(1) The provisions of this Section, imposing continuing education * * * requirements for renewal of a license, shall not apply to any person sixty‑five Approved by the Governor, May 11, 2016. years of age or older on January 1, 2012, who has at least fifteen years of A true copy: experience as a licensed producer and who either: Tom Schedler * * * Secretary of State (b) Is actively engaged in the insurance business as a producer and who ------represents or operates through a licensed Louisiana insurer or insurance agency. ACT No. 75 * * * - - - Section 2. This Act shall become effective upon signature by the governor SENATE BILL NO. 145 or, if not signed by the governor, upon expiration of the time for bills to BY SENATOR MARTINY become law without signature by the governor, as provided by Article III, AN ACT Section 18 of the Constitution of Louisiana. If vetoed by the governor and To repeal R.S. 6:1054(G)(4), relative to the Sale of Checks and Money subsequently approved by the legislature, this Act shall become effective on Transmission Act; to repeal provisions regarding certain persons the day following such approval. previously exempted from having to give notice and receive approval for Approved by the Governor, May 10, 2016. certain transactions; and to provide for related matters. A true copy: Be it enacted by the Legislature of Louisiana: Tom Schedler Section 1. R.S. 6:1054(G)(4) is hereby repealed in its entirety. Secretary of State Approved by the Governor, May 11, 2016. ------A true copy: Tom Schedler ACT No. 73 Secretary of State ------SENATE BILL NO. 28 BY SENATOR PERRY ACT No. 76 AN ACT - - - To amend and reenact R.S. 33:385.1(A), relative to qualifications of an elected SENATE BILL NO. 469 chief of police; to provide relative to the town of Gueydan; and to provide (Substitute of Senate Bill No. 290 by Senator LaFleur) for related matters. BY SENATOR LAFLEUR Notice of intention to introduce this Act has been published. AN ACT Be it enacted by the Legislature of Louisiana: To amend and reenact Civil Code Article 3367, relative to the cancellation Section 1. R.S. 33:385.1 (A) is hereby amended and reenacted to read as of recordation after effect of recordation has ceased; to provide for the follows: cancellation of prescribed state tax liens; to provide certain procedures; §385.1. Qualifications of elected chief of police and to provide for related matters. A. Except as otherwise provided in this Section, an elected chief of police Be it enacted by the Legislature of Louisiana: of a municipality shall be an elector of the municipality. At the time of Section 1. Civil Code Article 3367 is hereby amended and reenacted to qualification as a candidate for the office of chief of police, he shall have been read as follows: domiciled for at least the immediately preceding year in the municipality Art. 3367. Cancellation of recordation after effect of recordation has except that a person who resides outside of the corporate limits of the ceased village of Maurice may be elected chief of police. Additionally, a person who If the effect of recordation of a mortgage, pledge, or privilege has ceased resides outside of the corporate limits of the town of Gueydan, but within the for lack of reinscription or has prescribed by lapse of time under R.S. 9:5685, territorial limits of Ward Three of Vermilion Parish, may be elected chief of the recorder upon receipt of a written signed application shall cancel its police of the town. The provisions of this Section shall not apply to the village recordation. of Napoleonville. Approved by the Governor, May 11, 2016. * * * A true copy: Approved by the Governor, May 11, 2016. Tom Schedler A true copy: Secretary of State Tom Schedler ------Secretary of State ------ACT No. 77 ACT No. 74 ------HOUSE BILL NO. 1049 SENATE BILL NO. 144 Legislative Appropriations BY SENATOR MARTINY will publish in a later edition. AN ACT To amend and reenact R.S. 6:243(B)(1) and (2)(a) and (b), relative to immovable property; to provide for the accounting for immovable property held by a ------state bank; and to provide for related matters. Be it enacted by the Legislature of Louisiana: ACT No. 78 Section 1. R.S. 6:243(B)(1) and (2)(a) and (b) are hereby amended and - - - reenacted to read as follows: HOUSE BILL NO. 26 §243. Immovable property; dealings BY REPRESENTATIVES MONTOUCET AND REYNOLDS A. * * * AN ACT B.(1) Except for property held pursuant to Paragraphs (A)(1) and (A)(5) of To enact R.S. 11:2258.1, relative to decisions regarding eligibility for this Section, a state bank shall not hold immovable property as an asset for disability benefits from the Firefighters’ Retirement System; to provide a longer time than ten years. Any bank holding immovable property which relative to appeals of such decisions; and to provide for related matters is subject to the ten‑year divestiture period shall enter the immovable Notice of intention to introduce this Act has been published as provided by property on its books at fair market value, or acquisition cost, whichever is Article X, Section 29(C) of the Constitution of Louisiana. lower in accordance with generally accepted accounting principles (GAAP). Be it enacted by the Legislature of Louisiana: (2)(a) A state bank shall obtain annually, within a reasonable time as Section 1. R.S. 11:2258.1 is hereby enacted to read as follows: determined by the commissioner, from a qualified appraiser a current §2258.1. Disability benefits; appeal appraisal of the fair market value of any such property valued at an amount A member may appeal a decision made pursuant to R.S. 11:218(D)(2) or greater than two hundred fifty thousand dollars and shall reduce the value (3), regarding eligibility for disability benefits, by filing a petition in the of any property on its books if the fair market value has declined account for appropriate district court within thirty days after receipt of written notice the property in accordance with GAAP. of the decision. (b) For property valued at less than two hundred fifty thousand dollars, a Section 2. The provisions of this Act are applicable only if the decision state bank shall annually perform an adequate evaluation of such property. regarding eligibility for disability benefits is made after the effective date If it is determined after After adequate evaluation that of the property, has of this Act. a value that is less than its book value, then the book value shall be reduced Section 3. If House Bill No. 24 of this 2016 Regular Session is enacted to to reflect the correct valuation of the property in accordance with policies law, the Louisiana State Law Institute shall consolidate the provisions of THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 19 (House Bills) and underscored and boldfaced (Senate Bills) are additions. R.S. 11:2258.1 as contained therein with the provisions of R.S. 11:2258.1 as * * * contained in this Act. Section 2. R.S. 17:81(R)(1) and 399 6(B)(22) are hereby amended and reenacted Section 4. This Act shall become effective upon signature by the to read as follows: governor or, if not signed by the governor, upon expiration of the time for §81. General powers of local public school boards 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 R.(1) Each city, parish, or other local public school board shall provide to subsequently approved by the legislature, this Act shall become effective on high school students age and grade appropriate classroom instruction relative the day following such approval. to the state’s safe haven relinquishments law Safe Haven Law, Children’s Approved by the Governor, May 11, 2016. Code Articles Article 1149 through 1160 et seq., which provides a mechanism A true copy: whereby any parent may relinquish the care of an infant who is not more than Tom Schedler thirty sixty days old to the state in safety and anonymity and without fear of Secretary of State prosecution. ------* * * §3996. Charter schools; exemptions; requirements ACT No. 79 * * * - - - B. Notwithstanding any state law, rule, or regulation to the contrary and HOUSE BILL NO. 38 except as may be otherwise specifically provided for in an approved charter, a BY REPRESENTATIVES MONTOUCET AND REYNOLDS charter school established and operated in accordance with the provisions of AN ACT this Chapter and its approved charter and the school’s officers and employees To amend and reenact R.S. 11:157(A) and (C), relative to membership in the shall be exempt from all statutory mandates or other statutory requirements Firefighters’ Retirement System; to provide relative to reenrollment in the that are applicable to public schools and to public school officers and system by employees covered by Social Security; and to provide for related employees except for the following laws otherwise applicable to public matters. schools with the same grades: Notice of intention to introduce this Act has been published as provided by * * * Article X, Section 29(C) of the Constitution of Louisiana. (22) Teaching regarding the state’s safe haven relinquishments law Safe Be it enacted by the Legislature of Louisiana: Haven Law, R.S. 17:81(R). Section 1. R.S. 11:157(A) and (C) are hereby amended and reenacted to read * * * as follows: Section 3. Children’s Code Article 1150(2) is hereby amended and reenacted §157. Firefighters’ Retirement System; Municipal Police Employees’ to read as follows: Retirement System; optional membership; refund of employee contributions; Art. 1150. Definitions irrevocable election; reenrollment As used in this Chapter: A. Notwithstanding any other provision of law to the contrar y, any employee, * * * as defined in R.S.11:2252(9) or R.S. 11:2213(11), 11:2213 or 2252 who is employed (2) “Designated emergency care facility” means any hospital licensed in by any municipality, parish, or fire protection district of this state which has the state of Louisiana, any public health unit, any emergency medical service its employees covered under the federal Social Security program and which provider, any medical clinic, any fire station, any police station, anypregnancy has not previously and specifically excluded its police officers or firefighters crisis pregnancy center, or any child advocacy center. from coverage under this federal program, may elect not to be or elect not to * * * become a member of either state retirement system. Any member of either Approved by the Governor, May 11, 2016. state retirement system who elects not to be a member shall be refunded his A true copy: employee contributions which have been received by the system, without Tom Schedler interest for the period for which he contributed to the system. Secretary of State * * * ------C.(1) Any member who elects not to become a member of either retirement system set forth in Subsection A of this Section shall, before such election ACT No. 81 can become valid, execute and file with the retirement system an affidavit - - - stating that his election not to be a member is of his own free will and is his HOUSE BILL NO. 175 own voluntary act and deed. BY REPRESENTATIVES HILFERTY, ADAMS, AMEDEE, ANDERS, (2) Any member who files such an affidavit of election with the Municipal BACALA, BERTHELOT, CHAD BROWN, TERRY BROWN, GARY CARTER, Police Employees’ Retirement System shall not be eligible to rejoin the system STEVE CARTER, CONNICK, COX, DAVIS, EMERSON, FOIL, LANCE while he is employed by the same municipality, parish, or fire protection HARRIS, HAZEL, HODGES, HOFFMANN, HORTON, HOWARD, MIKE district which has its employees covered under the federal Social Security JOHNSON, ROBERT JOHNSON, LEBAS, LOPINTO, LYONS, MORENO, JAY program, unless he repays his previously refunded employee contributions, MORRIS, PIERRE, PYLANT, REYNOLDS, SCHRODER, SMITH, STOKES, within sixty days of re-enrollment reenrollment in the system, in one lump WHITE, AND WILLMOTT AND SENATORS ALARIO, ALLAIN, APPEL, sum, plus interest at the board-approved actuarial valuation rate in effect at BARROW, BISHOP, BOUDREAUX, COLOMB, CORTEZ, ERDEY, GATTI, the time of such repayment, calculated from the date of the refund until the HEWITT, LAFLEUR, LONG, MILKOVICH, MIZELL, MORRELL, PEACOCK, date of repayment. PETERSON, RISER, GARY SMITH, TARVER, THOMPSON, WALSWORTH, Section 2. This Act shall become effective upon signature by the governor WARD, AND WHITE or, if not signed by the governor, upon expiration of the time for bills to AN ACT become law without signature by the governor, as provided by Article III, To enact R.S. 17:407.40(A)(7), relative to regulations for early learning center Section 18 of the Constitution of Louisiana. If vetoed by the governor and licensing; to provide that the State Board of Elementary and Secondary subsequently approved by the legislature, this Act shall become effective on Education regulations include requirements for training on recognition the day following such approval. and prevention of shaken baby syndrome; to provide relative to information Approved by the Governor, May 11, 2016. and resources to be made available for such training; and to provide for A true copy: related matters. Tom Schedler Be it enacted by the Legislature of Louisiana: Secretary of State Section 1. R.S. 17:407.40(A)(7) is hereby enacted to read as follows: ------§407.40. Rules, regulations, and standards for licenses A. The State Board of Elementary and Secondary Education shall ACT No. 80 promulgate regulations for each type of license which, at a minimum, shall - - - accomplish all of the following: HOUSE BILL NO. 107 * * * BY REPRESENTATIVES WILLMOTT AND LEBAS (7) Include requirements for employees of early learning centers to receive AN ACT training in recognition and prevention of shaken baby syndrome. The To amend and reenact R.S. 14:46.4(B)(5), R.S. 17:81(R)(1) and 3996(B)(22), Department of Health and Hospitals, office of public health, shall provide and Children’s Code Article 1150(2), relative to the Safe Haven Law and information and resources to the state Department of Education for such references to certain provisions thereof in the Louisiana Revised Statutes; training and for other areas of training required for employees of early to provide for technical corrections; and to provide for related matters. learning centers in promoting the health, safety, and welfare of children. Be it enacted by the Legislature of Louisiana: The state Department of Education shall post such information and resources Section 1. R.S. 14:46.4(B)(5) is hereby amended and reenacted to read as on its website so that it is easily accessible by employees of early learning follows: centers. §46.4. Re‑homing of a child * * * * * * Approved by the Governor, May 11, 2016. B. Re‑homing does not include: A true copy: * * * Tom Schedler (5) Relinquishment of a child pursuant to the safe haven provisions of law Secretary of State the Safe Haven Law, Ch.C. Art. 1149 et seq. ------THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 20 (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 82 LYONS, MAGEE, MARCELLE, MIGUEZ, NORTON, POPE, PUGH, - - - REYNOLDS, RICHARD, SCHRODER, SMITH, WHITE, AND ZERINGUE HOUSE BILL NO. 190 AND SENATOR BARROW BY REPRESENTATIVE CONNICK AN ACT AN ACT To enact Children’s Code Articles 1160(A)(1)(c) and 1161, relative to duties of To amend and reenact Code of Criminal Procedure Article 718.1(A) and to the Department of Children and Family Services with respect to the Safe enact Code of Criminal Procedure Article 718.1(D), relative to disposing Haven Law; to establish and provide for an official Safe Haven symbol; to of sensitive evidence; to provide for those authorized to retain sensitive provide for purposes and uses of the symbol; to provide for promulgation evidence of certain criminal offenses; to declare certain evidence as of rules; and to provide for related matters. contraband; to provide with respect to court orders regarding certain Be it enacted by the Legislature of Louisiana: evidence; and to provide for related matters. Section 1. Children’s Code Articles 1160(A)(1)(c) and 1161 are hereby Be it enacted by the Legislature of Louisiana: enacted to read as follows: Section 1. Code of Criminal Procedure Article 718.1(A) is hereby amended A r t . 116 0. Add it ion a l r e g u lat ion s; Ad m i n is t r at ive P r o ce du r e Ac t ; r epor t i n g and reenacted and Code of Criminal Procedure Article 718.1(D) is hereby A. The department, in accordance with the Administrative Procedure enacted to read as follows: Act, shall promulgate all rules and regulations necessary to carry out the Art. 718.1. Evidence of obscenity, video voyeurism, or pornography provisions of this Chapter, including but not limited to the following: involving juveniles; prohibition on reproduction of pornography involving (1) Notice to the public of the existence of designated emergency care juveniles facilities and the use of safe havens through the following actions: A. In any criminal proceeding, any property or material that is alleged * * * to constitute evidence of obscenity as defined in R.S. 14:106(A)(2) that (c)(i) Promulgation of the image that shall constitute the official Safe is unlawfully possessed, video voyeurism as defined in R.S. 14:283, or Haven symbol in accordance with Article 1161 of this Chapter. pornography involving juveniles as defined in R.S. 14:81.1, shall remain in (ii) Transmittal of an electronic version of the Safe Haven symbol to any the care, custody, and control of the investigating law enforcement agency, designated emergency care facility upon request. the court, or the district attorney. (iii) Production and distribution to designated emergency care facilities * * * of signage bearing the Safe Haven symbol, subject to availability of funding D. Any material described in Paragraph A of this Article shall be for this purpose. contraband and shall not be disseminated or viewed by anyone other than as * * * provided for in this Article or for the purposes of prosecution of the related Art. 1161. Official Safe Haven symbol criminal offenses. The court may issue any orders it deems appropriate to A. The legislature hereby creates an official Safe Haven symbol for use ensure that the privacy concerns of the victim are addressed. in identifying to the public those sites which are classified as designated Approved by the Governor, May 11, 2016. emergency care facilities pursuant to the provisions of this Chapter, and for A true copy: any other use which the department deems necessary or advantageous in Tom Schedler f ulfillin g t he pu r poses set for t h in t his Chapt er. T he desi g n a nd promul gat ion Secretary of State of the symbol shall be in accordance with the provisions of this Article. ------B.(1) The general design of the Safe Haven symbol shall be as follows: Two solid lines, each oriented diagonally, meeting to form an apex in the ACT No. 83 style of a gable roof; superimposed upon and just underneath the image - - - of the roof being a stylized figure symbolic of an infant, oriented almost HOUSE BILL NO. 230 horizontally, consisting of a circle representing the infant’s head proximate BY REPRESENTATIVES SMITH, BAGNERIS, BOUIE, CARPENTER, to or adjoining an oval representing the infant’s body; superimposed upon GARY CARTER, COX, GAINES, JIMMY HARRIS, HUNTER, JACKSON, and just underneath the figure of the infant being a stylized figure symbolic JAMES, JEFFERSON, JENKINS, LYONS, MARCELLE, AND PRICE AND of the lower two-thirds of an arm and a hand of a person, oriented almost SENATORS BARROW AND COLOMB horizontally and opposite the direction in which the infant’s head lies, with AN ACT the figure of the arm bent in curvilinear form upward from the position of To amend and reenact R.S. 18:1302(4) and 1309(A)(1), relative to early voting; the elbow in a cradling posture; the design elements, collectively, giving the to provide for the period for conducting early voting; and to provide for appearance of an infant cradled in the arm of a person under the shelter of related matters. a roof. The color of these design elements shall be black. Be it enacted by the Legislature of Louisiana: (2) The department shall promulgate in rule the image that shall constitute Section 1. R.S. 18:1302(4) and 1309(A)(1) are hereby amended and reenacted the official Safe Haven symbol. to read as follows: C. The department is hereby authorized, but is not required, to produce §1302. Definitions electronic and physical copies of the Safe Haven symbol with any of the As used in this Chapter, unless the context clearly indicates otherwise, the following features individually or in any combination: following terms shall have the meanings hereafter ascribed to each: (1) Text reading “SAFE BABY SITE” in all capital letters appearing above * * * the symbol. (4) “Early voting” means the period of time from fourteen days to seven (2) A background that is either white or a shade of yellow typically used for days prior to any scheduled election when any person who is qualified to traffic warning signs indicating necessity of caution. vote may vote in person at a place designated by the registrar as provided Approved by the Governor, May 11, 2016. in R.S. 18:1309. A true copy: * * * Tom Schedler §1309. Early voting; verification Secretary of State A.(1)(a)(i) The period for conducting early voting shall be from fourteen ------days to seven days prior to any scheduled election. (ii) The period for conducting early voting shall also include the day added ACT No. 85 pursuant to Subparagraph (b) of this Paragraph, if applicable. - - - (b)(i) One day of early voting shall be added to the period specified in Item HOUSE BILL NO. 249 (a)(i) of this Paragraph if one or more holidays is required to be observed on BY REPRESENTATIVE CARMODY a weekday during that period pursuant to Paragraph (4) of this Subsection. AN ACT (ii) The additional day shall be the first day preceding the period described To amend and reenact R.S. 40:1749.18(B)(introductory paragraph) and (4) in Item (a)(i) of this Paragraph that is not a Sunday or a holiday required to and to enact R.S. 40:1749.18(B)(5), relative to underground utilities and be observed pursuant to Paragraph (4) of this Subsection. facilities damage prevention; to amend the requirements for certification * * * as a regional notification center; to provide for exceptions; to provide for Approved by the Governor, May 11, 2016. effectiveness; and to provide for related matters. A true copy: Be it enacted by the Legislature of Louisiana: Tom Schedler Section 1. R.S. 40:1749.18(B)(introductory paragraph) and (4) are hereby Secretary of State amended and reenacted and R.S. 40:1749.18(B)(5) is enacted to read as ------follows: §1749.18. Certification of a regional notification center by Department of ACT No. 84 Public Safety and Corrections - - - * * * HOUSE BILL NO. 237 B. For the purposes of promoting cost effectiveness, ease of use, safety, BY REPRESENTATIVES WILLMOTT, AMEDEE, BACALA, BAGNERIS, and the protection of property, workmen, and citizens from damage, injury, BARRAS, BILLIOT, BOUIE, BROADWATER, CHAD BROWN, TERRY and death, Such the rules and regulations shall include but not be limited BROWN, CARPENTER, ROBBY CARTER, STEVE CARTER, CHANEY, to requirements that the any regional notification center, that is either COX, DAVIS, DEVILLIER, EDMONDS, FALCONER, GISCLAIR, certified or that applies for certification pursuant to the provisions of this LANCE HARRIS, HILL, HOFFMANN, HOWARD, HUNTER, JACKSON, Chapter, must shall have and maintain the following: JEFFERSON, MIKE JOHNSON, NANCY LANDRY, LEBAS, LEGER, * * * THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 21 (House Bills) and underscored and boldfaced (Senate Bills) are additions. (4)(a) Specifically defined geopolitical services areas that are coterminous Approved by the Governor, May 11, 2016. with parish boundaries and do not overlap any other defined service area. A true copy: (b) The provisions of this Paragraph shall apply only to those regional Tom Schedler notification centers described in R.S. 40:1749.12(13)(a). Secretary of State (5) Any other requirements that may be necessary for a regional ------notification center to properly perform the duties and functions required under this Part. ACT No. 88 * * * - - - Section 2. This Act shall become effective upon signature by the governor HOUSE BILL NO. 288 or, if not signed by the governor, upon expiration of the time for bills to BY REPRESENTATIVE GAROFALO become law without signature by the governor, as provided by Article III, AN ACT Section 18 of the Constitution of Louisiana. If vetoed by the governor and To amend and reenact R.S. 9:5175(C)(1) and (2)(a), relative to bankruptcy subsequently approved by the legislature, this Act shall become effective on debtors; to provide relative to procedures for releasing judgments against the day following such approval. discharged bankruptcy debtors; and to provide for related matters. Approved by the Governor, May 11, 2016. Be it enacted by the Legislature of Louisiana: A true copy: Section 1. R.S. 9:5175(C)(1) and (2)(a) are hereby amended and reenacted to Tom Schedler read as follows: Secretary of State §5175. Order of discharge in bankruptcy; effect ------* * * C.(1) A judg ment debtor may obtain a par tial cancellation of the inscription ACT No. 86 of a judgment as it affects property not owned by the judgment debtor on - - - the date of his filing a petition under Chapter 7 or Chapter 13 of the United HOUSE BILL NO. 269 States Bankruptcy Code upon the filing of an affidavit in accordance with BY REPRESENTATIVES GREGORY MILLER AND MIKE JOHNSON this Subsection. (On Recommendation of the Louisiana State Law Institute) (2) The affidavit shall contain all of the following: AN ACT (a) A statement that the judgment debtor filed a petition under Chapter 7 To amend and reenact Civil Code Article 1522 and Code of Civil Procedure or Chapter 13 of the United States Bankruptcy Code. Article 3396.9, relative to successions and donations; to provide for separate * * * donations of usufruct and naked ownership; to provide for concurrence of Approved by the Governor, May 11, 2016. an interdict or unemancipated minor; and to provide for related matters. A true copy: Be it enacted by the Legislature of Louisiana: Tom Schedler Section 1. Civil Code Article 1522 is hereby amended and reenacted to Secretary of State read as follows: ------Art. 1522. Separate donations of usufruct and naked ownership. The same shall be observed as to the disposition inter vivos or mortis ACT No. 89 causa, by which the usufruct is given to one, and the naked ownership to - - - another. A disposition inter vivos or mortis causa by which the usufruct is HOUSE BILL NO. 289 given to one person and the naked ownership to another is not a prohibited BY REPRESENTATIVE GAROFALO substitution. AN ACT Section 2. Code of Civil Procedure Article 3396.9 is hereby amended and To enact R.S. 12:1-1443(B)(4), relative to a corporation’s juridical personality reenacted to read as follows: at the time of corporate termination; to provide for the existence of a Art. 3396.9. Unemancipated Interdicted or unemancipated minor corporation’s continued juridical personality to dispose of immovable A. If a successor whose concurrence is required for independent property; and to provide for related matters. administration is an unemancipated minor, the concurrence may be made Be it enacted by the Legislature of Louisiana: on his behalf by the administrator of his estate or his natural tutor, as Section 1. R.S. 12:1-1443(B)(4) is hereby enacted to read as follows: appropriate, without the need for a formal tutorship proceeding and or §1‑1443. Effective date and effects of termination concurrence of an undertutor. * * * B. If a successor whose concurrence is required is an interdict, the B. When the existence of the corporation terminates, the corporation’s concurrence may be made on his behalf by the curator without the need juridical personality ends except for purposes of any of the following: for court authorization in the interdiction proceeding or concurrence of the * * * undercurator. (4) Disposing of immovable property owned by the corporation pursuant to Approved by the Governor, May 11, 2016. a resolution of the board of directors. A true copy: * * * Tom Schedler Approved by the Governor, May 11, 2016. Secretary of State A true copy: ------Tom Schedler Secretary of State ACT No. 87 ------HOUSE BILL NO. 272 BY REPRESENTATIVE SMITH ACT No. 90 AN ACT - - - To enact R.S. 42:1123(13)(a)(iii), relative to the acceptance of complimentary HOUSE BILL NO. 475 admission by public servants; to allow the acceptance of complimentary BY REPRESENTATIVE HOFFMANN admission to certain events held for or by educational institutions and AN ACT other organizations; and to provide for related matters. To amend and reenact R.S. 15:555(A)(17), R.S. 36:3(4), 9(C)(2)(introductory Be it enacted by the Legislature of Louisiana: paragraph), 472(A), and 475, and R.S. 46:236.1.1(13) and to enact R.S. 36:476, Section 1. R.S. 42:1123(13)(a)(iii) is hereby enacted to read as follows: relative to the organization of the Department of Children and Family §1123. Exceptions Services; to rename the divisions of the department; to authorize a deputy This Part shall not preclude: secretary and assistant secretaries; to provide for an effect date; and to * * * provide for related matters. (13)(a) Be it enacted by the Legislature of Louisiana: * * * Section 1. R.S. 15:555(A)(17) is hereby amended and reenacted to read as (iii) The acceptance by a public servant of complimentary admission to a follows: fundraising event held by or for the benefit of an educational institution or §555. Sexual Assault Task Force; creation; membership; meetings by or for the benefit of a nonprofit organization which conducts educational A. The Louisiana Sexual Assault Task Force is hereby created within the programs. Department of Justice, office of the attorney general. The task force shall * * * consist of twenty-five members as follows: 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 (17) The deputy assistant secretary of programs child welfare of the become law without signature by the governor, as provided by Article III, Department of Children and Family Services, or his designee. Section 18 of the Constitution of Louisiana. If vetoed by the governor and * * * subsequently approved by the legislature, this Act shall become effective on Section 2. R.S. 36:3(4), 9(C)(2)(introductory paragraph), 472(A), and 475 are the day following such approval. hereby amended and reenacted and R.S. 36:476 is hereby enacted to read as follows: §3. Definitions THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 22 (House Bills) and underscored and boldfaced (Senate Bills) are additions. For the purposes of this Title the following terms shall have the following Approved by the Governor, May 12, 2016. meanings unless the context clearly indicates otherwise: A true copy: * * * Tom Schedler (4) “Deputy secretary” means the officer authorized to be appointed by Secretary of State the secretary to serve as his principal administrative assistant. For the ------Department of Public Safety and Corrections, the “deputy secretary for public safety services” and the “deputy secretary for corrections services” ACT No. 91 shall be the officers of the department appointed by the secretary to serve - - - as the principal administrative assistants of the secretary and references SENATE BILL NO. 432 in any provision of law to the deputy secretary, where reference is to a BY SENATORS PETERSON, APPEL, BARROW, BISHOP, BOUDREAUX, deputy secretary of the Department of Public Safety and Corrections, BROWN, CARTER, CLAITOR, COLOMB, MILLS AND MORRELL AND shall include these two officers. For the Louisiana Workforce Commission, REPRESENTATIVES BAGNERIS, GARY CARTER, JIMMY HARRIS, the “deputy executive director” shall mean the officer authorized by the HILFERTY, LEGER AND MORENO executive director to serve as his principal administrative assistant. For AN ACT the Department of Children and Family Services, “deputy secretary” means To amend and reenact R.S. 17:3995(A)(3) and (4)(a)(ii) and (I), and 3999, and to the officers appointed by the secretary to direct and be responsible for the enact R.S. 17:10.7.1, 100.11(I), and 3995(K), relative to the return of certain functions of the division of programs and the division of operations within schools from the Recovery School District to the transferring school the office of children and family services. system; to provide for the governance, funding, and status of such schools; * * * to provide for the return of school buildings, facilities, and property; §9. Designation of certain organizational units; uniform terminology to provide relative to charter contracts and enrollment and discipline * * * policies; to provide relative to testing; to provide for the duties and C. responsibilities of the local school board, the local school superintendent, * * * the Recovery School District, and the State Board of Elementary and (2) For the Department of Children and Family Services, each Secondary Education; to provide for an implementation plan and an organizational unit which reports to the secretary, which is not an agency advisory committee to help develop the plan; to provide for immunity from and is not within the division of management and finance, the division of civil liability for local school board members; to provide with respect to programs, child welfare, or the division of operations, family support, shall the funding of a charter school acting as its own local education agency; to be in the executive division, and shall be designated as follows: provide for rules; to provide for effectiveness; to provide for reporting; and * * * to provide for related matters. §472. Officers of the department; compensation for one office only Be it enacted by the Legislature of Louisiana: A. The officers of the department shall be the secretary, the deputy Section 1. R.S. 17:3995(A)(3) and (4)(a)(ii) and (I), and 3999 are hereby secretary, the undersecretary, the deputy secretary of programs assistant amended and reenacted, and R.S. 17:10.7.1, 100.11(I), and 3995(K) are hereby secretary of child welfare, and the deputy secretary of operations, assistant enacted to read as follows: secretary of family support, each of whom shall be selected and shall §10.7.1. Return of certain schools from the Recovery School District to the perform functions as provided in this Title. transferring school system; time line; conditions; funding * * * A. The provisions of this Section shall be applicable only to a school system §475. Deputy secretaries secretary from which one or more schools have been transferred to the Recovery School A. There shall be a deputy secretary of programs and a deputy secretary of District pursuant to R.S. 17:10.7. operations, each of whom shall be appointed by the secretary with consent B. To the extent that the provisions of this Section conflict with the provisions of the Senate and shall serve at the pleasure of the secretary at a salary of Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950, the provisions fixed by the secretary, which salary shall not exceed the amount approved of this Section shall prevail. for the respective position by the legislature while in session. The deputy C.(1) Not later than July 1, 2018, every school transferred to the Recovery secretary of programs shall serve as acting secretary in the absence of the School District pursuant to R.S. 17:10.5 or 10.7 shall be returned to the secretary. governance, administration, and jurisdiction of the local school system from B. The deputy secretar y of prog rams shall manage the division of prog rams which the school was transferred. and perform the duties and functions of the department related to program (2)(a) Each Type 5 charter school returned to the local school system shall be development and administration and development of rules and policies to converted to a Type 3B charter school in accordance with the provisions of R.S. govern the various programs of the office of children and family services. 17:3973(2)(b)(vii). C. The deputy secretary of operations shall manage the division of (b) The initial term of the charter for such Type 3B charter school shall be operations and perform the duties and functions of the department related equal to the number of years remaining on the school’s prior Type 5 charter to the program service delivery for the various programs of the office of contract. children and family services. (c) Each Type 5 charter school returned to the local school system shall remain The secretary may appoint, with consent of the Senate, a deputy secretary subject to any active federal consent judgments or settlement agreements as a of the department who shall serve at the pleasure of the secretary at a Type 3B charter school under the jurisdiction of the local school board. salary fixed by the secretary, which salary shall not exceed the amount D.(1) All buildings, facilities, and property owned by, or under the control of, approved for such position by the legislature while in session. The duties the Recovery School District shall be transferred to the local school system and functions of the deputy secretary shall be determined and assigned at the time the school is returned to the governance, administration, and by the secretary. If appointed, the deputy secretary shall serve as acting jurisdiction of the local school system from which the school was transferred. secretary in the absence of the secretary. However, any assets acquired by the charter school shall remain the property §476. Assistant secretaries of the charter school, as provided in R.S. 17:3991(H). A. There shall be an assistant secretary of child welfare and an assistant (2) Notwithstanding the provisions of this Subsection, unless otherwise agreed secretary of family support, who shall be appointed by the governor with to by the Recovery School District and the local school system, subject to any consent of the Senate and who shall serve at the pleasure of the governor necessary approval by the appropriate federal agency, the following shall apply: at a salary fixed by the governor, which salary shall not exceed the amount (a) A school facility under the control of the Recovery School District that is approved for such position by the legislature while in session. under construction or scheduled to be under construction pursuant to a federal B. The assistant secretary of child welfare shall manage the division of recovery plan, shall remain under the control of the Recovery School District child welfare and perform the duties and functions of the division related until construction is substantially complete. to program development and administration, program service delivery, (b) The Recovery School District and the state Department of Education shall and development of rules and policy to govern the various programs of the continue to operate as the federal grant applicant for projects completed by the division. Recovery School District pursuant to a federal recovery plan and shall retain C. The assistant secretary of family support shall manage the division of responsibility for the execution and administration of contractual warranties, family support and perform the duties and functions of the division related grant close-outs, and financing compliance periods for such projects. to program development and administration, program service delivery, (c)(i) The Recovery School District shall return all buildings, facilities, and and development of rules and policy to govern the various programs of the property related to a school which are owned by, or under the control of, the division. district to the local school system free of any encumbrances, including liens Section 3. R.S. 46:236.1.1(13) is hereby amended and reenacted to read as and judgments, other than those financing transactions to which the local follows: school board is a party. §236.1.1. Family and child support programs; definitions (ii) The local school board shall have no obligation to reimburse the Recovery For the purposes of this Subpart, the following items shall mean: School District, the state Department of Education, or the State Board of * * * Elementary and Secondary Education for any maintenance, alterations, or (13) “CSE administrator” means the program executive director of the other repairs made to any of the school’s buildings, facilities, or property before child support enforcement section, division of programs, family support, the school’s return to the local school system. office of children and family services, Department of Children and Family (d) The local school board and its individual members shall be immune Services. from civil liability for any damages arising from acts, omissions, or incidents * * * occurring during the time a school returned to the local school system was Section 4. This Act shall become effective on July 1, 2016. under the jurisdiction of the Recovery School District. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 23 (House Bills) and underscored and boldfaced (Senate Bills) are additions. (e) The local school board and its individual members shall be immune from any (1) Unless mutually agreed to by both the charter school’s governing liability or responsibility for any obligation, claim, demand for reimbursement, authority and the local school board pursuant to a duly authorized resolution or other indebtedness asserted by the Federal Emergency Management Agency, adopted by each governing entity, the local school board shall not impede the the United States Department of Housing and Urban Development, or any other operational autonomy of a charter school under its jurisdiction in the areas federal or state governmental agency or entity, with respect to construction of school programming, instruction, curriculum, materials and texts, yearly projects managed by the Recovery School District. school calendars and daily schedules, hiring and firing of personnel, employee E. Notwithstanding any law to the contrary, in order to support and protect performance management and evaluation, terms and conditions of employment, the interests and rights of the children it serves, the local school board: teacher or administrator certification, salaries and benefits, retirement, (1) Shall adopt a policy that establishes a process to determine the district‑level collective bargaining, budgeting, purchasing, procurement, and contracting funding allocation to be effective beginning July 1, 2017, and as revised in for services other than capital repairs and facilities construction. subsequent years as appropriate, based upon student characteristics or needs, (2) Each Type 3B charter school and, with the approval of the local school as determined by the local school board, to distribute the total amount of board, any other type of charter school under the board’s jurisdiction may minimum foundation program formula funds allocated to the local school act as its own local educational agency for one or more funding purposes or board and to Type 1, 1B, 3, 3B, 4, and 5 charter schools that are located within statutory definitions, in accordance with R.S. 17:3995, and rules adopted by the the geographic boundaries of the local school system. State Board of Elementary and Secondary Education. (2) May use local revenues from new or repurposed taxes levied by the board (3) Beginning July 1, 2017, each charter school under the local school board’s and approved by voters after September 1, 2016, for parish‑wide functions or jurisdiction shall provide for independent test monitoring from a third‑party programs specifically approved by the voters. entity approved by the school board for the testing period immediately (3) Shall approve charter operating agreements for all charter schools under preceding the board’s consideration of renewal of the charter school’s contract. the board’s jurisdiction that are limited to provisions which are common to H.(1)(a) The local school superintendent shall develop a plan to effect the all such charter contracts, unless terms specific to an individual school are return of schools from the Recovery School District to the local school board, authorized pursuant to policies of the board in accordance with applicable state as provided in this Section. law. (b) The local school superintendent, in consultation with the superintendent (4) Shall require all charter schools under the board’s jurisdiction to of the Recovery School District, shall convene an advisory committee to assist participate in the parish‑wide enrollment system and student expulsion in the development of the plan. process, according to policies established by the board. (2) The advisory committee shall be subject to the provisions of the Louisiana (5) May adopt a policy for charter schools under the school board’s jurisdiction Open Meetings Law, the Louisiana Public Records Law, and all local school that are in good standing in regard to compliance with the board’s parish‑wide board policy regarding public meetings and public documents. enrollment system and student expulsion process policies, so that such schools (3) The advisory committee shall be comprised of thirteen members as follows: shall be exempted from the minimum enrollment percentages required by R.S. (a) The local school superintendent. 17:3991. (b) The superintendent of the Recovery School District. (6) May provide a lottery preference for enrollment at elementary and middle (c) Two members who shall represent Type 5 charter school operators, schools under the board’s jurisdiction for students residing within defined appointed by the local school superintendent. geographic zones as one of the factors to determine student assignment, (d) Two members who shall represent Type 5 charter school operators, according to policies adopted by the board. Such preference shall be applied appointed by the superintendent of the Recovery School District. to not more than one-half of the seats available in each grade level to ensure (e) Two members who shall represent either a Type 1 or Type 3 charter school that seats in all schools are accessible to students residing outside of a school’s operator, appointed by the local school superintendent. respective geographic zones. Notwithstanding the provisions of this Subsection, (f) One member who shall represent a school directly operated by the local any Type 1 or Type 3 charter school which was first authorized by the board school board, appointed by the local school superintendent. on, or prior to, July 1, 2016, and whose charter contract includes a geographic (g) One member who shall represent an educational advocacy organization, preference in accordance with R.S. 17:3991, may maintain such preference appointed by the local school superintendent. with the approval of the board, in accordance with board policy adopted for this (h) One member who shall represent an educational advocacy organization, purpose. appointed by the superintendent of the Recovery School District. (7) May adopt a policy for cooperatively and annually establishing enrollment (i) Two members jointly appointed by the local school superintendent and the projections and targets for every school under the school board’s jurisdiction superintendent of the Recovery School District. and requiring enrollment of additional or fewer students throughout the school (4) The local school superintendent shall submit the plan to the local school year as necessary. The policy may consider factors including past trends in board for approval by September 1, 2016. The plan shall include: enrollment and school performance. (a) Consideration of equitable funding for governmental functions deemed (8) Shall adopt a policy establishing a process which allows the local appropriate for the efficient operation of a system of autonomous schools under superintendent to limit the percentage of system enrollment that any single the jurisdiction of the local school board. operator of schools or charter governing authority may serve to ensure that a (b) An implementation time line that shall include a detailed list of tasks diverse system of schools led by multiple high quality operators exists at all and benchmarks that are appropriately sequenced to efficiently facilitate times. the transfer of such functions and related funding from the Recovery School (9) Shall provide for the distribution of deferred local revenues to charter District with respect to the return of schools to the local school system. schools under the board’s jurisdiction in any year that such revenues exist. (5) After the local school board has approved the plan, the local school Deferred local revenues shall be defined as the amount of local revenues superintendent shall convene the advisory committee as often as he deems specified in R.S. 17:3995(A)(1) for distribution to all charter schools under the necessary, but at least on a quarterly basis, until all schools have been returned board’s jurisdiction that vary from the total amount of local revenues distributed from the Recovery School District to the local school system. to all charter schools pursuant to R.S. 17:3995(A)(3) due to a collection of local (6)(a) The local school superintendent shall prepare a written progress report revenues that is higher or lower than the amount projected by the board. In regarding implementation of the approved plan to return schools from the the event that actual local revenues are lower than the amount projected, the Recovery School District to the local school system not later than December 1, board may carry forward the amount of any loss, to be recovered from deferred 2016, March 1, 2017, June 1, 2017, September 1, 2017, December 1, 2017, March 1, revenues in any future year in which such revenues exceed projections, prior 2018, and June 1, 2018, and submit the report to the following: to distribution of such revenues to charter schools. (i) The State Board of Elementary and Secondary Education. F. In order to determine quality standards for all schools and intervene (ii) The local school board. appropriately in instances when student needs are not being met, the local (iii) The Recovery School District. superintendent shall: (iv) The state Department of Education. (1)(a) Present recommendations to the local school board regarding the (v) The education committees of the Senate and the House of Representatives. approval, extension, renewal, or revocation of the charter for any charter school (b) A final report shall be prepared and submitted to the entities enumerated under the board’s jurisdiction. in Subparagraph (a) of this Paragraph not later than August 1, 2018. (b) Unless rejected by a two-thirds vote of the full membership of the board, I.(1) The final transfer of schools from the Recovery School District to the local the local superintendent may implement any such recommendation submitted school board as provided in this Section may be postponed only by a majority to the board. vote of the full membership of the local school board or the full membership of (c) Any action by the board to reject a recommendation made by the local the State Board of Elementary and Secondary Education, and at least one of the superintendent pursuant to Subparagraph (b) of this Paragraph shall occur following must apply: no later than the first board meeting held after the meeting during which the (a) The local school board is not financially stable. recommendation was submitted to the board. (b) The local school board lacks a comprehensive expulsion and reentry (2) Monitor and require corrective actions by a charter school with respect to program for students. compliance with board policy, state law, or terms of the charter contract. (c) The local school board cannot assure the stability of employee retirement (3) Be authorized to require one or more charter schools under the school benefits. board’s jurisdiction to temporarily close, dismiss students, or evacuate in the (d) The local school board cannot ensure or provide sufficient insurance event that there are credible threats of terror, or an official state of emergency coverage. is declared for the area in which any school under the board’s jurisdiction is (e) The local school superintendent and the superintendent of the Recovery located. School District provide written certification that it is not feasible to meet the G. In order to ensure the appropriate level of autonomy to enable educators to time lines, tasks, and benchmarks established in the plan to effect the return of successfully prepare students for success in college and career: THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 24 (House Bills) and underscored and boldfaced (Senate Bills) are additions. schools from the Recovery School District to the jurisdiction of the local school subsequently approved by the legislature, this Act shall become effective on board as provided in Subsection H of this Section. the day following such approval. (f) The advisory committee, by a majority vote of its full membership, officially Approved by the Governor, May 12, 2016. requests the local school board or the State Board of Elementary and Secondary A true copy: Education to consider such postponement. Tom Schedler (2) Any action taken by the local school board or the State Board of Elementary Secretary of State and Secondary Education to postpone the final transfer of schools from the ------Recovery School District to the local school board must occur no later than January 31, 2018, and in no instance shall such postponement extend the final ACT No. 92 transfer date beyond July 1, 2019. - - - * * * HOUSE BILL NO. 70 §100.11. School facilities preservation; certain districts BY REPRESENTATIVE TERRY BROWN * * * AN ACT I.(1) Prior to July 1, 2017, the provisions of this Section shall be implemented To enact R.S. 33:455, relative to mayors’ courts; to establish a mayor’s court in accordance with a plan or agreement between the school board and the in the village of Creola in Grant Parish; to provide for the territorial Recovery School District. jurisdiction of the court; to provide for the powers and authority of the (2) Beginning on July 1, 2017, the provisions of this Section shall be mayor as magistrate of the court and other officers of the court; to provide implemented in accordance with the plan approved pursuant to R.S. 17:10.7.1. relative to subject matter jurisdiction of the court; and to provide for * * * related matters. §3995. Charter school funding Be it enacted by the Legislature of Louisiana: * * * Section 1. R.S. 33:455 is hereby enacted to read as follows: A.(1) * * * §455. Mayor’s court, village of Creola; establishment; jurisdiction (3) Notwithstanding Paragraph (1) of this Subsection and unless otherwise A. There is hereby created the Mayor’s Court of the Village of Creola, provided for in the approved minimum foundation program formula: the territorial jurisdiction of which shall extend throughout the village of (a) Through June 30, 2016, Type 3B charter schools shall receive funds Creola in Grant Parish. according to the district-level allocation formula based on weights for B. The general provisions of R.S. 33:441 and 442 shall be applicable to and student characteristics or needs used for Type 5 charter schools within the shall govern and regulate the Mayor’s Court of the Village of Creola, the same geographic boundaries as determined by the state board. jurisdiction of the court, and the power and authority of the mayor and other (b)(a) Beginning July 1, 2016, for a district with one or more Type 3B officers of the court. charter schools in a parish that contains a municipality with a population Section 2. This Act shall become effective upon signature by the governor of three hundred thousand or more persons according to the latest federal or, if not signed by the governor, upon expiration of the time for bills to decennial census, the total amount of minimum foundation program formula become law without signature by the governor, as provided by Article III, funds allocated to the local school board and to Type 1, 1B, 3, 3B, 4, and 5 Section 18 of the Constitution of Louisiana. If vetoed by the governor and charter schools that are located within the district shall be allocated using subsequently approved by the legislature, this Act shall become effective on a district-level computation based on student characteristics or needs as the day following such approval. determined by the state board. The state Department of Education shall Approved by the Governor, May 13, 2016. facilitate a collaborative process that includes representatives from the A true copy: Recovery School District, the Louisiana Association of Public Charter Tom Schedler Schools, any affected local school board and any organization representing Secretary of State its authorized charter schools, and advocates for students with disabilities ------in the development of the district-level allocation policy that shall take effect on July 1, 2016. ACT No. 93 (b) The local school board shall adopt a policy that establishes a process to - - - determine the district‑level funding allocation to be effective beginning July 1, SENATE BILL NO. 2 2017, and as revised in subsequent years as appropriate, based upon student BY SENATORS PEACOCK, ALARIO, BOUDREAUX, CARTER, CHABERT, characteristics or needs to distribute the total amount of minimum foundation CLAITOR, COLOMB, CORTEZ, FANNIN, HEWITT, JOHNS, LONG, program formula funds allocated to the local school board and to Type 1, 1B, 3, MARTINY, MILKOVICH, MILLS, MIZELL, PERRY, RISER, GARY SMITH, 3B, 4, and 5 charter schools that are located within the geographic boundaries TARVER, THOMPSON, WALSWORTH AND WHITE of the local school system. AN ACT (4)(a)(i) To enact R.S. 11:542.2, 883.4, 1145.3, and 1332.1, to authorize payments * * * funded by state retirement system experience accounts to certain retirees (ii) The state Department of Education may withhold and retain from and beneficiaries; to provide qualifications for receipt of such payments; to state funds otherwise allocated to a local public school system through the provide relative to the amount of such payments; to provide for an effective minimum foundation program formula an amount equal to one quarter of date; and to provide for related matters. one percent of the fee amount charged to a Type 3B charter school acting Notice of intention to introduce this Act has been published. as its own local education agency pursuant to Item (i) of this Subparagraph, Be it enacted by the Legislature of Louisiana: or a Type 1, 3, or 4 charter school acting as its own education agency pursuant Section 1. R.S. 11:542.2, 883.4, 1145.3, and 1332.1 are hereby enacted to read to R.S. 17:10.7.1, for administrative costs incurred by the department for as follows: providing financial oversight and monitoring of such charter schools. §542.2. Permanent benefit increase; payable July 1, 2016 * * * A. Notwithstanding any provision of R.S. 11:542 to the contrary, the board I. The local school board shall remain the local education agency for any of trustees of the Louisiana State Employees’ Retirement System may grant a Type 1, 3, or 4 charter school, unless the charter school is authorized to act as permanent benefit increase, funded exclusively with money from the experience its own local education agency, pursuant to R.S. 17:10.7.1. account and payable July 1, 2016, to the following retirees and beneficiaries: * * * (1) Any retiree, other than a disability retiree, who has attained at least age K. The State Board of Elementary and Secondary Education shall promulgate sixty and who has received a benefit for at least one year. rules in accordance with the Administrative Procedure Act regarding a charter (2) Any nonretiree beneficiary whose receipt of benefits is not based on the school acting as its own local education agency, pursuant to R.S. 17:10.7.1. Such death of a disability retiree, if benefits have been paid to the retiree or the rules shall: beneficiary or to both combined for at least one year, and if the retiree would (1) Delineate the financial and programmatic obligations of the charter school have attained age sixty. as related to the receipt of public funds. (3) Any disability retiree or any nonretiree beneficiary who receives benefits (2) Authorize the state superintendent of education to rescind a charter based on the death of a disability retiree, if benefits have been paid to the retiree school’s authority to act as its own local education agency if the school fails to or beneficiary or to both combined for at least one year. meet the financial and programmatic obligations established by the board. B. The increase authorized by this Section shall be payable only on the first * * * sixty thousand dollars of a retiree or beneficiary’s benefit and shall be an §3999. Application of Chapter amount determined by the system’s actuary with the agreement of the legislative A. All charter schools shall be governed by the law in effect on August 15, auditor’s actuary that is supported by the experience account balance after 2003. Thereafter, if the provisions of this Chapter are amended, all charter any credits or debits to the account pursuant to R.S. 11:542 up to a maximum schools shall comply with the law as amended within ninety days of its payment of one and one-half percent of the eligible benefit amount. effective date. * * * B. To the extent that the provisions of this Chapter conflict with the provisions §883.4. Permanent benefit increase; payable July 1, 2016 of R.S. 17:10.7.1, the provisions of R.S. 17:10.7.1 shall prevail. A. Notwithstanding any provision of R.S. 11:883.1 to the contrary, the board of Section 2. This Act shall become effective upon signature by the governor trustees of the Teachers’ Retirement System of Louisiana may grant a permanent or, if not signed by the governor, upon expiration of the time for bills to benefit increase, funded exclusively with money from the experience account become law without signature by the governor, as provided by Article III, and payable July 1, 2016, to the following retirees and beneficiaries: Section 18 of the Constitution of Louisiana. If vetoed by the governor and (1) Any retiree, other than a disability retiree, who has attained at least age sixty and who has received a benefit for at least one year. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 25 (House Bills) and underscored and boldfaced (Senate Bills) are additions. (2) Any nonretiree beneficiary whose receipt of benefits is not based on the for the determination of contributions required to fund the liabilities; to death of a disability retiree, if benefits have been paid to the retiree or the include certain administrative expenses in that determination; to provide beneficiary or to both combined for at least one year, and if the retiree would for an effective date; and to provide for related matters. have attained age sixty. Notice of intention to introduce this Act has been published. (3) Any disability retiree or any nonretiree beneficiary who receives benefits Be it enacted by the Legislature of Louisiana: based on the death of a disability retiree, if benefits have been paid to the retiree Section 1. R.S. 11:102(B)(3)(e) is hereby enacted to read as follows: or beneficiary or to both combined for at least one year. §102. Employer contributions; determinations; state systems B. The increase authorized by this Section shall be payable only on the first * * * sixty thousand dollars of a retiree or beneficiary’s benefit and shall be an B. * * * amount determined by the system’s actuary with the agreement of the legislative (3) With respect to each state public retirement system, the actuarially auditor’s actuary that is supported by the experience account balance after required employer contribution for each fiscal year, commencing with any credits or debits to the account pursuant to R.S. 11:883.1 up to a maximum Fiscal Year 1989‑1990, shall be that dollar amount equal to the sum of: payment of one and one-half percent of the eligible benefit amount. * * * * * * (e) Beginning in the first fiscal year in which the projected aggregate §1145.3. Cost-of-living adjustment; payable July 1, 2016 employer contribution rate, calculated without regard to any changes in the A. Notwithstanding any provision of R.S. 11:1145.1 to the contrary, the board board-approved actuarial valuation rate, will not increase, the projected of trustees of the Louisiana School Employees’ Retirement System may grant a noninvestment-related administrative expenses for the fiscal year. cost-of-living adjustment, funded exclusively with money from the experience * * * account and payable July 1, 2016, to the following retirees and beneficiaries: Section 2. This Act shall become effective on June 10, 2016; if vetoed by (1) Any retiree, other than a disability retiree, who has attained at least age the governor and subsequently approved by the legislature, this Act shall sixty and who has received a benefit for at least one year. become effective on June 10, 2016, or on the day following such approval by (2) Any nonretiree beneficiary whose receipt of benefits is not based on the the legislature, whichever is later. death of a disability retiree, if benefits have been paid to the retiree or the Approved by the Governor, May 19, 2016. beneficiary or to both combined for at least one year, and if the retiree would A true copy: have attained age sixty. Tom Schedler (3) Any disability retiree or any nonretiree beneficiary who receives benefits Secretary of State based on the death of a disability retiree, if benefits have been paid to the retiree ------or beneficiary or to both combined for at least one year. B. The increase authorized by this Section shall be payable only on the first ACT No. 95 sixty thousand dollars of a retiree or beneficiary’s benefit and shall be an - - - amount determined by the system’s actuary with the agreement of the legislative SENATE BILL NO. 18 auditor’s actuary that is supported by the experience account balance after any BY SENATORS PEACOCK, BOUDREAUX, credits or debits to the account pursuant to R.S. 11:1145.1 up to a maximum CORTEZ, LONG, MILKOVICH AND MIZELL payment of two percent of the eligible benefit amount. AN ACT * * * To amend and reenact R.S. 11:102(B)(1), (2), (3)(a), (b), (c), and (d), (i), (ii), (iii), §1332.1. Cost-of-living adjustment; payable July 1, 2016 and (iv), (4), and (5)(a) and (b), (C), and (D), 102.1(B)(2)(b), (3)(a)(i), (4), (5), and A. Notwithstanding any provision of R.S. 11:1332 to the contrary, the board (6) and (C)(2), (3)(a) and (c), (4), (5), and (6), 102.2(B)(2)(a), (3)(a)(i), (4), and (5) of trustees of the State Police Retirement System may grant a cost‑of‑living and (C)(2), (3)(a) and (c), (4), (5), and (6), 102.3, 542(A), (B), (C), (E), and (F), adjustment, funded exclusively with money from the experience account and 883.1(A), (B), (C), (E), and (F), 927(B)(2)(a)(introductory paragraph) and (i) payable July 1, 2016, to the following retirees and beneficiaries: and (b)(i) and (3)(a), 1145.1(A), (B), (C), (D), and (E), and 1332(A), (B), (C), (D), (1) Any retiree, other than a disability retiree, who has attained at least age (E), and (F), to enact R.S. 11:23, 102(E) and (F), 102.1(A)(4), (B)(3)(a)(iv), and sixty and who has received a benefit for at least one year. (D), 102.2(A)(4), (B)(3)(a)(iv), and (D), 102.4, 102.5, 102.6, 542(D) and 883.1(D), (2) Any nonretiree beneficiary whose receipt of benefits is not based on the and to repeal R.S. 11:102(B)(3)(d)(v), (vi), (vii), and (viii), 542(G), 883.1(G) and death of a disability retiree, if benefits have been paid to the retiree or the (H), 1145.1(F), and 1332(G), to provide for actuarial determinations and beneficiary or to both combined for at least one year and if the retiree would application of retirement system funds without allowing, authorizing, have attained age sixty. or granting benefit improvements; to provide for the determination of (3) Any disability retiree or any nonretiree beneficiary who receives benefits required employer contributions and application of investment earnings based on the death of a disability retiree, if benefits have been paid to the retiree to certain debts and accounts; to prioritize excess return allocations; to or beneficiary or to both combined for at least one year. provide for an effective date; and to provide for related matters. B. The increase authorized by this Section shall be payable only on the first Notice of intention to introduce this Act has been published. sixty thousand dollars of a retiree or beneficiary’s benefit and shall be an Be it enacted by the Legislature of Louisiana: amount determined by the system’s actuary with the agreement of the legislative Section 1. R.S. 11:102(B)(1), (2), (3)(a), (b), (c), and (d), (i), (ii), (iii), and (iv), (4), auditor’s actuary that is supported by the experience account balance after and (5)(a) and (b), (C), and (D), 102.1(B)(2)(b), (3)(a)(i), (4), (5), and (6) and (C)(2), any credits or debits to the account pursuant to R.S. 11:1332 up to a maximum (3)(a) and (c), (4), (5), and (6), 102.2(B)(2)(a), (3)(a)(i), (4), and (5) and (C)(2), (3) payment of two percent of the eligible benefit amount. (a) and (c), (4), (5), and (6), 102.3, 542(A), (B), (C), (E), and (F), 883.1(A), (B), (C), C. Notwithstanding any provision of R.S. 11:1332 to the contrary, the board (E), and (F), 927(B)(2)(a)(introductory paragraph) and (i) and (b)(i) and (3)(a), of trustees of the State Police Retirement System may grant a supplemental 1145.1(A), (B), (C), (D), and (E), and 1332(A), (B), (C), (D), (E), and (F) are hereby cost-of-living adjustment in accordance with R.S. 11:1332(F) to all retirees amended and reenacted and R.S. 11:23, 102(E) and (F), 102.1(A)(4), (B)(3)(a) and beneficiaries who are at least age sixty-five and who retired on or before (iv), and (D), 102.2(A)(4), (B)(3)(a)(iv), and (D), 102.4, 102.5, 102.6, and 542(D), June 30, 2001, funded exclusively with money from the experience account and 883.1(D) are hereby enacted to read as follows: payable July 1, 2016. §23. Funded percentage; state systems Section 2. Any cost of this Act not funded by payments made pursuant Except as otherwise provided in this Title, “funded percentage” for each state to the provisions of Section 1 of this Act shall be funded with additional public retirement system shall mean the valuation assets used to determine employer contributions in compliance with Article X, Section 29(F) of the the actuarially required contributions pursuant to R.S. 11:102 divided by the Constitution of Louisiana. accrued liability of the system determined by utilizing the funding method Section 3. This Act shall take effect and become operative if and when the established in R.S. 11:22. Acts which originated as Senate Bill No. 5 and Senate Bill No. 18 of the 2016 * * * Regular Session of the Legislature are enacted and become effective. §102. Employer contributions; determination; state systems Section 4. This Act shall become effective on June 30, 2016; if vetoed by * * * the governor and subsequently approved by the legislature, this Act shall B.(1) Except as provided in Subsection C of this Section for the Louisiana become effective on June 30, 2016, or on the day following such approval by State Employees’ Retirement System and Subsection D of this Section for the the legislature, whichever is later. Teachers’ Retirement System of Louisiana and except as provided in R.S. Approved by the Governor, May 19, 2016. 11:102.1, 102.2, 102.3, 102.4, and 102.5 and in Paragraph (5) of this Subsection, A true copy: for each fiscal year, commencing with Fiscal Year 1989‑1990, for each of Tom Schedler the public retirement systems referenced in Subsection A of this Section, Secretary of State the legislature shall set the required employer contribution rate for each ------system or plan equal to the actuarially required employer contribution, as determined under Paragraph (3) of this Subsection pursuant to the provisions ACT No. 94 of this Section, divided by the total projected payroll of all active members - - - of each particular system or plan for the fiscal year. Each entity funding a SENATE BILL NO. 5 portion of a member’s salary shall also fund the employer’s contribution BY SENATOR PEACOCK on that portion of the member’s salary at the employer contribution rate AN ACT specified in this Subsection Section. To enact R.S. 11:102(B)(3)(e), relative to projected noninvestment-related (2)(a) At the end of each fiscal year, the difference between the actuarially administrative expenses for the state retirement systems; to provide for required employer contribution for the fiscal year, as determined under calculation of liabilities; to provide for funding of the liabilities; to provide Paragraph (3) of this Subsection or pursuant to Subsection C of this Section THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 26 (House Bills) and underscored and boldfaced (Senate Bills) are additions. for the Louisiana State Employees’ Retirement System or Subsection D percent annually over the later of a period of fifteen years from the year of pursuant to the provisions of this Section for the Teachers’ Retirement System occurrence of the change or by the year 2029 provided in Subsection C, D, E, of Louisiana, and the amount of employer contributions actually received or F of this Section. for the fiscal year, excluding any amounts received for the extraordinary (iii) Except as provided in Items (v), (vi), (vii), and (viii) of this Subparagraph, purchase of additional benefits or service, shall be determined. changes Changes in actuarial assumptions or actuarial funding methods, (b) If the amount of employer contributions received for the fiscal year is excluding changes in methods of valuing of assets, such payments to be less than the actuarially required employer contribution for the fiscal year, computed as an amount forming an annuity increasing at four and one‑half due to the failure of the legislature to appropriate funds at the required percent annually over the later of a period of thirty years from the year of employer contribution rate, the difference shall be paid by the state occurrence of the change or by the year 2029 provided in Subsection C, D, E, treasurer from the state general fund upon warrant from the governing or F of this Section. authority of the retirement system. (iv) Except as provided in Items (v), (vi), (vii), and (viii) of this Subparagraph, (c) At the end of each fiscal year, the difference between the minimum changes Changes in actuarial accrued liability, computed using the actuarial employer contribution, as required by the Constitution of Louisiana, and the funding method as specified in R.S. 11:22, due to legislation changing plan actuarially required employer contribution for the fiscal year, as determined provisions, such payments to be computed in the manner and over the time under Paragraph (3) of this Subsection or pursuant to Subsection C of this period specified in the legislation creating the change or, if not specified in Section for the Louisiana State Employees’ Retirement System or Subsection such legislation, as an amount forming an annuity increasing at four and D pursuant to the provisions of this Section for the Teachers’ Retirement one‑half percent annually over the later of a period of fifteen years from the System of Louisiana, shall be determined and applied in accordance with year of occurrence of the change or by the year 2029 provided in Subsection the following provisions: C, D, E, or F of this Section. (i) The amount, if any, by which the actuarially required contribution for (4) At the end of the fiscal year during which the assets of a system, excluding a system exceeds the constitutionally required minimum contribution for the outstanding balance due to Subparagraph (B)(3)(c) of this Section, exceed that system shall be accumulated in an employer credit account which shall the actuarial accrued liability of that system, the amortization schedules be adjusted annually to reflect any gain or loss attributable to the balance contained in calculated pursuant to Subparagraphs (B)(3)(b) and (d) or in and in the account at the actuarial rate of return earned by the system. Subsection C, D, E, or F of this Section for the Louisiana State Employees’ (ii) Except as provided in Paragraph (5) of this Subsection, annual Retirement System or Subsection D of this Section for the Teachers’ contributions required in accordance with this Subsection Section, or the Retirement System of Louisiana shall be fully liquidated and assets in constitutional minimum if greater, may be funded in whole or in part from excess of the actuarial accrued liability shall be amortized as a credit in the employer credit account, provided the employee contribution rate or accordance with the provisions of Subparagraph (B)(3)(d) and Subsection C, rates for the system as set forth in R.S. 11:62 has or have been reduced to an D, E, or F of this Section. amount equal to or less than fifty percent of the annual normal cost for the (5)(a) Notwithstanding the provisions any other provision of this Section to system or the plan as provided in Subsection C or D of this Section, rounded the contrary, the gross employer contribution rate for the Louisiana State to the nearest one-quarter percent. Employees’ Retirement System and the Teachers’ Retirement System of (iii) For purposes of implementing Act No. 1331 of the 1999 Regular Session Louisiana shall not be less than fifteen and one-half percent per year until of the Legislature, the balance of the Employer Credit Account applicable such time as the unfunded accrued liability that existed on June 30, 2004, is to the Louisiana School Employees’ Retirement System as of June 30, 1999, fully funded. shall be fifty-six million seven hundred fifty-four thousand four hundred (b) At the end of each fiscal year, the difference, if any, by which the amount five dollars. of contributions received from payment of all employer contributions at (d) Except as provided in R.S. 11:102.1 and 102.2, differences occurring the fixed minimum employer contribution rate established pursuant to for any other reason shall be added to or subtracted from the following this Paragraph exceeds the greater of the minimum employer contribution fiscal year’s actuarially required employer contribution in accordance with required by Article X, Section 29 of the Constitution of Louisiana or the Subparagraph (3)(c) of this Subsection or with Subsection C of this Section statutory minimum employer contribution calculated according to the for the Louisiana State Employees’ Retirement System or Subsection D the methodology provided for in Items (3)(d)(i) through (iv) Subparagraph (3)(d) provisions of this Section for the Teachers’ Retirement System of Louisiana. of this Subsection or in Paragraph (C)(4) Subsection C or D of this Section (3) With respect to each state public retirement system, the actuarially for the Louisiana State Employees’ Retirement System or Paragraph (D)(4) required employer contribution for each fiscal year, commencing with of this Section for the Teachers’ Retirement System of Louisiana shall be Fiscal Year 1989‑1990, shall be that dollar amount equal to the sum of: accumulated in an employer credit account for the respective system. (a) The employer’s normal cost for that fiscal year, computed as of the first * * * of the fiscal year using the system’s actuarial funding method as specified in C.(1) This The provisions of this Subsection shall apply to the Louisiana State R.S. 11:22 and taking into account the value of future accumulated employee Employees’ Retirement System. contributions and interest thereon, such employer’s normal cost rate (2)(a) Except as provided in Subparagraph (b) of this Paragraph and in R.S. multiplied by the total projected payroll for all active members to the middle 11:102.5, effective July 1, 2004, and beginning with Fiscal Year 1998‑1999, the of that fiscal year. For the Louisiana State Employees’ Retirement System, amortization period for the changes, gains, or losses of the system provided effective for the June 30, 2010, 2010 system valuation and beginning with in Items (B)(3)(d)(i) through (iv) of this Section shall be thirty years from the Fiscal Year 2011-2012, the normal cost shall be determined in accordance year in which the change, gain, or loss occurred. The outstanding balances with Subsection C of this Section. For the Teachers’ Retirement System of amortization bases established pursuant to Items (B)(3)(d)(i) through (iv) of of Louisiana, effective for the June 30, 2011, 2011 system valuation and this Section before Fiscal Year 1998‑1999, shall be amortized as a level-dollar beginning with Fiscal Year 2012-2013, the normal cost shall be determined amount from July 1, 2004, through June 30, 2029. Beginning with Fiscal Year in accordance with Subsection D of this Section. 2003‑2004, and for each fiscal year thereafter, the outstanding balances of (b) That fiscal year’s payment, computed as of the first of that fiscal year amortization bases established pursuant to Items (B)(3)(d)(i) through (iv) of this and projected to the middle of that fiscal year at the actuarially-assumed Section shall be amortized as a level-dollar amount. Effective for the June 30, actuarially assumed interest rate, taking into account consolidation with 2010 system valuation and beginning with Fiscal Year 2011‑2012, amortization other amortization bases, if any, as provided in R.S. 11:42, 102.1, and 102.2, and payments for changes in actuarial liability shall be determined in accordance using the system’s amortization method specified in R.S. 11:42, necessary to with this Subsection. amortize the unfunded accrued liability as of June 30, 1988, such unfunded (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, accrued liability computed using the system’s actuarial funding method as effective for the June thirtieth valuation following the fiscal year in which the specified in R.S. 11:22. system first attains a funded percentage of seventy or more pursuant to R.S. (c) Except as provided in R.S. 11:102.1 and 102.2, that fiscal year’s payment, 11:542 and for every year thereafter, the amortization period for the changes, computed as of the first of that fiscal year and projected to the middle of gains, or losses of the system provided in Items (B)(3)(d)(i) through (iv) of this that fiscal year at the actuarially-assumed actuarially assumed interest Section occurring in that year or thereafter shall be twenty years from the year rate, necessary to amortize the prior year’s over or underpayment as a level in which the change, gain, or loss occurred. dollar amount over a period of five years. (c) Effective for the first system valuation following June 30, 2015, in which (d) That fiscal year’s payment, computed as of the first of that fiscal year an allocation is made to the system’s experience account and for each valuation and projected to the middle of that fiscal year at the actuarially assumed thereafter, actuarial gains allocated to the experience account shall be interest rate, necessary to amortize changes in actuarial liability due to: amortized as a loss with level payments over a ten-year period. (i) Except as provided in Items (v), (vi), (vii), and (viii) of this Subparagraph, (3) The provisions of this Paragraph and Paragraphs (4) through (9) of this actuarial Actuarial gains and losses, if appropriate for the funding method Subsection shall be applicable to the Louisiana State Employees’ Retirement used by the system as specified in R.S. 11:22, for each fiscal year beginning System effective for the June 30, 2010, 2010 system valuation and beginning after June 30, 1988, such payments to be computed as an amount forming Fiscal Year 2011-2012. For purposes of this Subsection, “plan” or “plans” an annuity increasing at four and one‑half percent annually over the later shall mean a subgroup within the system characterized by the following of a period of fifteen years from the year of occurrence or by the year 2029, employee classifications: such gains and losses to include any increases in actuarial liability due to (a) Rank-and-file members of the system. governing authority granted cost‑of‑living increases provided in Subsection (b) Full-time law enforcement personnel, supervisors, or administrators C, D, E, or F of this Section. who are employed with the Department of Revenue or office of alcohol and (ii) Except as provided in Items (v), (vi), (vii), and (viii) of this Subparagraph, tobacco control and who are P.O.S.T. certified, have the power to arrest, and changes Changes in the method of valuing of assets, such payments to be hold a commission from such office. computed as an amount forming an annuity increasing at four and one‑half THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 27 (House Bills) and underscored and boldfaced (Senate Bills) are additions. (c) Peace officers, as defined by R.S. 40:2402(3)(a), employed by the (7)(9) If provisions of this Section cover matters not specifically addressed Department of Public Safety and Corrections, office of state police, other by the provisions of this Subsection, then those provisions shall be than state troopers. applicable. (d) Judges and court officers to whom Subpart A of Part VII of Chapter 1 of D.(1) This The provisions of this Subsection shall apply to the Teachers’ Subtitle II of this Title is applicable. Retirement System of Louisiana. (e) Wildlife agents to whom Subpart B of Part VII of Chapter 1 of Subtitle II (2)(a) Except as provided in Subparagraph (b) of this Paragraph and in R.S. of this Title is applicable. 11:102.5, effective July 1, 2004, and beginning with Fiscal Year 2000-2001, the (f) Wardens, correctional officers, probation and parole officers, and amortization period for the changes, gains, or losses of the system provided security personnel employed by the Department of Public Safety and in Items (B)(3)(d)(i) through (iv) of this Section shall be thirty years from the Corrections who are members of the secondary component pursuant to year in which the change, gain, or loss occurred. The outstanding balances Subpart C of Part VII of Chapter 1 of Subtitle II of this Title. of amortization bases established pursuant to Items (B)(3)(d)(i) through (iv) of (g) Correctional officers, probation and parole officers, and security this Section before Fiscal Year 2000-2001, shall be amortized as a level-dollar personnel employed by the Department of Public Safety and Corrections amount from July 1, 2004, through June 30, 2029. Beginning with Fiscal Year who are members of the primary component. 2003-2004, and for each fiscal year thereafter, the outstanding balances of (h) Legislators, the governor, and the lieutenant governor. amortization bases established pursuant to Items (B)(3)(d)(i) through (iv) of this (i) Employees of the bridge police section of the Crescent City Connection Section shall be amortized as a level-dollar amount. Effective for the June 30, Division of the Department of Transportation and Development. 2011 system valuation and beginning with Fiscal Year 2012-2013, amortization (j) Hazardous duty plan members as provided pursuant to R.S. 11:611 et payments for changes in actuarial liability shall be determined in accordance seq. with this Subsection. (k) Judges as provided pursuant to R.S. 11:62(5)(a)(iii) and 444(A)(1)(a)(ii). (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, (l) Harbor Police Retirement Plan members as provided pursuant to R.S. effective for the June thirtieth valuation following the fiscal year in which the 11:631. system first attains a funded percentage of seventy or more pursuant to R.S. (m) Any other specialty retirement plan provided for a subgroup of system 11:883.1 and for every year thereafter, the amortization period for the changes, members. If the legislation enacting such a plan is silent as to the application gains, or losses of the system provided in Items (B)(3)(d)(i) through (iv) of this of this Subsection, the Public Retirement Systems’ Actuarial Committee Section occurring in that year or thereafter shall be twenty years from the year shall provide for the application to such plan. in which the change, gain, or loss occurred. (2)(4) For the Louisiana State Employees’ Retirement System, effective (c) Effective for the first system valuation following June 30, 2015, in which Effective for the June 30, 2010, 2010 system valuation and beginning with an allocation is made to the system’s experience account and for each valuation Fiscal Year 2011-2012, the normal cost calculated pursuant to Subparagraph thereafter, actuarial gains allocated to the experience account shall be (B)(3)(a) of this Section, shall be calculated separately for each particular amortized as a loss with level payments over a ten-year period. plan within the system. An employer shall pay employer contributions for (3) The provisions of this Paragraph and Paragraphs (4) through (9) of each employee at the rate applicable to the plan of which that employee is this Subsection shall be applicable to the Teachers’ Retirement System a member. of Louisiana effective for the June 30, 2011, 2011 system valuation and (3)(5) For the Louisiana State Employees’ Retirement System, effective beginning Fiscal Year 2012-2013. For purposes of this Subsection, “plan” Effective for the June 30, 2010, 2010 system valuation and beginning with or “plans” shall mean a subgroup within the system characterized by the Fiscal Year 2011-2012, changes in actuarial liability due to legislation, following employee classifications: changes in governmental organization, or reclassification of employees or (a) School lunch Plan A. positions shall be calculated individually for each particular plan within (b) School lunch Plan B. the system based on each plan’s actuarial experience as further provided in (c) Employees of an institution of postsecondary education, the Board Subparagraph (4)(c) (6)(c) of this Subsection. of Regents, or a postsecondary education management board who are not (4)(6) For each plan referenced in Paragraph (1) (3) of this Subsection, the employed for the sole purpose of providing instruction or administrative legislature shall set the required employer contribution rate equal to the services at the primary or secondary level, including at any lab school and sum of the following: the Louisiana School for Math, Science, and the Arts. (a) The particularized normal cost rate. The normal cost rate for each fiscal (d)(b) Any other specialty retirement plan provided for a subgroup of year shall be the employer’s normal cost for the plan computed by applying system members. If the legislation enacting such a plan is silent as to the the method specified in R.S. 11:102(B)(1) and (3)(a) to the plan. application of this Subsection, the Public Retirement Systems’ Actuarial (b) The shared unfunded accrued liability rate. (i) Except as provided Committee shall provide for the application to such plan. in Item (ii) of this Subparagraph, a single rate shall be computed for each (e)(c) All other teachers, as defined in R.S. 11:701(33), including members fiscal year, applicable to all plans for actuarial changes, gains, and losses paid from school food service funds as provided in R.S. 11:801 and 811. existing on June 30, 2010, or occurring thereafter, including experience and (2)(4) For the Teachers’ Retirement System of Louisiana, effective Effective investment gains and losses, which are independent of the existence of the for the June 30, 2011, 2011 system valuation and beginning with Fiscal Year plans listed in Paragraph (1) (3) of this Subsection, the payment and rate 2012-2013, the normal cost calculated pursuant to Subparagraph (B)(3)(a) of therefor shall be calculated as provided in this Subsection and Paragraphs this Section, shall be calculated separately for each particular plan within (B)(1) and (3) of this Section. the system. An employer shall pay employer contributions for each employee (ii) The shared unfunded accrued liability rate applicable to the Harbor at the rate applicable to the plan of which that employee is a member. Police Retirement System shall not include any unfunded accrued liability (3)(5) For the Teachers’ Retirement System of Louisiana, effective incurred on or before July 1, 2015, until the earlier of: Effective for the June 30, 2011, 2011 system valuation and beginning with (aa) July 1, 2022. Fiscal Year 2012‑2013, changes in actuarial liability due to legislation, (bb) The date that all sums payable by the Port of New Orleans to the board changes in governmental organization, or reclassification of employees or of trustees of the Louisiana State Employees’ Retirement System pursuant positions shall be calculated individually for each particular plan within to the terms and conditions of a cooperative endeavor agreement between the system based on each plan’s actuarial experience as further provided in the board of trustees of the Louisiana State Employees’ Retirement System, Subparagraph (4)(c) (6)(c) of this Subsection. the board of commissioners of the Port of New Orleans, and the board of (4)(6) For each plan referenced in Paragraph (1) (3) of this Subsection, the trustees of the Harbor Police Retirement System regarding the merger of legislature shall set the required employer contribution rate equal to the the Harbor Police Retirement System into the Louisiana State Employees’ sum of the following: Retirement System have been paid in full. (a) The particularized normal cost rate. The normal cost rate for each fiscal (c) The particularized unfunded accrued liability rate. For actuarial year shall be the employer’s normal cost for employees in the plan computed changes, gains, and losses, excluding experience and investment gains and by applying the method specified in Paragraph (B)(1) and Subparagraph (B) losses, first recognized in the June 30, 2010, 2010 valuation or in any later (3)(a) of this Section to the plan. valuation, attributable to one or more, but not all, plans listed in Paragraph (b) The shared unfunded accrued liability rate. A single rate shall be (1) (3) of this Subsection or to some new plan or plans, created, implemented, computed for each fiscal year, applicable to all plans for actuarial changes, or enacted after July 1, 2010, a particularized contribution rate shall be gains, and losses existing on June 30, 2011, or occurring thereafter, including calculated as provided in this Subsection and Paragraphs (B)(1) and (3) of experience and investment gains and losses, which are independent of the this Section. existence of the plans listed in Paragraph (1) (3) of this Subsection, the (d) The shared gross employer contribution rate difference. The gross payment and rate therefor shall be calculated as provided in this Subsection employer contribution rate difference shall be the difference between and Paragraphs (B)(1) and (3) of this Section. the minimum gross employer contribution rate provided in Paragraph (B) (c) The particularized unfunded accrued liability rate. For actuarial (5) of this Section and the aggregate employer contribution rate calculated changes, gains, and losses, excluding experience and investment gains and pursuant to the provisions of Subsection B of this Section. losses, first recognized in the June 30, 2011, 2011 valuation or in any later (5)(7) Each entity funding a portion of the member’s salary shall also fund valuation, attributable to one or more, but not all, plans listed in Paragraph the employer’s contribution on that portion of the member’s salary at the (1) (3) of this Subsection or to some new plan or plans, created, implemented, employer contribution rate specified in this Subsection. or enacted after July 1, 2011, a particularized contribution rate shall be (6)(8) For purposes of Paragraph (B)(2) of this Section the actuarially calculated as provided in this Subsection and Paragraphs (B)(1) and (3) of required employer contributions and the employer contributions actually this Section. received for all plans shall be totaled and treated as a single contribution. (d) The shared gross employer contribution rate difference. The gross employer contribution rate difference shall be the difference between THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 28 (House Bills) and underscored and boldfaced (Senate Bills) are additions. the minimum gross employer contribution rate provided in Paragraph (B) (c) “Secondary priority amount” shall mean the maximum amount of system (5) of this Section and the aggregate employer contribution rate calculated returns in excess of the system’s actuarially assumed rate of return that may pursuant to the provisions of Subsection B of this Section. be applied to the experience account amortization base, regardless of whether (5)(7) Each entity funding a portion of the member’s salary shall also fund actual returns that equal or exceed the maximum are available, and shall equal: the employer’s contribution on that portion of the member’s salary at the (i) For the June 30, 2015 valuation, fifty million dollars. employer contribution rate specified in this Subsection. (ii) For each valuation thereafter, before the original amortization base (6)(8) For purposes of Paragraph (B)(2) of this Section the actuarially is liquidated, the prior year’s secondary priority amount increased by the required employer contributions and the employer contributions actually percentage increase in the system’s actuarial value of assets for the prior year, received for all plans shall be totaled and treated as a single contribution. if any. (7)(9) If provisions of this Section cover matters not specifically addressed (iii) For the valuation in which the original amortization base is liquidated, by the provisions of this Subsection, then those provisions shall be that year’s secondary priority amount calculated pursuant to Item (ii) of applicable. this Subparagraph plus any money from that year’s primary priority amount E.(1) Except as provided in Paragraphs (2) and (3) of this Subsection and in remaining after liquidation of the original amortization base. R.S. 11:102.5, effective July 1, 2004, and beginning with Fiscal Year 2000‑2001, (iv) For the first valuation after the original amortization base is liquidated, the amortization period for the changes, gains, or losses of the Louisiana School the portion of the prior year’s primary priority amount that was necessary to Employees’ Retirement System provided in Items (B)(3)(d)(i) through (iv) of this liquidate the original amortization base plus the prior year’s secondary priority Section shall be thirty years from the year in which the change, gain, or loss amount, both increased by the percentage increase in the system’s actuarial occurred. The outstanding balances of amortization bases established pursuant value of assets for the prior year, if any. to Items (B)(3)(d)(i) through (iv) of this Section before Fiscal Year 2000-2001, (v) For the second valuation after the original amortization base is liquidated shall be amortized as a level-dollar amount from July 1, 2004, through June 30, and for each valuation thereafter, the prior year’s secondary priority amount 2029. Beginning with Fiscal Year 2003-2004, and for each fiscal year thereafter, increased by the percentage increase in the system’s actuarial value of assets the outstanding balances of amortization bases established pursuant to Items for the prior year, if any. (B)(3)(d)(i) through (iv) of this Section shall be amortized as a level-dollar (d) “Secondary allocation” shall mean the actual returns available for amount. application to the experience account amortization base. (2)(a) All outstanding amortization bases in existence on June 30, 2014, (e) “Residual priority amount” shall mean the maximum amount of system including outstanding balances established pursuant to Subparagraph (B)(3)(c) returns in excess of the system’s actuarially assumed rate of return that may be of this Section, shall be consolidated and reamortized over the period ending applied to the oldest outstanding positive amortization base after liquidation of June 30, 2044, with level-dollar payments, effective with the June 30, 2014 the experience account amortization base, regardless of whether actual returns valuation. This Paragraph shall not apply to amortization bases established that equal or exceed the maximum are available, and shall equal: after June 30, 2014. (i) For the valuation in which the experience account amortization base is (b) After payment of a permanent benefit increase pursuant to the provisions liquidated, the money from that year’s secondary allocation remaining after of R.S. 11:1145.1, the unused portion of the June 30, 2013 experience account liquidation of the experience account amortization base, if any. balance shall be credited in an amortization conversion account from which (ii) For the first valuation after the experience account amortization base annual contributions required pursuant to Subparagraph (a) of this Paragraph is liquidated, the prior year’s secondary priority amount, increased by the shall be funded in whole or in part for the years July 1, 2014, through June 30, percentage increase in the system’s actuarial value of assets for the prior year, 2019. Effective June 30, 2019, all funds remaining in the amortization conversion if any. account shall be amortized as a gain in accordance with the provisions of this (iii) For the second valuation after the experience account amortization base Subsection. is liquidated and for each valuation thereafter, the prior year’s residual priority (3) Notwithstanding the provisions of Paragraph (1) of this Subsection, amount increased by the percentage increase in the system’s actuarial value of effective for the June thirtieth valuation following the fiscal year in which the assets for the prior year, if any. system first attains a funded percentage of seventy-two or more pursuant to R.S. (f) “Residual allocation” shall mean the actual returns available for application 11:1145.1 and for every year thereafter, the amortization period for the changes, to the oldest outstanding positive amortization base after liquidation of the gains, or losses of the system provided in Items (B)(3)(d)(i) through (iv) of this experience account amortization base. Section occurring in that year or thereafter shall be twenty years from the year (g) In no event shall the total of one year’s priority amounts be less than the in which the change, gain, or loss occurred. total of the previous year’s priority amounts. (4) Effective for the first system valuation following June 30, 2015, in which (h) Notwithstanding the provisions of Subparagraph (i) of this Paragraph, an allocation is made to the system’s experience account and for each valuation effective for the June thirtieth valuation following the fiscal year in which the thereafter, actuarial gains allocated to the experience account shall be system first attains a funded percentage of eighty or more pursuant to R.S. 11:542 amortized as a loss with level payments over a ten-year period. and for each valuation thereafter, the net remaining liability of the amortization F.(1) Except as provided in Paragraph (2) of this Subsection and in R.S. base to which the funds are applied shall be reamortized with annual level- 11:102.5, effective July 1, 2009, and beginning with Fiscal Year 1992-1993, the dollar payments calculated as provided in R.S. 11:102 over the remainder of the amortization period for the changes, gains, or losses of the Louisiana State Police amortization period originally established for that amortization base. Retirement System provided in Items (B)(3)(d)(i) through (iv) of this Section (i) Beginning with Fiscal Year 2019-2020 and every fifth fiscal year thereafter, shall be thirty years from the year in which the change, gain, or loss occurred. the remaining liability net of all payments made since the last reamortization The outstanding balances of amortization bases established pursuant to Items shall be reamortized over the remainder of the amortization period originally (B)(3)(d)(i) through (iv) of this Section before Fiscal Year 2008-2009 shall be established for that amortization base with annual payments calculated as amortized as a level-dollar amount from July 1, 2009, through June 30, 2029. provided for in this Section. Beginning with Fiscal Year 2008-2009, and for each fiscal year thereafter, the (j) Except as provided in Subparagraphs (h) and (i) of this Paragraph and in outstanding balances of amortization bases established pursuant to Items (B) Item (B)(3)(a)(iv) of this Section, the net remaining liability of the amortization (3)(d)(i) through (iv) of this Section shall be amortized as a level-dollar amount. base to which the funds are applied shall not be reamortized after such (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, application. effective for the June thirtieth valuation following the fiscal year in which the B. Original amortization base. system first attains a funded percentage of seventy or more pursuant to R.S. * * * 11:1332 and for every year thereafter, the amortization period for the changes, (2)(a) * * * gains, or losses of the system provided in Items (B)(3)(d)(i) through (iv) of this (b) The balance in this account as of June 30, 2008, exclusive of any Section occurring in that year or thereafter shall be twenty years from the year subaccount balance, shall be credited with interest at the system’s in which the change, gain, or loss occurred. actuarially-assumed actuarially assumed interest rate until the funds in the (3) Effective for the first system valuation following June 30, 2015, in which account are applied as provided in this Subsection. an allocation is made to the system’s experience account and for each valuation (3)(a) This consolidated amortization base shall be known as the “original thereafter, actuarial gains allocated to the experience account shall be amortization base” and shall be amortized with annual payments calculated amortized as a loss with level payments over a ten-year period. as follows: §102.1. Consolidation of amortization Amortization payment schedules; (i) For Fiscal Year 2010-2011, the projected payment shall be the amount priority excess return allocations; Louisiana State Employees’ Retirement specified in the June 30, 2009 system valuation adopted by the Public System Retirement Systems’ Actuarial Committee pursuant to R.S. 11:127. The A. * * * actuarially-required actuarially required contribution shall be determined (4) For purposes of this Section, the following shall apply: in accordance with the provisions of R.S. 11:102 in the June 30, 2010 system (a) “Primary priority amount” shall mean the maximum amount of system valuation adopted by the committee. returns in excess of the system’s actuarially assumed rate of return that may be * * * applied to the original amortization base, regardless of whether actual returns (iv) Notwithstanding any provision of this Section to the contrary, the net that equal or exceed the maximum are available, and shall equal: remaining liability shall be reamortized over the remainder of the amortization (i) For the June 30, 2015 valuation, fifty million dollars. period ending in 2029 in the first valuation after Fiscal Year 2019-2020 for (ii) For each valuation thereafter, the prior year’s primary priority amount which this reamortization results in annual level-dollar payments that do not increased by the percentage increase in the system’s actuarial value of assets exceed the payment otherwise required for that year’s valuation. for the prior year, if any. * * * (b) “Primary allocation” shall mean the actual returns available for (4)(a) Except as provided in Paragraph (6) of this Subsection, in any year application to the original amortization base. in which the system exceeds its actuarially-assumed actuarially assumed THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 29 (House Bills) and underscored and boldfaced (Senate Bills) are additions. rate of return, the excess returns, up to the first fifty million for the June provided by law; if the system is less than eighty-five percent funded prior to 30, 2015, valuation, the primary allocation shall be applied to the remaining application of the funds, the net remaining liability shall not be reamortized balance of the original amortization base established in this Subsection. after such application. The maximum amount of excess returns to be applied in any subsequent (6) For the June 30, 2014, 2014 valuation, if the excess returns of the system year pursuant to the provisions of this Subparagraph shall equal the prior exceed the amount applied to the original amortization base pursuant to year’s maximum amount increased by the percentage increase in the Subparagraph Paragraph (B)(6) of this Section, the remaining excess returns, system’s actuarial value of assets for the preceding year, if any. up to the next twenty-five million dollars, shall be applied to the remaining (b) For any payment made pursuant to the provisions of this Paragraph, if balance of the experience account amortization base established in this the system is eighty-five percent funded or greater prior to the application Subsection, without reamortization of such base. of the funds, the net remaining liability shall be reamortized over the D.(1) If both the original amortization base and the experience account remaining amortization period with annual payments calculated as amortization base have been liquidated, the residual allocation shall be applied provided in this Subsection or as otherwise provided by law; if the system is to the system’s oldest outstanding positive amortization base, excluding any less than eighty-five percent funded prior to application of the funds, the net liability established pursuant to R.S. 11:102(B)(2)(a) or (3)(c) or (C)(6)(c) until remaining liability shall not be reamortized after such application. all such bases are completely liquidated. After the final base is completely (5) Notwithstanding the provisions of R.S. 11:102(B)(3)(c) and (5) or any other liquidated, the assets shall be treated as provided in R.S. 11:102(B)(4). provision of law to the contrary, in any year through Fiscal Year 2016-2017 (2) If there are multiple positive bases of the same age and the same duration, in which the system receives an overpayment of employer contributions as all such bases shall be collapsed into a single base for purposes of this determined pursuant to R.S. 11:102(B)(2) and in any year through Fiscal Year Subsection. 2016-2017 in which the system receives additional contributions pursuant to (3) If there are multiple positive bases of the same age but of different R.S. 11:102(B)(5), the amount of such overpayment or additional contribution durations, the oldest outstanding positive amortization base with the shortest shall be applied to the remaining balance of the original amortization base remaining amortization period shall be treated as the “oldest” for purposes of established pursuant to this Subsection. For any payment made pursuant this Subsection. to the provisions of this Paragraph, if the system is eighty-five percent §102.2. Consolidation of amortization Amortization payment schedules; funded or greater prior to the application of the funds, the net remaining priority excess return allocations; Teachers’ Retirement System of Louisiana liability shall be reamortized over the remaining amortization period with A. * * * annual payments calculated as provided in this Subsection or as otherwise (4) For purposes of this Section, the following shall apply: provided by law; if the system is less than eighty-five percent funded prior to (a) “Primary priority amount” shall mean the maximum amount of system application of the funds, the net remaining liability shall not be reamortized returns in excess of the system’s actuarially assumed rate of return that may be after such application. applied to the original amortization base, regardless of whether actual returns (6) For the June 30, 2014, 2014 va luat ion, if t he s yst em exceeds it s actuarially- that equal or exceed the maximum are available, and shall equal: assumed actuarially assumed rate of return, the excess returns, up to the (i) For the June 30, 2015 valuation, one hundred million dollars. first twenty-five million dollars, shall be applied to the remaining balance (ii) For each valuation thereafter, the prior year’s primary priority amount of the original amortization base established in this Subsection, without increased by the percentage increase in the system’s actuarial value of assets reamortization of such base. for the prior year, if any. C. Experience account amortization base. (b) “Primary allocation” shall mean the actual returns available for * * * application to the original amortization base. (2) To this shall be applied the balance in the experience account or the (c) “Secondary priority amount” shall mean the maximum amount of system balance in the subaccount of the Texaco Account created pursuant to R.S. returns in excess of the system’s actuarially assumed rate of return that may 11:542(A)(1)(b)(iii). be applied to the experience account amortization base, regardless of whether (3) This consolidated amortization base shall be known as the “experience actual returns that equal or exceed the maximum are available, and shall equal: account amortization base” and shall be amortized with annual payments (i) For the June 30, 2015 valuation, one hundred million dollars. over a thirty‑year period beginning in Fiscal Year 2010‑2011 as follows: (ii) For each valuation thereafter, before the original amortization base (a) For Fiscal Year 2010-2011, the projected payment shall be the amount is liquidated, the prior year’s secondary priority amount increased by the specified in the June 30, 2009 system valuation adopted by the Public percentage increase in the system’s actuarial value of assets for the prior year, Retirement Systems’ Actuarial Committee pursuant to R.S. 11:127. The if any. actuarially-required actuarially required contribution shall be determined (iii) For the valuation in which the original amortization base is liquidated, in accordance with the provisions of R.S. 11:102 in the June 30, 2010 system that year’s secondary priority amount calculated pursuant to Item (ii) of valuation adopted by the committee. this Subparagraph plus any money from that year’s primary priority amount * * * remaining after liquidation of the original amortization base. (c) Beginning in Fiscal Year 2018‑2019, the outstanding balance shall be (iv) For the first valuation after the original amortization base is liquidated, amortized over the remaining period with annual level dollar level-dollar the portion of the prior year’s primary priority amount that was necessary to payments. liquidate the original amortization base plus the prior year’s secondary priority (4)(a) Except as provided in Paragraph (6) of this Subsection, in any year amount, both increased by the percentage increase in the system’s actuarial before the liquidation of the original amortization base in which the excess value of assets for the prior year, if any. returns of the system exceed the primary priority amount applied to the (v) For the second valuation after the original amortization base is liquidated Original Amortization Base pursuant to Subparagraph (B)(4)(a) of this and for each valuation thereafter, the prior year’s secondary priority amount Section, the remaining excess returns, up to the next fifty million dollars increased by the percentage increase in the system’s actuarial value of assets for the June 30, 2015, valuation, the secondary allocation shall be applied to for the prior year, if any. the experience account amortization base established in this Subsection. (d) “Secondary allocation” shall mean the actual returns available for The maximum amount of excess returns to be applied in any subsequent application to the experience account amortization base. year pursuant to the provisions of this Subparagraph shall equal the prior (e) “Residual priority amount” shall mean the maximum amount of system year’s maximum amount increased by the percentage increase in the returns in excess of the system’s actuarially assumed rate of return that may be system’s actuarial value of assets for the preceding year, if any. In the year in applied to the oldest outstanding positive amortization base after liquidation of which the original amortization base is liquidated and for each year thereafter the experience account amortization base, regardless of whether actual returns until the experience account amortization base is liquidated, the secondary that equal or exceed the maximum are available, and shall equal: allocation shall be applied to the experience account amortization base. (i) For the valuation in which the experience account amortization base is (b) For any payment made pursuant to the provisions of this Paragraph, if liquidated, the money from that year’s secondary allocation remaining after the system is eighty-five percent funded or greater prior to the application liquidation of the experience account amortization base, if any. of the funds, the net remaining liability shall be reamortized over the (ii) For the first valuation after the experience account amortization base remaining amortization period with annual payments calculated as is liquidated, the prior year’s secondary priority amount, increased by the provided in this Subsection or as otherwise provided by law; if the system is percentage increase in the system’s actuarial value of assets for the prior year, less than eighty-five percent funded prior to application of the funds, the net if any. remaining liability shall not be reamortized after such application. (iii) For the second valuation after the experience account amortization base (5) Notwithstanding the provisions of R.S. 11:102(B)(3)(c) and (5) or any is liquidated and for each valuation thereafter, the prior year’s residual priority other provision of law to the contrary, in any year from Fiscal Year 2017-2018 amount increased by the percentage increase in the system’s actuarial value of through Fiscal Year 2039-2040 in which the system receives an overpayment assets for the prior year, if any. of employer contributions as determined pursuant to R.S. 11:102(B)(2) and in (f) “Residual allocation” shall mean the actual returns available for application any year from Fiscal Year 2017-2018 through Fiscal Year 2039-2040 in which to the oldest outstanding positive amortization base after liquidation of the the system receives additional contributions pursuant to R.S. 11:102(B)(5), experience account amortization base. the amount of such overpayment or additional contribution shall be applied (g) In no event shall the total of one year’s priority amounts be less than the to the remaining balance of the experience account amortization base total of the previous year’s priority amounts. established pursuant to this Subsection. For any payment made pursuant (h) Notwithstanding the provisions of Subparagraph (i) of this Paragraph, to the provisions of this Paragraph, if the system is eighty-five percent effective for the June thirtieth valuation following the fiscal year in which funded or greater prior to the application of the funds, the net remaining the system first attains a funded percentage of eighty or more pursuant to liability shall be reamortized over the remaining amortization period with R.S. 11:883.1 and for each valuation thereafter, the net remaining liability annual payments calculated as provided in this Subsection or as otherwise of the amortization base to which the funds are applied shall be reamortized THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 30 (House Bills) and underscored and boldfaced (Senate Bills) are additions. with annual level-dollar payments calculated as provided in R.S. 11:102 over the prior year’s maximum amount increased by the percentage increase in the remainder of the amortization period originally established for that the system’s actuarial value of assets for the preceding year, if any. In the amortization base. year in which the original amortization base is liquidated and for each year (i) Beginning with the 2019-2020 Fiscal Year and every fifth fiscal year thereafter until the experience account amortization base is liquidated, the thereafter, the remaining liability net of all payments made since the last secondary allocation shall be applied to the experience account amortization reamortization shall be reamortized over the remainder of the amortization base. period originally established for that amortization base with annual payments (b) For any payment made pursuant to the provisions of this Paragraph, if calculated as provided for in this Section. the system is eighty-five percent funded or greater prior to the application (j) Except as provided in Subparagraphs (h) and (i) of this Paragraph and in of the funds, the net remaining liability shall be reamortized over the Item (B)(3)(a)(iv) of this Section, the net remaining liability of the amortization remaining amortization period with annual payments calculated as base to which the funds are applied shall not be reamortized after such provided in this Subsection or as otherwise provided by law; if the system is application. less than eighty-five percent funded prior to application of the funds, the net B. Original amortization base. remaining liability shall not be reamortized after such application. * * * (5) Notwithstanding the provisions of R.S. 11:102(B)(3)(c) and (5) or any (2)(a) To this base shall be applied any monies in the separate fund known other provision of law to the contrary, in any year from Fiscal Year 2009-2010 alternatively as the “Texaco Account” or the “Initial Unfunded Accrued through Fiscal Year 2039-2040 in which the system receives an overpayment Liability Account”on June 30, 2010, and any appropriation provided in the of employer contributions as determined pursuant to R.S. 11:102(B)(2) and in 2009 Regular Session of the Legislature. The balance in this account as of any year from Fiscal Year 2009-2010 through Fiscal Year 2039-2040 in which June 30, 2008, exclusive of any subaccount balance, shall be credited with the system receives additional contributions pursuant to R.S. 11:102(B)(5), interest at the system’s actuarially-assumed actuarially assumed interest the amount of such overpayment or additional contribution shall be applied rate until the funds in the account are applied as provided in this Subsection. to the remaining balance of the experience account amortization base * * * established pursuant to this Subsection. For any payment made pursuant (3)(a) This consolidated amortization base shall be known as the “original to the provisions of this Paragraph, if the system is eighty-five percent amortization base” and shall be amortized with annual payments calculated funded or greater prior to the application of the funds, the net remaining as follows: liability shall be reamortized over the remaining amortization period with (i) For Fiscal Year 2010-2011, the projected payment shall be the amount annual payments calculated as provided in this Subsection or as otherwise specified in the June 30, 2009 system valuation adopted by the Public provided by law; if the system is less than eighty-five percent funded prior to Retirement Systems’ Actuarial Committee pursuant to R.S. 11:127. The application of the funds, the net remaining liability shall not be reamortized actuarially-required actuarially required contribution shall be determined after such application. in accordance with the provisions of R.S. 11:102 in the June 30, 2010 system (6) For the June 30, 2014, 2014 valuation, if the excess returns of the system valuation adopted by the committee. exceed the amount applied to the original amortization base pursuant to * * * Subparagraph Paragraph (B)(5) of this Section, the remaining excess returns, (iv) Notwithstanding any provision of this Section to the contrary, the net up to the next fifty million dollars, shall be applied to the remaining balance remaining liability shall be reamortized over the remainder of the amortization of the experience account amortization base established in this Subsection, period ending in 2029 in the first valuation after Fiscal Year 2019-2020 for without reamortization of such base. which this reamortization results in annual level-dollar payments that do not D.(1) If both the original amortization base and the experience account exceed the payment otherwise required for that valuation. amortization base have been liquidated, the residual allocation shall be applied * * * to the system’s oldest outstanding positive amortization base, excluding any (4)(a) Except as provided in Paragraph (5) of this Subsection, in any year in liability established pursuant to R.S. 11:102(B)(2)(a) or (3)(c) or (D)(6)(c), until which the system exceeds its actuarially-assumed actuarially assumed rate all such bases are completely liquidated. After the final base is completely of return, the excess returns, up to the first one hundred million dollars liquidated, the assets shall be treated as provided in R.S. 11:102(B)(4). for the June 30, 2015, valuation, the primary allocation shall be applied to (2) If there are multiple positive bases of the same age and the same duration, the remaining balance of the original amortization base established in this all such bases shall be collapsed into a single base for purposes of this Subsection. The maximum amount of excess returns to be applied in any Subsection. subsequent year pursuant to the provisions of this Subparagraph shall equal (3) If there are multiple positive bases of the same age but of different the prior year’s maximum amount increased by the percentage increase in durations, the oldest outstanding positive amortization base with the shortest the system’s actuarial value of assets for the preceding year, if any. remaining amortization period shall be treated as the “oldest” for purposes of (b) For any payment made pursuant to the provisions of this Paragraph, if this Subsection. the system is eighty-five percent funded or greater prior to the application §102.3. Priority excess return allocations; Louisiana School Employees’ of the funds, the net remaining liability shall be reamortized over the Retirement System remaining amortization period with annual payments calculated as A. For purposes of this Section, the following shall apply: provided in this Subsection or as otherwise provided by law; if the system is (1) “Priority amount” shall mean the maximum amount of system returns in less than eighty-five percent funded prior to application of the funds, the net excess of the system’s actuarially assumed rate of return that may be applied to remaining liability shall not be reamortized after such application. the oldest outstanding positive amortization base, regardless of whether actual (5) For the June 30, 2014, 2014 valuation, if the system exceeds its returns that equal or exceed the maximum are available, and shall equal: actuarially-assumed actuarially assumed rate of return, the excess returns, (a) For the June 30, 2015 valuation, fifteen million dollars. up to the first fifty million dollars, shall be applied to the remaining balance (b) For each valuation thereafter, the prior year’s priority amount increased of the original amortization base established in this Subsection, without by the percentage increase in the system’s actuarial value of assets for the prior reamortization of such base. year, if any. C. Experience account amortization base. (2) “Priority allocation” shall mean the actual returns available for application * * * to the oldest outstanding positive amortization base. (2) To this shall be applied the balance in the experience account or the (3) For any valuation in which the oldest outstanding positive amortization balance in the subaccount of the Texaco Account created pursuant to R.S. base is liquidated without using the full amount of the priority allocation, the 11:883.1(A)(1)(b)(iii). remaining amount from that year’s priority allocation after liquidation of the (3) This consolidated amortization base shall be known as the “experience oldest base shall be applied to the next oldest base. account amortization base” and shall be amortized with annual payments (4) In no event shall one year’s priority amount be less than the previous year’s over a thirty‑year period beginning in Fiscal Year 2010‑2011 as follows: priority amount. (a) For Fiscal Year 2010-2011, the projected payment shall be the amount (5) Notwithstanding the provisions of Paragraph (6) of this Subsection, effective specified in the June 30, 2009 system valuation adopted by the Public for the June thirtieth valuation following the fiscal year in which the system Retirement Systems’ Actuarial Committee pursuant to R.S. 11:127. The first attains a funded percentage of eighty or more pursuant to R.S. 11:1145.1 and actuarially-required actuarially required contribution shall be determined for each valuation thereafter, the net remaining liability of the amortization in accordance with the provisions of R.S. 11:102 in the June 30, 2010 system base to which the funds are applied shall be reamortized with annual level- valuation adopted by the committee. dollar payments calculated as provided in R.S. 11:102 over the remainder of the * * * amortization period originally established for that amortization base. (c) Beginning in Fiscal Year 2018‑2019, the outstanding balance shall be (6) Beginning with Fiscal Year 2019-2020 and every fifth fiscal year thereafter, amortized over the remaining period with annual level dollar level-dollar the remaining liability net of all payments made since the last reamortization payments. shall be reamortized with annual level-dollar payments calculated as provided (4)(a) Except as provided in Paragraph (6) of this Subsection, in any year in R.S. 11:102 over the remainder of the amortization period originally before the liquidation of the original amortization base in which the excess established for that amortization base. returns of the system exceed the primary priority amount applied to the (7) Except as provided in Paragraphs (5) and (6) of this Subsection, the net Original Amortization Base pursuant to Subparagraph (B)(4)(a) of this remaining liability of the amortization base to which the funds are applied Section, the remaining excess returns, up to the next one hundred million shall not be reamortized after such application. dollars for the June 30, 2015, valuation, the secondary allocation shall be B.(1) Effective for the June 30, 2015 valuation and for each valuation applied to the experience account amortization base established in this thereafter, if the system’s investment experience for the fiscal year exceeds the Subsection. The maximum amount of excess returns to be applied in any system’s actuarially assumed rate of return, the system shall apply the priority subsequent year pursuant to the provisions of this Subparagraph shall equal allocation to the oldest outstanding positive amortization base of the system, THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 31 (House Bills) and underscored and boldfaced (Senate Bills) are additions. excluding any amortization base established to amortize a liability pursuant to include recommendations for plan amendments, shall be reported to the R.S. 11:102(B)(2)(a) or (3)(c) until all such bases are completely liquidated. After Public Retirement Systems’ Actuarial Committee by November 1, 2019 2017. the final base is completely liquidated, the assets shall be treated as provided The committee shall review the results and determine what changes to the in R.S. 11:102(B)(4). system plan provisions, if any, are advisable. If appropriate, the committee (2) If there are multiple positive bases of the same age and the same duration, shall make a recommendation to the legislature by December 15, 2017, on all such bases shall be collapsed into a single base for purposes of this whether and what type of legislation is warranted. Subsection. * * * (3) If there are multiple positive bases of the same age but of different §542. Experience account durations, the oldest outstanding positive amortization base with the shortest A.(1)(a) Effective July 1, 2004, the balance in the experience account shall remaining amortization period shall be treated as the “oldest” for purposes of be zero. this Subsection. (b)(2) Effective June 30, 2009, the balance in the experience account shall C. Effective for the June 30, 2014 valuation, if the system’s investment be zero. Any funds in the experience account on June 29, 2009, shall be experience for the fiscal year exceeds the system’s actuarially assumed rate allocated in the following order: of return, the system shall apply the excess investment experience returns, (i)(a) To provide for any net investment loss attributable to the balance up to a maximum of the first seven and one-half million dollars, to the in the account as provided in Paragraph (B)(1) Subparagraph (B)(3)(a) of this oldest outstanding positive amortization base of the system, excluding any Section. amortization base established to amortize a liability pursuant to R.S. 11:102(B) (ii)(b) To f u nd a ny per ma nent benefit increase or minimu m benefit pu r sua nt (2)(a) or (3)(c) without reamortization of such base. to the Act that originated as House Bill No. 586 Act 144 of the 2009 Regular §102.4. Priority excess return allocations; State Police Retirement System Session of the Legislature. A. For purposes of this Section, the following shall apply: (iii)(c) To apply to the experience account amortization base as provided (1) “Priority amount” shall mean the maximum amount of system returns in in R.S. 11:102.1(C)(2); however, as of June 30, 2009, these funds shall be excess of the system’s actuarially assumed rate of return that may be applied to transferred to the system’s Texaco Account and retained in a subaccount the oldest outstanding positive amortization base, regardless of whether actual of that account until that account is applied as provided in R.S. 11:102.1. returns that equal or exceed the maximum are available, and shall equal: The subaccount shall continue to be credited and debited as provided in (a) For the June 30, 2015 valuation, five million dollars. Subparagraph (A)(2)(b) and Paragraph (B)(1) of this Section until such (b) For each valuation thereafter, the prior year’s priority amount increased application. by the percentage increase in the system’s actuarial value of assets for the prior B.(1) Effective for the June 30, 2015 valuation, the system’s funded percentage year, if any. for purposes of this Section shall be determined before any allocation to the (2) “Priority allocation” shall mean the actual returns available for application experience account. to the oldest outstanding positive amortization base. (2) The experience account shall be credited as follows: (3) For any valuation in which the oldest outstanding positive amortization (a) To the extent permitted by Pa r a g r aph ( 3) of t h is Sub s e c t ion Subparagraph base is liquidated without using the full amount of the priority allocation, the (c) of this Pa rag raph a nd a f t er a llo cat ion t o t he a mor t i z at ion ba s e s a s pr ov ide d remaining amount from that year’s priority allocation after liquidation of the in R.S. 11:102(B)(3)(d)(v)(bb) and 102.1, as applicable 11:102.1, an amount not oldest base shall be applied to the next oldest base. to exceed fifty percent of the remaining balance of the prior year’s net (4) In no event shall one year’s priority amount be less than the previous year’s investment experience gain as determined by the system’s actuary. priority amount. (b) To the extent permitted by Pa r a g r aph ( 3) of t h i s Sub s e c t io n Subparagraph (5) Notwithstanding the provisions of Paragraph (6) of this Subsection, effective (c) of this Paragraph, an amount not to exceed that portion of the system’s net for the June thirtieth valuation following the fiscal year in which the system investment income attributable to the balance in the experience account first attains a funded percentage of eighty or more pursuant to R.S. 11:1332 and during the prior year. for each valuation thereafter, the net remaining liability of the amortization (3)(a)(c) In no event shall a credit be made to the account that would cause base to which the funds are applied shall be reamortized with annual level- the balance in the experience account to exceed the reserve necessary to dollar payments calculated as provided in R.S. 11:102 over the remainder of the grant: amortization period originally established for that amortization base. (i) Two permanent benefit increases determined pursuant to Subsection (6) Beginning with Fiscal Year 2019-2020 and every fifth fiscal year thereafter, C D of this Section if the system is at least eighty percent funded or greater. the remaining liability net of all payments made since the last reamortization (ii) One permanent benefit increase as determined pursuant to Subsection shall be reamortized with annual level-dollar payments calculated as provided C D of this Section if the system is less than eighty percent funded. in R.S. 11:102 over the remainder of the amortization period originally (b)(d) If the system is less than eighty percent funded and the account has established for that amortization base. reserves in excess of the amounts provided for in Item (a)(ii) (c)(ii) of this (7) Except as provided in Paragraphs (5) and (6) of this Subsection, the net Paragraph, it shall not apply credits to the account pursuant to Subparagraph remaining liability of the amortization base to which the funds are applied (2)(b) of this Subsection no amount shall be credited to the account. shall not be reamortized after such application. B.(3) The experience account shall be debited as follows: B.(1) Effective for the June 30, 2015 valuation and for each valuation (1)(a) An amount equal to that portion of the system’s net investment loss thereafter, if the system’s investment experience for the fiscal year exceeds the attributable to the balance in the experience account during the prior year. system’s actuarially assumed rate of return, the system shall apply the priority (2)(b) An amount sufficient to fund a permanent benefit increase granted allocation to the oldest outstanding positive amortization base of the system, pursuant to Subsection C the provisions of this Section. excluding any amortization base established to amortize a liability pursuant to (3)(c) In no event shall the amount in the experience account fall below R.S. 11:102(B)(2)(a) or (3)(c) until all such bases are completely liquidated. After zero. the final base is completely liquidated, the assets shall be treated as provided C.(1) In accordance with the provisions of this Section, the board of trustees in R.S. 11:102(B)(4). may recommend to the president of the Senate and the speaker of the House (2) If there are multiple positive bases of the same age and the same duration, of Representatives that the system be permitted to grant a permanent benefit all such bases shall be collapsed into a single base for purposes of this increase to retirees, survivors, and beneficiaries whenever the conditions Subsection. in this Section are satisfied and the balance in the experience account is (3) If there are multiple positive bases of the same age but of different sufficient to fund such benefit fully on an actuarial basis, as determined by durations, the oldest outstanding positive amortization base with the shortest the system’s actuary. If the legislative auditor’s actuary disagrees with the remaining amortization period shall be treated as the “oldest” for purposes of determination of the system’s actuary, a permanent benefit increase shall this Subsection. not be granted. The board of trustees shall not grant a permanent benefit C. Effective for the June 30, 2014 valuation, if the system’s investment increase unless such permanent benefit increase has been approved by the experience for the fiscal year exceeds the system’s actuarially assumed rate of legislature. Any such permanent benefit increase granted on or before June return, the system shall apply the excess investment experience returns, up to a 30, 2015, shall be limited to and shall only be payable based on an amount maximum of the first two and one‑half million dollars, to the oldest outstanding not to exceed seventy thousand dollars of the retiree’s annual benefit. Any positive amortization base of the system, excluding any amortization base such permanent benefit increase granted on or after July 1, 2015, shall be established to amortize a liability pursuant to R.S. 11:102(B)(2)(a) or (3)(c), and limited to and shall only be payable based on an amount not to exceed sixty without reamortization of such base. thousand dollars of the retiree’s annual benefit. Effective for years after §102.5. State systems’ 2014 valuation amortization period July 1, 1999, and on or before June 30, 2015, the seventy-thousand dollar Notwithstanding any provision of R.S. 11:102 or any other law to the contrary, limit shall be increased each year in an amount equal to any increase in for the June 30, 2014 valuation the amortization period for investment gains of the consumer price index (U.S. city average for all urban consumers (CPI-U)) the Louisiana State Employees’ Retirement System, the Teachers’ Retirement for the preceding year, if any. Effective on or after July 1, 2015, the sixty- System of Louisiana, the Louisiana School Employees’ Retirement System, thousand dollar limit shall be increased each year in an amount equal to and the State Police Retirement System not allocated to an amortization base any increase in the consumer price index, (U.S. city average for all urban pursuant to R.S. 11:102.1, 102.2, 102.3, or 102.4 and not credited to the experience consumers (CPI-U)) for the twelve-month period ending on the system’s account shall be five years. valuation date, if any. §102.3. §102.6. Review of volatility D.(1) No increase shall be granted if one or more of the following apply: Following the close of Fiscal Year 2018-2019 2016-2017, the future volatility (a) The system is less than fifty‑five percent funded. of the then-existing schedules of each state system shall be reexamined by (b) The system is at least fifty‑five percent funded but less than eighty‑five staff of each system and of the legislature, including actuaries for both. The percent funded and the legislature granted a benefit increase in the preceding results of this reexamination, which may identify issues to be resolved and fiscal year. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 32 (House Bills) and underscored and boldfaced (Senate Bills) are additions. (c) The system is less than eighty percent funded and the system fails to June 30, 2009, there must be the funds available in the experience account earn an actuarial rate of return which exceeds the board‑approved actuarial to pay for such an increase, and a retiree: valuation rate. (i) Shall have received a benefit for at least one year; and. (2) Any increase granted pursuant to the provisions of this Section shall (ii) Shall have attained at least age fifty-five. begin on the July first following legislative approval, shall be payable (b) Except as provided in Subparagraph (c) of this Paragraph, a nonretiree annually, and shall equal the amount required pursuant to Subparagraph (a) or beneficiary shall be eligible for the permanent benefit increase payable on (b) of this Paragraph. If the balance in the experience account is not sufficient or before June 30, 2009: to fully fund that sum on an actuarial basis as determined by the system (i) If benefits had been paid to the retiree or the beneficiary, or both actuary in agreement with the legislative auditor’s actuary, no increase shall combined, for at least one year; and. be granted. The increase shall be an amount equal to the lesser of: (ii) In no event before the retiree would have attained age fifty-five. (a) An amount as determined in Paragraph (2) of this Subsection. (c)(i) The provisions of Items (a)(ii), (b)(ii), (d)(ii), and (e)(ii)(a)(ii) and (b)(ii) of (b) The increase in the consumer price index, U.S. city average for all this Paragraph shall not apply to any person who receives disability benefits urban consumers (CPI-U), as prepared by the U.S. Department of Labor, from this system, or who receives benefits based on the death of a disability Bureau of Labor Statistics, for the twelve-month period ending on the retiree of this system. system’s valuation date if any. If the balance in the experience account is (ii) The actuarial cost of implementing the provisions of Acts 2001, No. not sufficient to fund that sum, no increase shall be granted. 1162, shall be paid by debiting the experience account which must have the (2)(a)(b)(i) If Three percent, if the system is at least eighty percent funded or funds available in the experience account to pay for such an increase. greater, three percent and the system earns an actuarial rate of return of at (d)(2)(a) Except as provided in Subparagraph (c) of this Paragraph, in order least eight and one-quarter percent interest on the investment of the system’s to be eligible for any permanent benefit increase payable on or after July 1, assets. 2009, there shall be the funds available in the experience account to pay for (ii) Two and one-half percent if all of the following apply: such an increase, and a retiree: (b)(aa) If the The system is at least seventy-five percent funded but less than (i) Shall have received a benefit for at least one year; and. eighty percent funded and the. (ii) Shall have attained at least age sixty. (bb) The system earns an actuarial rate of return of at least eight and one- (e)(b) E xcept a s pr ov ide d i n Subpa r a g r aph (c) of t h i s Pa r a g r aph , a non r e t i r e e quarter percent interest on the investment of the system’s assets. beneficiary shall be eligible for the permanent benefit increase payable on (cc) The legislature has not granted a benefit increase in the preceding or after July 1, 2009: fiscal year, two and one-half percent. (i) If benefits had been paid to the retiree or the beneficiary, or both (c)(iii) If the Two percent, if either of the following applies: combined, for at least one year; and. (aa) The system is at least sixty-five percent funded but less than seventy‑five (ii) In no event before the retiree would have attained age sixty. percent funded and the legislature has not granted a benefit increase in the (c) The provisions of Items (a)(ii) and (b)(ii) of this Paragraph shall not apply preceding fiscal year, two percent. to any person who receives disability benefits from this system, or who receives (bb) The system is at least seventy-five percent funded and the system does benefits based on the death of a disability retiree of this system. not earn an actuarial rate of return of at least eight and one-quarter percent (5)(a) F.(1) The first normal permanent benefit increase shall be effective July interest on the investment of the system’s assets. 1, 1999. (d)(iv) If One and one-half percent if the system is at least fifty-five percent (2) The actuarial cost of implementing the provisions of Act 1162 of the 2001 funded but less than sixty-five percent funded and the legislature has not Regular Session of the Legislature shall be paid by debiting the experience granted a benefit increase in the preceding fiscal year, one and one-half account which shall have the funds available in the experience account to pay percent. for such an increase. (e) If the system is less than fifty-five percent funded or if the system is less (3) Effective September 1, 2001, any retiree receiving a retirement benefit than eighty-five percent funded but more than fifty-five percent funded and shall be entitled to receive, as a permanent benefit increase, a minimum the legislature granted a benefit increase in the preceding fiscal year, no retirement benefit amounting to not less than thirty dollars per month for increase shall be granted. each year of creditable service of the retiree or the maximum benefit earned (3) Subject to the limitations contained in Paragraph (1) of this Subsection, in accordance with the applicable benefit formula selected by the retiree at The percentage of each recipient’s permanent benefit increase shall be the time of retirement, whichever is greater. based on the benefit being paid to the recipient on the effective date of the (i)(a) For any retiree who selected or selects an early retirement, an initial increase. increase; however, any such permanent benefit increase granted on benefit option, or a retirement option allowing the payment of benefits to or before June 30, 2015, shall be limited to and shall be payable based only a beneficiary, there shall be a comparison of both the minimum benefit on an amount not to exceed seventy thousand dollars of the retiree’s annual provided for in this Paragraph and the maximum benefit and both such benefit. Additionally, any such permanent benefit increase granted on or after benefits shall be actuarially reduced based upon the option selected by the July 1, 2015, shall be limited to and shall be payable based only on an amount retiree and the current board-approved actuarial assumptions prior to the not to exceed sixty thousand dollars of the retiree’s annual benefit. Effective for comparison and for the purpose of determining which of the two benefit years after July 1, 1999, and on or before June 30, 2015, the seventy-thousand- amounts results in the greater amount and the greater amount shall be paid dollar limit shall be increased each year in an amount equal to any increase to the retiree. in the CPI-U for the preceding year. Effective on or after July 1, 2015, the (ii)(b) In order for the minimum benefit provided for in this Paragraph to sixty-thousand-dollar limit shall be increased each year in an amount equal to be compared to the annuity being paid to a retiree’s named beneficiary, any increase in the CPI-U for the twelve-month period ending on the system’s the minimum benefit shall be reduced based on the option in effect and valuation date. the current board-approved actuarial assumptions. After reducing the (4)(a) Notwithstanding any provision of this Section to the contrary, in a year minimum benefit provided for in this Item Subparagraph, the reduced in which the experience account balance is insufficient to fund the amount minimum benefit shall be compared to the beneficiary’s annuity, and the required pursuant to Paragraph (2) of this Subsection, the board may make the beneficiary shall be paid the greater of the beneficiary’s reduced minimum recommendation provided in Subsection C of this Section if all of the following benefit or the amount of the beneficiary’s annuity being paid at the time of conditions are satisfied: the comparison. (i) No benefit increase was granted in the preceding fiscal year. (b)(c) The minimum benefits provided for in this Paragraph shall apply to all (ii) The experience account balance established in the system valuation for retired members and beneficiaries receiving annuity payments or benefits the preceding fiscal year reached its maximum reserve permitted pursuant to on September 1, 2001, and to all members retiring on and after September Subparagraph (B)(2)(c) of this Section applicable to the system valuation for that 1, 2001, and to all beneficiaries receiving annuity payments on and after valuation year. September 1, 2001, and all such payments shall be funded by debiting the (iii) The experience account balance established in the system valuation for experience account. the current fiscal year is insufficient to fund the increase permitted pursuant * * * to Paragraph (2) of this Subsection applicable to the system valuation for the §883.1. Experience account preceding fiscal year. A.(1)(a) Effective July 1, 2004, the balance in the experience account shall (iv) All of the insufficiency in the account is attributable to the following: be zero. (aa) The growth of the cost of the increase, but only if that growth was produced (b)(2) Effective June 30, 2009, the balance in the experience account shall solely by either or both of these events: be zero. Any funds in the account on June 29, 2009, shall be allocated in the (I) Changes in the pool of the eligible recipients. following order: (II) The growth in the benefit amount to which the increase applies due to (i)(a) To provide for any net investment loss attributable to the balance the application of the CPI-U pursuant to the provisions of Paragraph (3) of this in the account as provided in Paragraph (B)(1) Subparagraph (B)(3)(a) of this Subsection. Section. (bb) The insufficiency of credits to the account, if any, to cover the growth in (ii)(b) To f u nd a ny per ma nent benefit increase or minimu m benefit pu r sua nt the cost of the increase. to the Act that originated as House Bill No. 586 Act 144 of the 2009 Regular (b) The amount of the increase shall be equal to the amount that the balance Session of the Legislature. in the experience account will fully fund rounded to the nearest lower one- (iii)(c) To apply to the experience account amortization base as provided tenth of one percent. in R.S. 11:102.2(C)(2); however, as of June 30, 2009, these funds shall be (4)(a)E. (1)(a) Except as provided in Subparagraph (c) of this Paragraph, in transferred to the system’s Texaco Account and retained in a subaccount order to be eligible for any permanent benefit increase payable on or before of that account until that account is applied as provided in R.S. 11:102.2. The subaccount shall continue to be credited and debited as provided in THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 33 (House Bills) and underscored and boldfaced (Senate Bills) are additions. Subparagraph (A)(2)(b) and Paragraph (B)(1) of this Section until such granted a benefit increase in the preceding fiscal year, one and one-half application. percent. B.(1) Effective for the June 30, 2015 valuation, the system’s funded percentage (e) If the system is less than fifty-five percent funded or if the system is less for purposes of this Section shall be determined before any allocation to the than eighty-five percent funded but more than fifty-five percent funded and experience account. the legislature granted a benefit increase in the preceding fiscal year, no (2) The experience account shall be credited as follows: increase shall be granted. (a) To the extent permitted by Subparagraph (c) of this Paragraph (3) of (3) Subject to the limitations contained in Subsection F of this Section, this Subsection and after allocation to the amortization bases as provided the The percentage of each recipient’s permanent benefit increase shall be in R.S. 11:102(B)(3)(d)(vii)(bb) and 102.2, as applicable 11:102.2, an amount based on the benefit being paid to the recipient on the effective date of the not to exceed fifty percent of the remaining balance of the prior year’s net increase. investment experience gain as determined by the system’s actuary. (a) Any such permanent benefit increase granted on or before June 30, 2015, (b) To the extent permitted by Subparagraph (c) of this Paragraph (3) of shall be limited to and shall be payable based only on an amount not to exceed this Subsection, an amount not to exceed that portion of the system’s net seventy thousand dollars of the retiree’s annual benefit. The seventy‑thousand- investment income attributable to the balance in the experience account dollar limit shall be increased each year in an amount equal to any increase in during the prior year. the CPI‑U for the preceding year. (3)(a)(c) In no event shall a credit be made to the account that would cause (b) Any such permanent benefit increase granted on or after July 1, 2015, shall the balance in the experience account to exceed the reserve necessary to be limited to and shall be payable based only on an amount not to exceed sixty grant either of the following: thousand dollars of the retiree’s annual benefit. Effective on or after July 1, (i) Two permanent benefit increases determined pursuant to Subsection 2015, the sixty-thousand-dollar limit shall be increased each year in an amount C D of this Section if the system is at least eighty percent funded or greater. equal to any increase in the CPI-U for the twelve-month period ending on the (ii) One permanent benefit increase as determined pursuant to Subsection system’s valuation date. C D of this Section if the system is less than eighty percent funded. (4)(a) Notwithstanding any provision of this Section to the contrary, in a year (b)(d) If the system is less than eighty percent funded and the account has in which the experience account balance is insufficient to fund the amount reserves in excess of the amounts provided for in Item (a)(ii) (c)(ii) of this required pursuant to Paragraph (2) of this Subsection, the board may make the Paragraph, it shall not apply credits to the account pursuant to Subparagraph recommendation provided in Subsection C of this Section if all of the following (2)(b) of this Subsection no amount shall be credited to the account. conditions are satisfied: B.(3) The experience account shall be debited as follows: (i) No benefit increase was granted in the preceding fiscal year. (1)(a) An amount equal to that portion of the system’s net investment loss (ii) The experience account balance established in the system valuation for attributable to the balance in the experience account during the prior year. the preceding fiscal year reached its maximum reserve permitted pursuant to (2)(b) An amount sufficient to fund a permanent benefit increase granted Subparagraph (B)(2)(c) of this Section applicable to the system valuation for that pursuant to Subsection C the provisions of this Section. valuation year. (3)(c) In no event shall the amount in the experience account fall below (iii) The experience account balance established in the system valuation for zero. the current fiscal year is insufficient to fund the increase permitted pursuant C.(1) In accordance with the provisions of this Section, the board of trustees to Paragraph (2) of this Subsection applicable to the system valuation for the may recommend to the president of the Senate and the speaker of the House preceding fiscal year. of Representatives that the system be permitted to grant a permanent (iv) All of the insufficiency in the account is attributable to the following: benefit increase to retirees and beneficiaries whenever the conditions (aa) The growth of the cost of the increase, but only if that growth was produced in this Section are satisfied and the balance in the experience account is solely by either or both of these events: sufficient to fund such benefit fully on an actuarial basis, as determined by (I) Changes in the pool of the eligible recipients. the system’s actuary. If the legislative auditor’s actuary disagrees with the (II) The growth in the benefit amount to which the increase applies due to determination of the system’s actuary, a permanent benefit increase shall the application of the CPI-U pursuant to the provisions of Paragraph (3) of this not be granted. The board of trustees shall not grant a permanent benefit Subsection. increase unless such permanent benefit increase has been approved by the (bb) The insufficiency of credits to the account, if any, to cover the growth in legislature. the cost of the increase. D.(1) No increase shall be granted if one or more of the following apply: (b) The amount of the increase shall be equal to the amount that the balance (a) The system is less than fifty‑five percent funded. in the experience account will fully fund rounded to the nearest lower one- (b) The system is at least fifty‑five percent funded but less than eighty‑five tenth of one percent. percent funded and the legislature granted a benefit increase in the preceding (4)(a) E.(1)(a) Except as provided in Subparagraph (c) of this Paragraph, in fiscal year. order to be eligible for any permanent benefit increase payable on or before (c) The system is less than eighty percent funded and the system fails to June 30, 2009, there must be the funds available in the experience account earn an actuarial rate of return which exceeds the board‑approved actuarial to pay for such an increase, and a retiree: valuation rate. (i) Shall have received a benefit for at least one year; and. (2) Any increase granted pursuant to the provisions of this Section shall (ii) Shall have attained at least age fifty-five. begin on the July first following legislative approval, shall be payable (b) Except as provided in Subparagraph (c) of this Paragraph, a nonretiree annually, and shall equal the amount required pursuant to Subparagraph (a) or beneficiary shall be eligible for the permanent benefit increase payable on (b) of this Paragraph. If the balance in the experience account is not sufficient or before June 30, 2009: to fully fund that sum on an actuarial basis as determined by the system (i) If benefits had been paid to the retiree or the beneficiary, or both actuary in agreement with the legislative auditor’s actuary, no increase shall combined, for at least one year; and. be granted. The increase shall be an amount equal to the lesser of: (ii) In no event before the retiree would have attained age fifty-five. (a) An amount as determined in Paragraph (2) of this Subsection. (c)(i) The provisions of Items (a)(ii), (b)(ii), (d)(ii), and (e)(ii) (a)(ii) and (b)(ii) of (b) The increase in the consumer price index, U.S. city average for all this Paragraph shall not apply to any person who receives disability benefits urban consumers (CPI-U), as prepared by the U.S. Department of Labor, from this system, or who receives benefits based on the death of a disability Bureau of Labor Statistics, for the twelve-month period ending on the retiree of this system. system’s valuation date, if any. If the balance in the experience account is (ii) The actuarial cost of implementing the provisions of Acts 2001, No. not sufficient to fund that sum, no increase shall be granted. 1162, shall be paid by debiting the experience account which must have the (2)(a)(b)(i) If Three percent if the system is at least eighty percent funded or funds available in the experience account to pay for such an increase. greater, three percent and the system earns an actuarial rate of return of at (d)(2)(a) Except as provided in Subparagraph (c) of this Paragraph, in order least eight and one-quarter percent interest on the investment of the system’s to be eligible for any permanent benefit increase payable on or after July 1, assets. 2009, there shall be the funds available in the experience account to pay for (b)(ii) If the Two and one-half percent, if all of the following apply: such an increase, and a retiree: (aa) The system is at least seventy-five percent funded but less than eighty (i) Shall have received a benefit for at least one year; and. percent funded and the. (ii) Shall have attained at least age sixty. (bb) The system earns an actuarial rate of return of at least eight and one- (e)(b) E xcept a s pr ov ide d i n Subpa r a g r aph (c) of t h i s Pa r a g r aph , a non r e t i r e e quarter percent interest on the investment of the system’s assets. beneficiary shall be eligible for the permanent benefit increase payable on (cc) The legislature has not granted a benefit increase in the preceding or after July 1, 2009: fiscal year, two and one-half percent. (i) If benefits had been paid to the retiree or the beneficiary, or both (c)(iii) If the Two percent, if either of the following applies: combined, for at least one year; and. (aa) The system is at least sixty-five percent funded but less than seventy‑five (ii) In no event before the retiree would have attained age sixty. percent funded and the legislature has not granted a benefit increase in the (c) The provisions of Items (a)(ii) and (b)(ii) of this Paragraph shall not apply preceding fiscal year, two percent. to any person who receives disability benefits from this system, or who receives (bb) The system is at least seventy-five percent funded and the system does benefits based on the death of a disability retiree of this system. not earn an actuarial rate of return of at least eight and one-quarter percent F.(1) The first normal permanent benefit increase shall be effective July 1, interest on the investment of the system’s assets. 1999. (d)(iv) If One and one-half percent, if the system is at least fifty-five percent (2) The actuarial cost of implementing the provisions of Act 1162 of the 2001 funded but less than sixty-five percent funded and the legislature has not Regular Session of the Legislature shall be paid by debiting the experience

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 34 (House Bills) and underscored and boldfaced (Senate Bills) are additions. account which shall have the funds available in the experience account to pay (3) Effective for the June 30, 2015 valuation, the system’s funded percentage for such an increase. for purposes of this Section shall be determined before any allocation to the (5)(a)(3) On December 1, 2001, the board of trustees shall grant a one-time experience account. cost-of-living adjustment to: C.(1)B. In accordance with the provisions of this Section, the board of (i)(a) Each retiree who had twenty-five years of service credit, exclusive trustees may recommend to the president of the Senate and the speaker of unused leave, or a disability retiree regardless of the number of years of of the House of Representatives that the system be permitted to grant service credit, and had been receiving a benefit for at least fifteen years on a cost‑of‑living adjustment permanent benefit increase to retirees and December 1, 2001; and. beneficiaries whenever the conditions in this Section are satisfied and the (ii)(b) Each nonretiree beneficiary receiving a benefit on December 1, 2001, balance in the Employee Experience Account is sufficient to fully fund such if the deceased member had twenty-five years of service credit exclusive benefit on an actuarial basis, as determined by the system’s actuary. If the of unused leave, or was a disability retiree regardless of the number of legislative actuary disagrees with the determination of the system’s actuary, years of service credit, and the retiree and nonretiree beneficiary, or both a cost‑of‑living adjustment shall not be granted. The board of trustees shall combined, had received a benefit for at least fifteen years. not grant a cost‑of‑living adjustment permanent benefit increase unless such (b)(c) The one-time adjustment payable to each recipient shall equal an cost‑of‑living adjustment permanent benefit increase has been approved by amount up to but not exceeding two hundred dollars a month, but the total the legislature. Any such cost‑of‑living adjustment granted on or before June monthly benefit of any such recipient resulting from this adjustment shall 30, 2015, shall be limited to and shall only be payable based on an amount not exceed one thousand dollars. not to exceed eighty‑five thousand dollars of the retiree’s annual benefit. * * * Any such cost-of-living adjustment granted on or after July 1, 2015, shall be §927. Contributions limited to and shall only be payable based on an amount not to exceed sixty * * * thousand dollars of the retiree’s annual benefit. Effective for years after B. July 1, 2007, and on or before June 30, 2015, the eighty‑five thousand dollar * * * limit shall be increased each year in an amount equal to the increase in the (2)(a) Beginning July 1, 2014, and continuing through fiscal year Fiscal Consumer Price Index (United States city average for all urban consumers Year 2017-2018, each higher education board created by Article VIII of the (CPI-U)), as prepared by the United States Department of Labor, Bureau Constitution of Louisiana and each employer institution and agency under of Labor Statistics, for the preceding calendar year, if any. Effective on or its supervision and control shall contribute to the Teachers’ Retirement after July 1, 2015, the sixty-thousand dollar limit shall be increased each System of Louisiana on behalf of each participant in the optional retirement year in an amount equal to any increase in the consumer price index (U.S. plan the sum of: city average for all urban consumers (CPI-U)) for the twelve-month period (i) The amounts calculated pursuant to R.S. 11:102(D)(4)(b), 11:102(D)(6)(b), ending on the system’s valuation date, if any. (c), and (d). C.(1) No increase shall be granted if either of the following applies: * * * (a) The system is less than fifty‑five percent funded. (b) Beginning July 1, 2018, each higher education board created by Article (b) The system is at least fifty‑five percent funded but less than eighty‑five VIII of the Constitution of Louisiana and each employer institution and percent funded and the legislature granted a benefit increase in the preceding agency under its supervision and control shall contribute to the Teachers’ fiscal year. Retirement System of Louisiana on behalf of each participant in the optional (2) Any cost-of-living adjustment increase granted pursuant to the retirement plan the sum of: provisions of this Section shall begin on the July first following legislative (i) The amounts calculated pursuant to R.S. 11:102(D)(4)(b), 11:102(D)(6)(b), approval, shall be payable annually, and shall equal the amount required (c), and (d). pursuant to Subparagraph (a) or (b) of this Paragraph. If the balance in the * * * experience account is not sufficient to fully fund that sum on an actuarial basis (3)(a) Beginning July 1, 2014, for all employers each employer that are is as determined by the system actuary in agreement with the legislative auditor’s not a higher education board created by Article VIII of the Constitution of actuary, no increase shall be granted. The increase shall be an amount equal Louisiana or an employer institution under the supervision and control of to the lesser of: such a board, each such employer institution and board shall contribute to (a) An amount as determined in Paragraph (2) of this Subsection. the Teachers’ Retirement System of Louisiana on behalf of each participant (b) The increase in the Consumer Price Index (United States city average in the optional retirement plan the greater of: for all urban consumers (CPI-U)) consumer price index, U.S. city average for (i) The amount it would have contributed if the participant were a member all urban consumers (CPI-U), as prepared by the United States Department of the regular retirement plan of the Teachers’ Retirement System of of Labor, Bureau of Labor Statistics, for the twelve-month period ending on Louisiana pursuant to R.S. 11:102(D)(1) 11:102(D)(3). the system’s valuation date, if any. If the balance in the experience account (ii) The sum of the amounts calculated pursuant to R.S. 11:102(D)(4)(b), is not sufficient to fund that sum, no increase shall be granted. 11:102(D)(6)(b), (c), and (d) plus six and two-tenths percent of pay. (2)(a)(b)(i) If Three percent if the system is at least eighty percent funded or * * * greater, three percent and the system earns an actuarial rate of return of at §1145.1. Employee Experience Account Experience account least seven and one-quarter percent interest on the investment of the system’s A.(1) The Employee Experience Account experience account shall be assets. credited as follows: (b)(ii) If the Two and one-half percent, if all the following apply: (a) To the extent permitted by Subparagraph (c) of this Paragraph (2) of (aa) The system is at least seventy-five percent funded but less than eighty this Subsection and after allocation to the amortization bases as provided in percent funded and the system earns an actuarial rate of return of at least R.S. 11:102(B)(3)(d)(vi)(bb) 11:102.3, an amount not to exceed fifty percent of seven and one-quarter percent interest on the investment of the system’s assets. the remaining balance of the prior year’s net investment experience gain as (bb) The legislature has not granted a benefit increase in the preceding determined by the system’s actuary. fiscal year, two and one-half percent. (b) To the extent permitted by Subparagraph (c) of this Paragraph (2) of (c)(iii) If the Two percent, if either of the following applies: this Subsection, an amount not to exceed that portion of the system’s net (aa) The system is at least sixty-five percent funded but less than seventy‑five investment income attributable to the balance in the Employee Experience percent funded and the legislature has not granted a benefit increase in the Account experience account during the prior year. preceding fiscal year, two percent. (2)(a)(c) In no event shall a credit be made to the account that would cause (bb) The system is at least seventy-five percent funded and the system does the balance in the Employee Experience Account experience account to not earn an actuarial rate of return of at least seven and one-quarter percent exceed the reserve necessary to grant: interest on the investment of the system’s assets. (i) Two cost‑of‑living adjustments permanent benefit increases determined (d)(iv) If One and one-half percent, if the system is at least fifty-five percent pursuant to Subsection C of this Section if the system is at least eighty funded but less than sixty-five percent funded and the legislature has not percent funded or greater. granted a benefit increase in the preceding fiscal year, one and one-half (ii) One permanent benefit increase as determined pursuant to Subsection percent. C of this Section if the system is less than eighty percent funded. (e) If the system is less than fifty-five percent funded or if the system is less (b)(d) If the system is less than eighty percent funded and the account has than eighty-five percent funded but more than fifty-five percent funded and reserves in excess of the amounts provided for in Item (a)(ii) (c)(ii) of this the legislature granted a benefit increase in the preceding fiscal year, no Paragraph, it shall not apply credits to the account pursuant to Subparagraph increase shall be granted. (1)(b) of this Subsection no amount shall be credited to the account. (3) Subject to the limitations contained in Paragraph (1) of this Subsection, B.(2) The Employee Experience Account experience account shall be the The percentage of each recipient’s cost‑of‑living adjustment permanent debited as follows: benefit increase shall be based on the benefit being paid to the recipient (1)(a) An amount equal to that portion of the system’s net investment loss on the effective date of the increase. increase; however, any such permanent attributable to the balance in the Employee Experience Account experience benefit increase granted on or before June 30, 2015, shall be limited to and shall account during the prior year. be payable based only on an amount not to exceed eighty-five thousand dollars of (2)(b) An amount sufficient to fund a cost‑of‑living adjustment permanent the retiree’s annual benefit. Additionally, any such permanent benefit increase benefit increase granted pursuant to Subsection C the provisions of this granted on or after July 1, 2015, shall be limited to and shall be payable based Section. only on an amount not to exceed sixty thousand dollars of the retiree’s annual (3)(c) In no event shall the amount in the Employee Experience Account benefit. Effective for years after July 1, 2007, and on or before June 30, 2015, the experience account fall below zero. eighty-five- thousand-dollar limit shall be increased each year in an amount equal to any increase in the CPI-U for the preceding year. Effective on or after THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 35 (House Bills) and underscored and boldfaced (Senate Bills) are additions. July 1, 2015, the sixty-thousand-dollar limit shall be increased each year in an (3) Effective for the June 30, 2015 valuation, the system’s funded percentage amount equal to any increase in the CPI-U for the twelve-month period ending for purposes of this Section shall be determined before any allocation to the on the system’s valuation date. experience account. (4)(a) Notwithstanding any provision of this Section to the contrary, in a year C.(1)B. In accordance with the provisions of this Section, the board of in which the experience account balance is insufficient to fund the amount trustees may recommend to the president of the Senate and the speaker required pursuant to Paragraph (2) of this Subsection, the board may make the of the House of Representatives that the system be permitted to grant recommendation provided in Subsection B of this Section if all of the following a cost‑of‑living adjustment permanent benefit increase to retirees and conditions are satisfied: beneficiaries whenever the conditions in this Section are satisfied and the (i) No benefit increase was granted in the preceding fiscal year. balance in the Employee Experience Account is sufficient to fully fund such (ii) The experience account balance established in the system valuation for benefit on an actuarial basis, as determined by the system’s actuary. If the the preceding fiscal year reached its maximum reserve permitted pursuant to legislative actuary disagrees with the determination of the system’s actuary, Subparagraph (A)(1)(c) of this Section applicable to the system valuation for that a cost‑of‑living adjustment shall not be granted. The board of trustees shall valuation year. not grant a cost‑of‑living adjustment permanent benefit increase unless such (iii) The experience account balance established in the system valuation for cost‑of‑living adjustment permanent benefit increase has been approved by the current fiscal year is insufficient to fund the increase permitted pursuant the legislature. Any such cost‑of‑living adjustment granted on or before June to Paragraph (2) of this Subsection applicable to the system valuation for the 30, 2015, shall be limited to and shall only be payable based on an amount preceding fiscal year. not to exceed eighty‑five thousand dollars of the retiree’s annual benefit. (iv) All of the insufficiency in the account is attributable to the following: Any such cost-of-living adjustment granted on or after July 1, 2015, shall be (aa) The growth of the cost of the increase, but only if that growth was produced limited to and shall only be payable based on an amount not to exceed sixty solely by either or both of these events: thousand dollars of the retiree’s annual benefit. Effective for years after (I) Changes in the pool of the eligible recipients. July 1, 2007, and on or before June 30, 2015, the eighty‑five thousand dollar (II) The growth in the benefit amount to which the increase applies due to limit shall be increased each year in an amount equal to the increase in the the application of the CPI-U pursuant to the provisions of Paragraph (3) of this consumer price index (United States city average for all urban consumers Subsection. (CPI-U)), as prepared by the United States Department of Labor, Bureau (bb) The insufficiency of credits to the account, if any, to cover the growth in of Labor Statistics, for the preceding calendar year, if any. Effective on or the cost of the increase. after July 1, 2015, the sixty-thousand dollar limit shall be increased each (b) The amount of the increase shall be equal to the amount that the balance year in an amount equal to any increase in the consumer price index (U.S. in the experience account will fully fund rounded to the nearest lower one- city average for all urban consumers (CPI-U)) for the twelve-month period tenth of one percent. ending on the system’s valuation date, if any. (4)(a)D.(1)(a) Except as provided in Subparagraph (c) of this Paragraph, C.(1) No increase shall be granted if either of the following applies: in order to be eligible for the cost‑of‑living adjustment permanent benefit (a) The system is less than fifty‑five percent funded. increase, there shall be the funds available in the Employee Experience (b) The system is at least fifty‑five percent funded but less than eighty‑five Account experience account to pay for such an adjustment, and a retiree: percent funded and the legislature granted a benefit increase in the preceding (i) Shall have received a benefit for at least one year; and. fiscal year. (ii) Shall have attained at least age sixty. (2) Any adjustment increase granted pursuant to the provisions of this (b) Except as provided in Subparagraph (c) of this Paragraph, a non-retiree Section shall begin on the July first following legislative approval, shall be nonretiree beneficiary shall be eligible for the cost‑of‑living adjustment payable annually, and shall be an amount equal to the lesser of: permanent benefit increase: (a) An amount as determined in Paragraph (2) of this Subsection. (i) If benefits had been paid to the retiree, or the beneficiary, or both (b) The increase in the consumer price index, (United States city average combined, for at least one year; and. for all urban consumers (CPI-U)) U.S. city average for all urban consumers (ii) In no event before the retiree would have attained age sixty. (CPI-U), as prepared by the United States Department of Labor, Bureau (c) The provisions of Items (a)(ii) and (b)(ii) of this Paragraph shall not of Labor Statistics, for the twelve-month period ending on the system’s apply to any person who receives disability benefits from this system or who valuation date, if any. If the balance in the experience account is not receives benefits based on the death of a disability retiree of this system. sufficient to fund that sum, no increase shall be granted. D. The cost-of-living increase which is authorized by Subsection C of this (2)(a)(b)(i) If Three percent, if the system is at least eighty percent funded or Section shall be limited to the lesser of either two percent or an amount greater, three percent and the system earns an actuarial rate of return of at determined as provided in Subsection C of this Section in or for any year in least seven percent interest on the investment of the system’s assets. which the system does not earn an actuarial rate of return of at least seven (b)(ii) If the Two and one-half percent, if all of the following apply: and one-quarter percent interest on the investment of the system’s assets. (aa) The system is at least seventy-five percent funded but less than eighty E. Effective July 1, 2007, the balance in the Employee Experience Account percent funded and the system earns an actuarial rate of return of at least experience account shall be zero. seven percent interest on the investment of the system’s assets. * * * (bb) The legislature has not granted a benefit increase in the preceding §1332. Employee Experience Account Experience account fiscal year, two and one-half percent. A.(1) The Employee Experience Account experience account shall be (c)(iii) If the Two percent, if either of the following applies: credited as follows: (aa) The system is at least sixty-five percent funded but less than seventy‑five (a) To the extent permitted by Subparagraph (c) of this Paragraph (2) of this percent funded and the legislature has not granted a benefit increase in the Subsection and after the allocation to the amortization bases as provided in preceding fiscal year, two percent. R.S. 11:102(B)(3)(d)(viii)(bb) 11:102.4, an amount not to exceed fifty percent of (bb) The system is at least seventy-five percent funded and the system does the remaining balance of the prior year’s net investment experience gain as not earn an actuarial rate of return of at least seven percent interest on the determined by the system’s actuary. investment of the system’s assets. (b) To the extent permitted by Subparagraph (c) of this Paragraph (2) of (d)(iv) If One and one-half percent, if the system is at least fifty-five percent this Subsection, an amount not to exceed that portion of the system’s net funded but less than sixty-five percent funded and the legislature has not investment income attributable to the balance in the Employee Experience granted a benefit increase in the preceding fiscal year, one and one-half Account experience account during the prior year. percent. (2)(a)(c) In no event shall a credit be made to the account that would cause (e) If the system is less than fifty-five percent funded or if the system is less the balance in the Employee Experience Account experience account to than eighty-five percent funded but more than fifty-five percent funded and exceed the reserve necessary to grant: the legislature granted a benefit increase in the preceding fiscal year, no (i) Two cost‑of‑living adjustments permanent benefit increases as increase shall be granted. determined pursuant to Subsection C of this Section if the system is at least (3) Subject to the limitations contained in Paragraph (1) of this Subsection, eighty percent funded or greater. the The percentage of each recipient’s cost‑of‑living adjustment permanent (ii) One permanent benefit increase as determined pursuant to Subsection benefit increase shall be based on the benefit being paid to the recipient C of this Section if the system is less than eighty percent funded. on the effective date of the increase. increase; however, any such permanent (b)(d) If the system is less than eighty percent funded and the account has benefit increase granted on or before June 30, 2015, shall be limited to and shall reserves in excess of the amounts provided for in Item (a)(ii) (c)(ii) of this be payable based only on an amount not to exceed eighty-five thousand dollars of Paragraph, it shall not apply credits to the account pursuant to Subparagraph the retiree’s annual benefit. Additionally, any such permanent benefit increase (1)(b) of this Subsection no amount shall be credited to the account. granted on or after July 1, 2015, shall be limited to and shall be payable based B.(2) The Employee Experience Account experience account shall be only on an amount not to exceed sixty thousand dollars of the retiree’s annual debited as follows: benefit. Effective for years after July 1, 2007, and on or before June 30, 2015, (1)(a) An amount equal to that portion of the system’s net investment loss the eighty-five‑thousand-dollar limit shall be increased each year in an amount attributable to the balance in the Employee Experience Account experience equal to any increase in the CPI-U for the preceding year. Effective on or after account during the prior year. July 1, 2015, the sixty-thousand-dollar limit shall be increased each year in an (2)(b) An amount sufficient to fund a cost‑of‑living adjustment permanent amount equal to any increase in the CPI-U for the twelve-month period ending benefit increase granted pursuant to Subsection C or F the provisions of this on the system’s valuation date. Section. (4)(a) Notwithstanding any provision of this Section to the contrary, in a year (3)(c) In no event shall the amount in the Employee Experience Account in which the experience account balance is insufficient to fund the amount experience account fall below zero. required pursuant to Paragraph (2) of this Subsection, the board may make the THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 36 (House Bills) and underscored and boldfaced (Senate Bills) are additions. recommendation provided in Subsection B of this Section if all of the following Section 3. In case of any conflict between the provisions of this Act and the conditions are satisfied: provisions of any other Act of the 2016 Regular Session of the Legislature, (i) No benefit increase was granted in the preceding fiscal year. the provisions of this Act shall supersede and control regardless of the (ii) The experience account balance established in the system valuation for order of passage. the preceding fiscal year reached its maximum reserve permitted pursuant to Section 4. This Act shall become effective on June 30, 2016; if vetoed by Subparagraph (A)(1)(c) of this Section applicable to the system valuation for that the governor and subsequently approved by the legislature, this Act shall valuation year. become effective on June 30, 2016, or on the day following such approval by (iii) The experience account balance established in the system valuation for the legislature, whichever is later. the current fiscal year is insufficient to fund the increase permitted pursuant Approved by the Governor, May 19, 2016. to Paragraph (2) of this Subsection applicable to the system valuation for the A true copy: preceding fiscal year. Tom Schedler (iv) All of the insufficiency in the account is attributable to the following: Secretary of State (aa) The growth of the cost of the increase, but only if that growth was produced ------solely by either or both of these events: (I) Changes in the pool of the eligible recipients. ACT No. 96 (II) The growth in the benefit amount to which the increase applies due to - - - the application of the CPI-U pursuant to the provisions of Paragraph (3) of this SENATE BILL NO. 271 Subsection. BY SENATOR MILLS AND REPRESENTATIVES BAGNERIS, CHAD (bb) The insufficiency of credits to the account, if any, to cover the growth in BROWN, GARY CARTER, ROBBY CARTER, FALCONER, GLOVER, the cost of the increase. HAVARD, HUNTER, HUVAL, JAMES, JONES, TERRY LANDRY, LEBAS, (b) The amount of the increase shall be equal to the amount that the balance MAGEE, MARCELLE, MORENO, NORTON, PIERRE AND SMITH in the experience account will fully fund rounded to the nearest lower one- AN ACT tenth of one percent. To amend and reenact R.S. 40:1046 and to enact R.S. 40:1047, relative to (4)(a) D.(1)(a) Except as provided in Subparagraph (c) of this Paragraph, medical marijuana; to provide for physician requirements; to provide in order to be eligible for the cost‑of‑living adjustment permanent benefit for definitions; to provide for rulemaking requirements; to provide for increase, there shall be the funds available in the experience account to pay responsibilities of certain licensing boards and agencies; to provide for for such an adjustment, and a retiree: criminal background history; to provide for enactment of provisions upon (i) Shall have received a benefit for at least one year; and. reclassification by the United States Drug Enforcement Administration; to (ii) Shall have attained at least age sixty. provide for an effective date; and to provide for related matters. (b) Except as provided in Subparagraph (c) of this Paragraph, a non-retiree Be it enacted by the Legislature of Louisiana: nonretiree beneficiary shall be eligible for the cost‑of‑living adjustment Section 1. R.S. 40:1046 is hereby amended and reenacted and R.S. 40:1047 permanent benefit increase: is hereby enacted to read as follows: (i) If benefits had been paid to the retiree, or the beneficiary, or both §1046. Prescription Recommendation of marijuana for therapeutic use; combined, for at least one year; and. rules and regulations; Louisiana Board of Pharmacy and the adoption of (ii) In no event before the retiree would have attained age sixty. rules and regulations relating to the dispensing of prescribed recommended (c) The provisions of Items (a)(ii) and (b)(ii) of this Paragraph shall not marijuana for therapeutic use; the Department of Agriculture and Forestry apply to any person who receives disability benefits from this system or who and the licensure of a production facility receives benefits based on the death of a disability retiree of this system. A.(1) Notwithstanding any other provision of this Part, a physician D. The cost-of-living increase which is authorized by Subsection C of this licensed by and in good standing with the Louisiana State Board of Medical Section shall be limited to the lesser of either two percent or an amount Examiners to practice medicine in this state and who is domiciled in this determined as provided in Subsection C of this Section in or for any year in state may prescribe recommend, in any form as permitted by the rules and which the system does not earn an actuarial rate of return of at least seven regulations of the Louisiana Board of Pharmacy except for inhalation, and percent interest on the investment of the system’s assets. raw or crude marijuana, tetrahydrocannabinols, or a chemical derivative of E. Effective July 1, 2007, the balance in the Employee Experience Account tetrahydrocannabinols for therapeutic use by patients clinically diagnosed experience account shall be zero. as suffering from a debilitating medical condition glaucoma, symptoms F. In addition to the cost-of-living adjustment permanent benefit increase resulting from the administration of chemotherapy cancer treatment, and authorized by Subsection C B of this Section, the board of trustees may spastic quadriplegia in accordance with rules and regulations promulgated grant a supplemental cost-of-living adjustment permanent benefit increase to by the Louisiana State Board of Medical Examiners. The Louisiana all retirees and beneficiaries who are at least age sixty-five, which and who State Board of Medical Examiners shall submit to the Senate and House retired on or before June 30, 2001. This supplemental increase shall consist committees on health and welfare on an annual basis not less than sixty of an amount equal to two percent of the benefit being received on the date days prior to the beginning of the regular session of the legislature a report of the adjustment increase. In order to grant such supplemental cost-of- as to any additional diseases or medical conditions that should be added to living adjustment permanent benefit increase, the board of trustees shall the list of eligible diseases and conditions for prescription. recommend to the president of the Senate and the speaker of the House of (2)(a) For purposes of this Subsection, “debilitating medical condition” means Representatives that the system be permitted to grant such supplemental cancer, positive status for human immunodeficiency virus, acquired immune cost‑of‑living adjustment permanent benefit increase to retirees and deficiency syndrome, cachexia or wasting syndrome, seizure disorders, beneficiaries whenever the balance in the Employee Experience Account epilepsy, spasticity, Crohn’s disease, muscular dystrophy, or multiple sclerosis. experience account is sufficient to fully fund such benefit on an actuarial (b) If the United States Food and Drug Administration approves the use basis, as determined by the system’s actuary. If the legislative actuary of medical marijuana in the same form provided for in this Part for any disagrees with the determination of the system’s actuary, such supplemental debilitating medical condition specifically identified in this Paragraph, that cost‑of‑living adjustment permanent benefit increase shall not be granted. medical condition shall no longer be covered by the provisions of this Part. The board of trustees shall not grant such supplemental cost‑of‑living (c) If the United States Food and Drug Administration approves the use of adjustment permanent benefit increase unless such supplemental medical marijuana in a form or derivative different than provided for in this cost‑of‑living adjustment permanent benefit increase has been approved by Part for any debilitating medical condition specifically identified in this the legislature. Any such supplemental cost‑of‑living adjustment permanent Paragraph, the disease state shall remain covered by the provisions of this Part. benefit increase paid on or before June 30, 2015, shall be limited to and shall The patient shall first be treated by the approved form or derivative of medical only be payable based only on an amount not to exceed eighty‑five thousand marijuana through utilization of step therapy or fail first protocols. If, after use dollars of the retiree’s annual benefit. Any such supplementalcost-of-living of the United States Food and Drug Administration approved form or derivative adjustment permanent benefit increase paid on or after July 1, 2015, shall be of medical marijuana, the physician determines that the preferred treatment limited to and shall only be payable based only on an amount not to exceed required under step therapy or fail first protocol has been ineffective in the sixty thousand dollars of the retiree’s annual benefit. Effective on and after treatment of the patient’s debilitating medical condition, he may recommend July 1, 2007, and on or before June 30, 2015, the eighty‑five thousand dollar the form of medical marijuana provided for in this Part for use by the patient limit shall be increased each year in an amount equal to the increase in the as medically necessary. consumer price index (United States city average for all urban consumers (3) For purposes of this Part, “recommend” or “recommended” means an order (CPI-U)), as prepared by the United States Department of Labor, Bureau of from a physician domiciled in Louisiana and licensed and in good standing Labor Statistics, CPI-U for the preceding calendar year, if any. Effective with the Louisiana Board of Medical Examiners and authorized by the board on and after July 1, 2015, the sixty-thousand sixty thousand dollar limit to recommend medical marijuana that is patient-specific and disease‑specific shall be increased each year in an amount equal to the increase in the in accordance with Paragraph (2) of this Subsection, and is communicated by consumer price index (United States city average for all urban consumers any means allowed by the Louisiana Board of Pharmacy to a Louisiana-licensed (CPI-U)), as prepared by the United States Department of Labor, Bureau of pharmacist in a Louisiana-permitted dispensing pharmacy as described in Labor Statistics, CPI-U for the twelve-month period ending on the system’s Subsection G of this Section, and is preserved on file as required by Louisiana valuation date, if any. Any cost-of-living adjustment permanent benefit law or federal law regarding medical marijuana. increase granted pursuant to the provisions of this Subsection shall begin (4) Physicians shall recommend use of medical marijuana for treatment on the July first following legislative approval and shall be payable annually. of debilitating medical conditions in accordance with rules and regulations Section 2. R.S. 11:102(B)(3)(d)(v), (vi), (vii), and (viii), 542(G), 883.1(G) and (H), promulgated by the Louisiana State Board of Medical Examiners. 1145.1(F), and 1332(G) are hereby repealed. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 37 (House Bills) and underscored and boldfaced (Senate Bills) are additions. (5) The Louisiana State Board of Medical Examiners shall submit to the J.(1) H.(1)(a) The Department of Agriculture and Forestry shall develop the Senate and House committees on health and welfare on an annual basis not less rules and regulations regarding the extraction, processing, and production of than sixty days prior to the beginning of the regular session of the legislature a prescribed recommended therapeutic marijuana and the facility producing report as to any additional diseases or medical conditions that should be added therapeutic marijuana. The rules and regulations shall include but not be to the list of eligible diseases and conditions for recommendation. limited to both of the following minimum standards: B. The Louisiana State Board of Medical Examiners shall promulgate (i) In order to mitigate the risk of bacterial contamination, food-grade ethanol rules and regulations authorizing physicians licensed to practice in this extraction shall be used. state to prescribe recommend marijuana for therapeutic use by patients as (ii) The extraction and refining process shall produce a product that is food described in Subsection A of this Section no later than January 1, 2016. Any safe and capable of producing pharmaceutical-grade products. rules published by the Louisiana State Board of Medical Examiners on or before (b) The rules and regulations shall also include but not be limited to the January 1, 2016, that describe the physician’s authority to prescribe should procedures for application, qualifications, eligibility, background checks, be repromulgated to indicate that he is “recommending” use of therapeutic and standards for suitability for a license and penalties for violations of the marijuana. rules and regulations. C.(1) The Louisiana Board of Pharmacy shall adopt rules relating to the (2)(a) The Department of Agriculture and Forestry shall develop an dispensing of prescribed recommended marijuana for therapeutic use no annual, nontransferable specialty license for the production of prescribed later than December 1, 2016. Any rules published by the Louisiana Board recommended marijuana for therapeutic use. and Other than the licenses of Pharmacy on or before January 1, 2016, that describe the pharmacist as granted pursuant to Subparagraph (b) of this Paragraph, the Department of dispensing medical marijuana based on a physician’s prescription should Agriculture and Forestry shall limit the number of such licenses granted be repromulgated to indicate that the physician is “recommending” use of in the state to no more than one licensee. The Louisiana State University therapeutic marijuana. The Louisiana Board of Pharmacy shall seek input Agricultural Center and the Southern University Agricultural Center from groups including but not limited to the following: shall have the right of first refusal to be licensed as the production facility, (a) The Louisiana District Attorneys Association. either separately or jointly. If neither of the centers exercise this option, (b) Professional law enforcement associations, organizations, and the license shall be awarded pursuant to the requirements provided for in commissions. Paragraphs (3) through (5) of this Subsection. (2) The rules shall include but not be limited to: (b) Prior to September 1, 2016, the Louisiana State University Agricultural (a) Standards, procedures, and protocols for the effective use of prescribed Center and the Southern University Agricultural Center shall each provide recommended marijuana for therapeutic use as authorized by state law and written notice to the commissioner of agriculture and forestry of their intent to related rules and regulations. be licensed as a production facility, either separately or jointly. (b) Standards, procedures, and protocols for the dispensing and tracking (c) The Louisiana State University Agricultural Center or the Southern of prescribed recommended therapeutic marijuana in Louisiana. University Agricultural Center may conduct research on marijuana for (c) Procedures and protocols to provide that no prescribed recommended therapeutic use if the center is licensed as a production facility pursuant to therapeutic marijuana may be dispensed from, produced from, obtained this Section. from, sold to, or transferred to a location outside of this state. (3) The license shall be limited to one geographic location as provided (d) The establishment of standards, procedures, and protocols for for in rule by the Department of Agriculture and Forestry. The geographic determining the amount of usable prescribed recommended therapeutic location shall be a public record subject to disclosure under the Public marijuana that is necessary to constitute an adequate supply to ensure Records Law, R.S. 44:1 et seq. The licensee shall permit inspection of the uninterrupted availability for a period of one month, including amounts for production facility by any elected member of the Louisiana Legislature topical treatments. upon request after receipt of reasonable notice. (e) The establishment of standards, procedures, and protocols to ensure (4)(a) The Department of Agriculture and Forestry shall grant the license that all prescribed recommended therapeutic marijuana dispensed is pursuant to a contract awarded through a competitive sealed bid or a consistently pharmaceutical grade. competitive sealed proposal as provided for in R.S. 39:1594 and 1595. The (f) The establishment of standards and procedures for the revocation, contract for the license shall be subject to the Louisiana Procurement Code suspension, and nonrenewal of licenses. and shall not be subject to any exceptions to or other variances from the (g) The establishment of other licensing, renewal, and operational Louisiana Procurement Code. The contract shall not be awarded under the standards which are deemed necessary by the Louisiana Board of Pharmacy. sole source procurement provisions provided for in R.S. 39:1597. (h) The establishment of standards and procedures for testing (b) Any contract for the license awarded pursuant to this Subsection shall prescribed recommended therapeutic marijuana samples for levels not exceed five years. of tetrahydrocannabinol (THC) or other testing parameters deemed (c) Any contract, memorandum of understanding, or cooperative endeavor appropriate by the Louisiana Board of Pharmacy. agreement entered into pursuant to this Section shall be a public record (i) The establishment of health, safety, and security requirements for subject to disclosure under the Public Records Law, R.S. 44:1 et seq. dispensers of prescribed recommended therapeutic marijuana. (d) Any contract, memorandum of understanding, or cooperative endeavor (j) Licensure of dispensers of prescribed recommended therapeutic agreement entered into for services for the cultivation or processing in any marijuana. way of marijuana pursuant to this Section shall be a public record subject to (k) The establishment of financial requirements for applicants of disclosure under the Public Records Law, R.S. 44:1 et seq. therapeutic marijuana dispensing pharmacy license under which each (e) No person licensed pursuant to this Subsection shall subcontract for applicant demonstrates the following: services for the cultivation or processing in any way of marijuana if the (i) The financial capacity to operate a therapeutic marijuana dispensing subcontractor, or any of the service providers in the chain of subcontractors, pharmacy. is owned wholly or in part by any state employee or member of a state (ii) The ability to maintain an escrow account in a financial institution employee’s immediate family, including but not limited to any legislator, headquartered in Louisiana in an amount of two million dollars, if required statewide public official, university or community or technical college by the Louisiana Board of Pharmacy. employee, Louisiana State University Agricultural Center employee, or D. The Louisiana Board of Pharmacy shall submit a report to the Southern University Agricultural Center employee. For the purposes of this legislature no later than January 1, 2016, with recommendations on possible Paragraph, “immediate family” has the same meaning as provided in R.S. fee amounts relative to the provisions of this Section. 42:1102. E. All rules shall be adopted in accordance with the provisions of the (f) Any bid for the license awarded pursuant to this Subsection shall Administrative Procedure Act. include proof of the financial capability of the bidder to operate a therapeutic F.D. Nothing in this Section shall be construed to prohibit the Louisiana marijuana production facility including but not limited to a net worth of not State Board of Medical Examiners or the Louisiana Board of Pharmacy from less than one million dollars. adopting emergency rules as otherwise provided for in the Administrative (5) No person licensed pursuant to this Subsection shall give or receive Procedure Act. anything of value in connection with any contract, memorandum of G.E. Marijuana, tetrahydrocannabinols, or a chemical derivative of understanding, or cooperative endeavor agreement executed pursuant tetrahydrocannabinols prescribed recommended pursuant to this Section to this Subsection except the value that is expressed in the contract, shall be dispensed in person from a licensed pharmacy in good standing memorandum of understanding, or cooperative endeavor agreement. located in Louisiana. (6)(a) The Department of Agriculture shall collect the following information H.F. A prescriber and dispenser of person who recommends and person who from each licensee: dispenses marijuana, tetrahydrocannabinols, or a chemical derivative of (i) The amount of gross marijuana produced by the licensee during each tetrahydrocannabinols pursuant to this Section shall review the patient’s calendar year. information in the Prescription Monitoring Program database prior to the (ii) The details of all production costs including but not limited to seed, prescribing recommending and dispensing thereof. fertilizer, labor, advisory services, construction, and irrigation. I.G. The Louisiana Board of Pharmacy shall develop an annual, (iii) The details of any items or services for which the licensee subcontracted nontransferable specialty license for a pharmacy to dispense prescribed and the costs of each subcontractor directly or indirectly working for the recommended marijuana for therapeutic use and shall limit the number contractor. of such licenses granted in the state to no more than ten licensees. The (iv) The amount of therapeutic chemicals produced resulting from the Louisiana Board of Pharmacy shall develop rules and regulations regarding marijuana grown pursuant to this Section. the geographical locations of dispensing pharmacies in Louisiana. (v) The amounts paid each year to the licensee related to the licensee’s production of therapeutic marijuana pursuant to this Section. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 38 (House Bills) and underscored and boldfaced (Senate Bills) are additions. (vi) The amount of therapeutic marijuana distributed to each pharmacy crude marijuana, tetrahydrocannabinols, or a chemical derivative of licensed to dispense therapeutic marijuana in this state during each tetrahydrocannabinols for therapeutic use by patients clinically diagnosed calendar year. as suffering from a debilitating medical condition glaucoma, symptoms (b) The Department of Agriculture and Forestry shall provide the resulting from the administration of chemotherapy cancer treatment, and information collected pursuant to this Paragraph for the previous calendar spastic quadriplegia in accordance with rules and regulations promulgated year in the form of a written report to the Louisiana Legislature no later by the Louisiana State Board of Medical Examiners. The Louisiana than February first of each year. The department shall also make a copy State Board of Medical Examiners shall submit to the Senate and House of the report required by this Subparagraph available to the public on the committees on health and welfare on an annual basis not less than sixty Internet. days prior to the beginning of the regular session of the legislature a report (7) No company that has made a contribution to a candidate in a Louisiana as to any additional diseases or medical conditions that should be added to election governed by the provisions of the Campaign Finance Disclosure Act the list of eligible diseases and conditions for prescription. within the five years prior to bidding for the license, or is controlled wholly (2)(a) For purposes of this Subsection, “debilitating medical condition” means or in part by a person who made such a contribution within the five years cancer, positive status for human immunodeficiency virus, acquired immune prior to the company bidding for the license, may be eligible for the license. deficiency syndrome, cachexia or wasting syndrome, seizure disorders, (8) The Department of Agriculture and Forestry shall submit a report epilepsy, spasticity, Crohn’s disease, muscular dystrophy, or multiple sclerosis. to the legislature no later than January 1, 2016, with recommendations on (b) If the United States Food and Drug Administration approves the use possible fee amounts relative to the provisions of this Section. of medical marijuana in the same form provided for in this Part for any K.I. The levels of THC in any marijuana produced pursuant to this Section debilitating medical condition specifically identified in this Paragraph, that shall be reduced to the lowest acceptable therapeutic levels available medical condition shall no longer be covered by the provisions of this Part. through scientifically accepted methods. (c) If the United States Food and Drug Administration approves the use of L.J. The provisions of this Section shall terminate on January 1, 2020. medical marijuana in a form or derivative different than provided for in this §1047. Louisiana Department of Agriculture and Forestry; authorization to Part for any debilitating medical condition specifically identified in this obtain criminal history record information Paragraph, the disease state shall remain covered by the provisions of this Part. A. As used in this Section, the following terms shall have the following The patient shall first be treated by the approved form or derivative of medical meaning: marijuana through utilization of step therapy or fail first protocols. If, after use (1) “Applicant” means a natural person, a corporation, limited liability of the United States Food and Drug Administration approved form or derivative company, partnership, joint stock association, sole proprietorship, joint venture, of medical marijuana, the physician determines that the preferred treatment business association, cooperative association, professional corporation or any required under step therapy or fail first protocol has been ineffective in the other legal entity or organization through which business is conducted. treatment of the patient’s debilitating medical condition, he may prescribe the (2) “Bureau” means the Louisiana Bureau of Criminal Identification and form of medical marijuana provided for in this Part for use by the patient as Information of the office of state police within the Department of Public Safety medically necessary. and Corrections. (3) For purposes of this Part, “prescribe” or “prescription” means an order (3) “Criminal history record information” means information collected from a physician domiciled in Louisiana and licensed and in good standing by state and federal criminal justice agencies on individuals consisting of with the Louisiana Board of Medical Examiners and authorized by the board identifiable descriptions and notations of arrests, detentions, indictments, bills to prescribe medical marijuana that is patient-specific and disease‑specific in of information, or any formal criminal charges, and any disposition arising accordance with Paragraph (2) of this Subsection, and is communicated by any therefrom, including sentencing, criminal correctional supervision, and means allowed by the Louisiana Board of Pharmacy to a Louisiana-licensed release. It shall not include intelligence information gathered for investigatory pharmacist in a Louisiana-permitted dispensing pharmacy as described in purposes or any identification information which does not indicate involvement Subsection G of this Section, and is preserved on file as required by Louisiana of the individual in the criminal justice system. law or federal law regarding medical marijuana. (4) “Department” means Louisiana Department of Agriculture and Forestry. (4) Physicians shall prescribe the use of medical marijuana for treatment (5) “FBI” means the Federal Bureau of Investigation of the United States of debilitating medical conditions in accordance with rules and regulations Department of Justice. promulgated by the Louisiana State Board of Medical Examiners. (6) “Licensure” means any license or permit that the department is authorized (5) The Louisiana State Board of Medical Examiners shall submit to the to issue for the production of recommended therapeutic marijuana and the Senate and House committees on health and welfare on an annual basis not less facility producing therapeutic marijuana. than sixty days prior to the beginning of the regular session of the legislature a B. In addition to any other requirements established by department rules, the report as to any additional diseases or medical conditions that should be added department shall require an applicant, as a condition of eligibility for licensure: to the list of eligible diseases and conditions for recommendation. (1) To submit a full set of fingerprints, in a form and manner prescribed by B. The Louisiana State Board of Medical Examiners shall promulgate the department. rules and regulations authorizing physicians licensed to practice in this (2) To permit the department to request and obtain state and national criminal state to prescribe marijuana for therapeutic use by patients as described in history record information on the applicant. Subsection A of this Section no later than January 1, 2016. (3) To pay the reasonable costs to be incurred by the department in requesting C.(1) The Louisiana Board of Pharmacy shall adopt rules relating to the and obtaining state and national criminal history record information on the dispensing of prescribed marijuana for therapeutic use no later than applicant. December 1, 2016. The Louisiana Board of Pharmacy shall seek input from C. In accordance with the provisions and procedure prescribed by this Section, groups including but not limited to the following: the department shall request and obtain state and national criminal history (a) The Louisiana District Attorneys Association. record information from the bureau and the FBI relative to any applicant for (b) Professional law enforcement associations, organizations, and licensure whose fingerprints the department has obtained pursuant to this commissions. Section for the purpose of determining the applicant’s suitability and eligibility (2) The rules shall include but not be limited to: for licensure. (a) Standards, procedures, and protocols for the effective use of prescribed D. Upon request by the department and upon submission of an applicant’s marijuana for therapeutic use as authorized by state law and related rules fingerprints, and such other identifying information as may be required, and regulations. the bureau shall survey its criminal history records and identification files (b) Standards, procedures, and protocols for the dispensing and tracking and make a simultaneous request of the FBI for like information from other of prescribed therapeutic marijuana in Louisiana. jurisdictions. The bureau may charge the department a reasonable processing (c) Procedures and protocols to provide that no prescribed therapeutic fee for conducting and reporting on any such search. marijuana may be dispensed from, produced from, obtained from, sold to, E. Any and all state or national criminal history record information obtained or transferred to a location outside of this state. by the department from the bureau or FBI which is not already a matter of public (d) The establishment of standards, procedures, and protocols for record shall be deemed nonpublic and confidential information restricted to determining the amount of usable prescribed therapeutic marijuana that the exclusive use by the department in evaluating the applicant’s eligibility or is necessary to constitute an adequate supply to ensure uninterrupted disqualification for licensure. No such information or records related thereto availability for a period of one month, including amounts for topical shall, except with the written consent of the applicant or by order of a court of treatments. competent jurisdiction, be released or otherwise disclosed by the department (e) The establishment of standards, procedures, and protocols to ensure to any other person or agency. that all prescribed therapeutic marijuana dispensed is consistently Section 2. R.S. 40:1046 is hereby amended and reenacted to read as follows: pharmaceutical grade. §1046. Prescription of marijuana for therapeutic use; rules and regulations; (f) The establishment of standards and procedures for the revocation, Louisiana Board of Pharmacy and the adoption of rules and regulations suspension, and nonrenewal of licenses. relating to the dispensing of prescribed marijuana for therapeutic use; the (g) The establishment of other licensing, renewal, and operational Department of Agriculture and Forestry and the licensure of a production standards which are deemed necessary by the Louisiana Board of Pharmacy. facility (h) The establishment of standards and procedures for testing prescribed A.(1) Notwithstanding any other provision of this Part, a physician therapeutic marijuana samples for levels of tetrahydrocannabinol (THC) licensed by and in good standing with the Louisiana State Board of Medical or other testing parameters deemed appropriate by the Louisiana Board of Examiners to practice medicine in this state and who is domiciled in this Pharmacy. state may prescribe, in any form as permitted by the rules and regulations (i) The establishment of health, safety, and security requirements for of the Louisiana Board of Pharmacy except for inhalation, and raw or dispensers of prescribed therapeutic marijuana. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 39 (House Bills) and underscored and boldfaced (Senate Bills) are additions. (j) Licensure of dispensers of prescribed therapeutic marijuana. employee’s immediate family, including but not limited to any legislator, (k) The establishment of financial requirements for applicants of statewide public official, university or community or technical college therapeutic marijuana dispensing pharmacy license under which each employee, Louisiana State University Agricultural Center employee, or applicant demonstrates the following: Southern University Agricultural Center employee. For the purposes of this (i) The financial capacity to operate a therapeutic marijuana dispensing Paragraph, “immediate family” has the same meaning as provided in R.S. pharmacy. 42:1102. (ii) The ability to maintain an escrow account in a financial institution (f) Any bid for the license awarded pursuant to this Subsection shall headquartered in Louisiana in an amount of two million dollars, if required include proof of the financial capability of the bidder to operate a therapeutic by the Louisiana Board of Pharmacy. marijuana production facility including but not limited to a net worth of not D. The Louisiana Board of Pharmacy shall submit a report to the less than one million dollars. legislature no later than January 1, 2016, with recommendations on possible (5) No person licensed pursuant to this Subsection shall give or receive fee amounts relative to the provisions of this Section. anything of value in connection with any contract, memorandum of E. All rules shall be adopted in accordance with the provisions of the understanding, or cooperative endeavor agreement executed pursuant Administrative Procedure Act. to this Subsection except the value that is expressed in the contract, F.D. Nothing in this Section shall be construed to prohibit the Louisiana memorandum of understanding, or cooperative endeavor agreement. State Board of Medical Examiners or the Louisiana Board of Pharmacy from (6)(a) The Department of Agriculture shall collect the following information adopting emergency rules as otherwise provided for in the Administrative from each licensee: Procedure Act. (i) The amount of gross marijuana produced by the licensee during each G.E. Marijuana, tetrahydrocannabinols, or a chemical derivative of calendar year. tetrahydrocannabinols prescribed pursuant to this Section shall be (ii) The details of all production costs including but not limited to seed, dispensed in person from a licensed pharmacy in good standing located in fertilizer, labor, advisory services, construction, and irrigation. Louisiana. (iii) The details of any items or services for which the licensee subcontracted H.F. A prescriber and dispenser of marijuana, tetrahydrocannabinols, or a and the costs of each subcontractor directly or indirectly working for the chemical derivative of tetrahydrocannabinols pursuant to this Section shall contractor. review the patient’s information in the Prescription Monitoring Program (iv) The amount of therapeutic chemicals produced resulting from the database prior to the prescribing and dispensing thereof. marijuana grown pursuant to this Section. I.G. The Louisiana Board of Pharmacy shall develop an annual, (v) The amounts paid each year to the licensee related to the licensee’s nontransferable specialty license for a pharmacy to dispense prescribed production of therapeutic marijuana pursuant to this Section. marijuana for therapeutic use and shall limit the number of such licenses (vi) The amount of therapeutic marijuana distributed to each pharmacy granted in the state to no more than ten licensees. The Louisiana Board of licensed to dispense therapeutic marijuana in this state during each Pharmacy shall develop rules and regulations regarding the geographical calendar year. locations of dispensing pharmacies in Louisiana. (b) The Department of Agriculture and Forestry shall provide the J.(1) H.(1)(a) The Department of Agriculture and Forestry shall develop the information collected pursuant to this Paragraph for the previous calendar rules and regulations regarding the extraction, processing, and production year in the form of a written report to the Louisiana Legislature no later of prescribed therapeutic marijuana and the facility producing therapeutic than February first of each year. The department shall also make a copy marijuana. The rules and regulations shall include but not be limited to both of the report required by this Subparagraph available to the public on the of the following minimum standards: Internet. (i) In order to mitigate the risk of bacterial contamination, food-grade ethanol (7) No company that has made a contribution to a candidate in a Louisiana extraction shall be used. election governed by the provisions of the Campaign Finance Disclosure Act (ii) The extraction and refining process shall produce a product that is food within the five years prior to bidding for the license, or is controlled wholly safe and capable of producing pharmaceutical-grade products. or in part by a person who made such a contribution within the five years (b) The rules and regulations shall also include but not be limited to the prior to the company bidding for the license, may be eligible for the license. procedures for application, qualifications, eligibility, background checks, (8) The Department of Agriculture and Forestry shall submit a report and standards for suitability for a license and penalties for violations of the to the legislature no later than January 1, 2016, with recommendations on rules and regulations. possible fee amounts relative to the provisions of this Section. (2)(a) The Department of Agriculture and Forestry shall develop an K.I. The levels of THC in any marijuana produced pursuant to this Section annual, nontransferable specialty license for the production of prescribed shall be reduced to the lowest acceptable therapeutic levels available marijuana for therapeutic use. and Other than the licenses granted pursuant through scientifically accepted methods. to Subparagraph (b) of this Paragraph, the Department of Agriculture and L.J. The provisions of this Section shall terminate on January 1, 2020. Forestry shall limit the number of such licenses granted in the state to no Section 3. This Section and Section 1 of this Act shall become effective upon more than one licensee. The Louisiana State University Agricultural Center signature by the governor or, if not signed by the governor, upon expiration and the Southern University Agricultural Center shall have the right of first of the time for bills to become law without signature by the governor, as refusal to be licensed as the production facility, either separately or jointly. provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed If neither of the centers exercise this option, the license shall be awarded by the governor and subsequently approved by the legislature, this Act shall pursuant to the requirements provided for in Paragraphs (3) through (5) of become effective on the day following such approval. this Subsection. Section 4. This Section and Section 2 of this Act shall become effective (b) Prior to September 1, 2016, the Louisiana State University Agricultural and become operative if and when the United States Drug Enforcement Center and the Southern University Agricultural Center shall each provide Administration reclassifies marijuana from a Schedule I drug to a Schedule written notice to the commissioner of agriculture and forestry of their intent to II drug under the authority of the Controlled Substances Act, 21 U.S.C. §801 be licensed as a production facility, either separately or jointly. et seq., at which time the provisions of Section 1 of this Act amending and (3) The license shall be limited to one geographic location as provided reenacting R.S. 40:1046 shall become null and void and of no effect. for in rule by the Department of Agriculture and Forestry. The geographic Approved by the Governor, May 19, 2016. location shall be a public record subject to disclosure under the Public A true copy: Records Law, R.S. 44:1 et seq. The licensee shall permit inspection of the Tom Schedler production facility by any elected member of the Louisiana Legislature Secretary of State upon request after receipt of reasonable notice. ------(4)(a) The Department of Agriculture and Forestry shall grant the license pursuant to a contract awarded through a competitive sealed bid or a ACT No. 97 competitive sealed proposal as provided for in R.S. 39:1594 and 1595. The - - - contract for the license shall be subject to the Louisiana Procurement Code HOUSE BILL NO. 386 and shall not be subject to any exceptions to or other variances from the BY REPRESENTATIVES HOFFMANN, ABRAHAM, AMEDEE, BACALA, Louisiana Procurement Code. The contract shall not be awarded under the BAGLEY, BAGNERIS, BARRAS, BROADWATER, CHAD BROWN, sole source procurement provisions provided for in R.S. 39:1597. CARMODY, COX, DWIGHT, EDMONDS, EMERSON, FALCONER, (b) Any contract for the license awarded pursuant to this Subsection shall GAROFALO, GUINN, LANCE HARRIS, HENSGENS, HILFERTY, HILL, not exceed five years. HODGES, HORTON, HUVAL, IVEY, JACKSON, MIKE JOHNSON, ROBERT (c) Any contract, memorandum of understanding, or cooperative endeavor JOHNSON, NANCY LANDRY, LEBAS, MAGEE, DUSTIN MILLER, AND agreement entered into pursuant to this Section shall be a public record POPE AND SENATORS BARROW, BOUDREAUX, ERDEY, JOHNS, AND subject to disclosure under the Public Records Law, R.S. 44:1 et seq. MILLS (d) Any contract, memorandum of understanding, or cooperative endeavor AN ACT agreement entered into for services for the cultivation or processing in any To amend and reenact R.S. 40:1061.10(D)(2), 1061.16(B), 1061.17(B)(3), (4)(b), (5), way of marijuana pursuant to this Section shall be a public record subject to (6), and (8), and 1061.18(D), relative to regulation of abortion; to revise the disclosure under the Public Records Law, R.S. 44:1 et seq. time period prescribed for certain activities that are required to occur (e) No person licensed pursuant to this Subsection shall subcontract for prior to an abortion; to provide for the time required to elapse between services for the cultivation or processing in any way of marijuana if the performance of an obstetric ultrasound and performance of an abortion; subcontractor, or any of the service providers in the chain of subcontractors, to provide for the time required to elapse between delivery of certain is owned wholly or in part by any state employee or member of a state information to a woman seeking an abortion and performance of the THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 40 (House Bills) and underscored and boldfaced (Senate Bills) are additions. abortion; to provide relative to conditions for consent to an abortion to be (b) If the pregnant woman certifies in writing that she currently lives one deemed voluntary and informed; and to provide for related matters. hundred fifty miles or more from the nearest licensed outpatient abortion Be it enacted by the Legislature of Louisiana: facility to her residence, then the physician who is to perform the abortion Section 1. R.S. 40:1061.10(D)(2), 1061.16(B), 1061.17(B)(3), (4)(b), (5), (6), and or a qualified person who is the physician’s agent shall comply with all of (8), and 1061.18(D) are hereby amended and reenacted to read as follows: the requirements of Subparagraph (a) of this Paragraph at least twenty- §1061.10. Abortion by physician; determination of viability; ultrasound test four hours prior to the woman having any part of an abortion performed or required; exceptions; penalties induced. * * * * * * D. Ultrasound Requirements. Except in the case of a medical emergency, §1061.16. Information on psychological impacts, illegal coercion, abuse, and in addition to the provisions of R.S. 40:1061.17, consent to an abortion and human trafficking required prior to abortion; task force on information of an unborn child at any stage of gestational development is voluntary and resources informed only if an obstetric ultrasound is performed in accordance with * * * the provisions of this Section. B.(1) At least twenty‑four Except as provided in Paragraph (2) of this * * * Subsection, at least seventy-two hours prior to undergoing an elective (2)(a) Requirements. At least twenty‑four Except as provided in abortion as defined in R.S. 40:1061.9, and as a condition for consent to the Subparagraph (b) of this Paragraph, at least seventy-two hours prior to the abortion to be deemed voluntary and informed, the woman or minor female woman woman’s having any part of an abortion performed or induced, and considering abortion shall be given a copy of the printed materials described prior to the administration of any anesthesia or medication in preparation in this Section by the physician who is to perform the abortion or a qualified for the abortion on the woman, the physician who is to perform the abortion person as defined in R.S. 40:1061.17(B)(4)(c), except in the case of medical or a qualified person who is the physician’s agent shall comply with all of the emergency as provided in R.S. 40:1061.23. following requirements: (2) If the woman or minor female considering abortion certifies in writing (a) (i) Perform an obstetric ultrasound on the pregnant woman; that she currently lives one hundred fifty miles or more from the nearest simultaneously display the screen which depicts the active ultrasound licensed outpatient abortion facility to her residence, then she shall be given images so that the pregnant woman may view them; and make audible the a copy of the printed materials described in this Section at least twenty- fetal heartbeat, if present, in a quality consistent with current medical four hours prior to an elective abortion procedure by the physician who is practice. Nothing in this Section shall be construed to prevent the pregnant to perform the abortion or a qualified person as defined in R.S. 40:1061.17(B) woman from not listening to the sounds detected by the fetal heart monitor, (4)(c), except in the case of medical emergency as provided in R.S. 40:1061.23. or from not viewing the images displayed on the ultrasound screen. * * * (b) (ii) Provide a simultaneous and objectively accurate oral explanation of §1061.17. Woman’s Right To Know what the ultrasound is depicting, in a manner understandable to a layperson, * * * which shall include the presence and location of the unborn child within the B. Informed consent; requirements. After a woman is determined to be uterus and the number of unborn children depicted, the dimensions of the pregnant, no abortion shall be performed or induced without the voluntary unborn child, and the presence of cardiac activity if present and viewable, and informed consent of the woman upon whom the abortion is to be along with the opportunity for the pregnant woman to ask questions. performed or induced. Except in the case of a medical emergency, consent (c) (iii) Offer the pregnant woman the option of requesting an ultrasound to an abortion is voluntary and informed if and only if: photograph or print of her unborn child of a quality consistent with current * * * standard medical practice that accurately portrays, to the extent feasible, (3)(a) Oral information from the physician. At least twenty‑four Except as the body of the unborn child including limbs, if present and viewable. provided in Subparagraph (b) of this Paragraph, at least seventy-two hours (d) (iv) Prior to the ultrasound, obtain from the pregnant woman a copy of before the abortion, the physician who is to perform the abortion or the a completed, signed, and dated election form. The election form shall be referring physician has informed the woman, orally and in person, of: produced and made available by the department, and shall state as follows: (a) (i) The name of the physician who meets the requirements of R.S. “Ultrasound Before Abortion Notice and Election Form 46:1061.10(A) and who will perform the abortion. Louisiana law requires an ultrasound examination prior to the performance (b) (ii) A description of the proposed abortion method and of those risks of an abortion. By signing below, I certify that I understand the following: (including risks to the woman’s reproductive health) and alternatives to the (1) I have the option to look at or look away from the ultrasound display abortion that a reasonable patient would consider material to the decision of at any time. whether or not to undergo the abortion. (2) I have the option to listen to the heartbeat of the unborn child (c) (iii) The probable gestational age of the unborn child at the time the that is required to be made audible unless I decline by initialing here: abortion is to be performed; and, if the unborn child is viable or has reached ______. the gestational age of twenty‑four weeks and the abortion may be otherwise (3) I am required by law to hear an oral explanation of the ultrasound lawfully performed under existing law, that: images, unless I certify below that I am pregnant due to an act of rape or (i) (aa) The unborn child may be able to survive outside the womb. crime against nature as defined by R.S. 14:89(A)(2). (ii) (bb) The woman has the right to request the physician to use the method (4) I have the option to ask and receive answers to any questions about of abortion that is most likely to preserve the life of the unborn child. the images of the unborn child. (iii) (cc) If the unborn child is born alive, that attending physicians have the (5) I have the option to ask for an ultrasound photographic print depicting legal obligation to take all reasonable steps necessary to maintain the life the unborn child. and health of the child. ______(d) (iv) The probable anatomical and physiological characteristics of the Signature Date unborn child at the time the abortion is to be performed. OPTION FOR WOMEN WHO HAVE FILED LAW ENFORCEMENT (e) (v) The medical risks associated with carrying her child to term. REPORTS: (f) (vi) Any need for anti‑Rh immune globulin therapy, if she is Rh negative, I certify that I have reported an act of rape or crime against nature as the likely consequences of refusing such therapy, and a good faith estimate defined by R.S. 14:89(A)(2) to law enforcement officials, and that I decline to of the cost of the therapy. hear an oral explanation of the ultrasound images. (g) (vii) The availability of anesthesia or analgesics to alleviate or eliminate ______organic pain to the unborn child that could be caused by the method of Signature Date” abortion to be employed. (e) (v) Orally read the following statement to the pregnant woman in the (h) (viii) The requirement that at least twenty‑four seventy-two hours ultrasound examination room prior to beginning the ultrasound examination, prior to the woman woman’s having any part of an abortion performed or and certify by signature on a form that shall be produced and made available induced, the physician, referring physician, or qualified person working by the department that the following statement was delivered orally: in conjunction with either physician must perform an obstetric ultrasound “During this ultrasound examination, you have the right to an oral under the provisions of R.S. 40:1061.10. explanation of the results. You have the option to view the images on the (i) (ix) The inclusion in her printed materials of a comprehensive list, ultrasound screen. The heartbeat of the unborn child, if present, will be compiled by the department, of facilities that offer obstetric ultrasounds made audible, unless you declined on the election form. You have the right to free of charge. receive answers to any questions you ask about your ultrasound examination. (b) If the woman certifies in writing that she currently lives one hundred You have the right to receive an ultrasound photographic print, which will be fifty miles or more from the nearest licensed outpatient abortion facility to her provided at your request.” residence, then the physician who is to perform the abortion or the referring (f) (vi) Retain copies of the election form and certification prescribed physician shall comply with all of the requirements of Subparagraph (a) of by Subparagraphs (d) and (e) of this Paragraph Items (iv) and (v) of this this Paragraph at least twenty‑four hours prior to the abortion. Subparagraph. The certification shall be placed in the medical file of the (4) Oral information from a physician or qualified person. woman and shall be kept by the abortion provider for a period of not less * * * than seven years. If the woman is a minor, the certification shall be placed (b)(i) A t l e a s t t w e n t y ‑ f o u r Except as provided in Item (ii) of this Subparagraph, in the medical file of the minor and kept for at least seven years or for five at least seventy-two hours before a scheduled abortion, the physician who is years after the minor reaches the age of majority, whichever is greater. The to perform the abortion, the referring physician, or a qualified person has woman’s medical files shall be kept confidential as provided by law. informed the woman, orally and in person, that: (i) (aa) Medical assistance benefits may be available for prenatal care, childbirth, and neonatal care, and that more detailed information on the THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 41 (House Bills) and underscored and boldfaced (Senate Bills) are additions. availability of such assistance is contained on the department’s website MILKOVICH, MILLS, MIZELL, PEACOCK, PERRY, RISER, TARVER, and in the printed materials which shall be given to her as provided in this THOMPSON, WALSWORTH, AND WARD Section. AN ACT (ii) (bb) The department’s website and printed materials describe the To amend and reenact R.S. 40:1061.10(A)(1), relative to regulation of abortion; unborn child and list agencies which offer alternatives to abortion. to provide for qualifications of physicians who perform elective abortions; (iii) (cc) The father of the unborn child is liable to assist in the support of and to provide for related matters. her child, even in instances where he has offered to pay for the abortion. In Be it enacted by the Legislature of Louisiana: the case of rape, this information may be omitted. Section 1. R.S. 40:1061.10(A)(1) is hereby amended and reenacted to read (iv) (dd) She is free to withhold or withdraw her consent to the abortion at as follows: any time before or during the abortion without affecting her right to future §1061.10. Abortion by physician; determination of viability; ultrasound test care or treatment and without the loss of any state or federally funded required; exceptions; penalties benefits to which she might otherwise be entitled. A . ( 1 ) P h y s i c i a n r e q u i r e m e n t s . No p e r s o n s h a l l p e r f o r m o r i n d u c e a n a b o r t i o n (ii) If the woman certifies in writing that she currently lives one hundred unless that person is a physician licensed to practice medicine in the state of fifty miles or more from the nearest licensed outpatient abortion facility to Louisiana and is currently enrolled in or has completed a residency board- her residence, then the physician who is to perform the abortion, the referring certified in obstetrics and gynecology or family medicine or enrolled in a physician, or a qualified person shall comply with all of the requirements of residency program for obstetrics and gynecology or family medicine, when Item (i) of this Subparagraph at least twenty‑four hours before a scheduled that resident performs or induces an abortion under the direct supervision abortion. of a physician who is board‑certified in obstetrics and gynecology or family * * * medicine. Any outpatient abortion facility that knowingly or negligently (5)(a) Provision of printed materials. At least twenty‑four Except as employs, contracts with, or provides any valuable consideration for the provided in Subparagraph (b) of this Paragraph, at least seventy-two hours performance of an abortion in an outpatient abortion facility by any person before the abortion, the woman is given a copy of the printed materials who does not meet the requirements of this Section is subject to having its described in this Section by the physician who is to perform the abortion, the license denied, non‑renewed, or revoked by the Department of Health and referring physician, or a qualified person as defined in Subparagraph (4)(c) of Hospitals in accord with R.S. 40:2175.6. For the purposes of this Subsection, this Subsection. If the woman is unable to read the materials, they shall be “direct supervision” shall mean that the physician must be present in the read to her. If the woman asks questions concerning any of the information hospital, on the campus, or in the outpatient facility, and immediately or materials, answers shall be provided to her in her own language. available to furnish assistance and direction throughout the performance (b) If the woman certifies in writing that she currently lives one hundred of the procedure. The physician need not be present in the room when the fifty miles or more from the nearest licensed outpatient abortion facility to procedure is performed in order to maintain direct supervision. her residence, then the woman shall be given a copy of the printed materials * * * described in this Section by the physician who is to perform the abortion, the Approved by the Governor, May 19, 2016. referring physician, or a qualified person as defined in Subparagraph (4)(c) of A true copy: this Subsection at least twenty-four hours before the abortion. If the woman Tom Schedler is unable to read the materials, they shall be read to her. If the woman asks Secretary of State questions concerning any of the information or materials, answers shall be ------provided to her in her own language. (6) Certification and reporting. The woman certifies in writing on a form ACT No. 99 provided by the department, prior to the abortion, that the information and - - - materials required to be provided under this Section have been provided at HOUSE BILL NO. 17 least twenty‑four seventy-two hours prior to the abortion; or, if applicable, BY REPRESENTATIVE PEARSON at least twenty-four hours prior to the abortion in the case of a woman who AN ACT has given prior certification in writing that she currently lives one hundred To amend and reenact R.S. 11:1732(introductory paragraph) and to enact fifty miles or more from the nearest licensed outpatient abortion facility R.S. 11:1732(14)(a)(x), relative to participation in the Municipal Employees’ to her residence. All physicians who perform abortions shall report the Retirement System; to authorize participation by certain employers; and to total number of certifications received monthly to the department. The provide for related matters. department shall make the number of certifications received available to the Notice of intention to introduce this Act has been published as provided by public on an annual basis. Article X, Section 29(C) of the Constitution of Louisiana. * * * Be it enacted by the Legislature of Louisiana: (8) The woman is not required to pay any amount for the abortion Section 1. R.S. 11:1732(introductory paragraph) is hereby amended and procedures until the twenty‑four‑hour seventy-two-hour period has expired; reenacted and R.S. 11:1732(14)(a)(x) is hereby enacted to read as follows: or until expiration of the twenty-four-hour period applicable in the case §1732. Definitions of a woman who has given prior certification in writing that she currently The following words and phrases, as used in this Chapter, unless a different lives one hundred fifty miles or more from the nearest licensed outpatient meaning is plainly required by the context, shall have the following meaning abortion facility to her residence. meanings: * * * * * * §1061.18. Abortion sought due to rape or certain acts of crime against nature; (14)(a) “Employer” or “participating employer” shall mean: reporting and certification * * * * * * (x) The Louisiana Local Government Environmental Facilities and D. Whenever an abortion is being sought pursuant to R.S. 40:1061.6 to Community Development Authority. terminate a pregnancy resulting from an alleged act of rape or crime * * * against nature as defined by R.S. 14:89(A)(2), the victim may request spiritual Section 2. This Act shall become effective upon signature by the governor counseling and shall be offered the same informed consent information, or, if not signed by the governor, upon expiration of the time for bills to without the seventy-two-hour or twenty‑four‑hour delay, contained in become law without signature by the governor, as provided by Article III, whichever may be applicable pursuant to R.S. 40:1061.17(B), prior to the Section 18 of the Constitution of Louisiana. If vetoed by the governor and performance of the abortion. subsequently approved by the legislature, this Act shall become effective on Approved by the Governor, May 19, 2016. the day following such approval. A true copy: Approved by the Governor, May 19, 2016. Tom Schedler A true copy: Secretary of State Tom Schedler ------Secretary of State ------ACT No. 98 - - - ACT No. 100 HOUSE BILL NO. 488 - - - BY REPRESENTATIVES JACKSON, ADAMS, AMEDEE, BACALA, BAGLEY, HOUSE BILL NO. 177 BAGNERIS, BARRAS, BISHOP, CHAD BROWN, TERRY BROWN, BY REPRESENTATIVE FOIL CARMODY, STEVE CARTER, CHANEY, COUSSAN, COX, DANAHAY, AN ACT DAVIS, DEVILLIER, DWIGHT, EDMONDS, EMERSON, FALCONER, To amend and reenact R.S. 25:1001(B) and (C) and to enact R.S. 25:1001(E), GAROFALO, GUINN, LANCE HARRIS, HAZEL, HENSGENS, HILFERTY, relative to the Louisiana Naval War Memorial Commission; to provide with HILL, HODGES, HOFFMANN, HOLLIS, HORTON, HOWARD, HUVAL, respect to the quorum and meeting requirements of the commission; to IVEY, MIKE JOHNSON, LEBAS, LYONS, MACK, MAGEE, MIGUEZ, provide relative to the removal of commission members; and to provide for DUSTIN MILLER, JAY MORRIS, PIERRE, POPE, PYLANT, REYNOLDS, related matters. SEABAUGH, STOKES, TALBOT, THIBAUT, AND ZERINGUE AND Be it enacted by the Legislature of Louisiana: SENATORS ALARIO, APPEL, BARROW, BOUDREAUX, COLOMB, Section 1. R.S. 25:1001(B) and (C) are hereby amended and reenacted and CORTEZ, ERDEY, FANNIN, GATTI, HEWITT, JOHNS, LONG, MARTINY, R.S. 25:1001(E) is hereby enacted to read as follows:

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 42 (House Bills) and underscored and boldfaced (Senate Bills) are additions. §1001. Commission (6)(a) For the purpose of this Paragraph, “lump-sum payment” means a * * * single payment made all at once from any source, in lieu of recurring B. The initial appointive members of the commission shall be appointed payments that would be received by an obligor over a period of time. by September 15, 1979, and in making his appointments, the governor shall (b)(i) When a payor intends to issue a lump-sum payment in the amount designate five members to serve initial terms of two years, five to serve initial of three hundred dollars or more to an obligor, the payor shall notify the terms of four years, and six to serve initial terms of six years. Thereafter, department at least fifteen days prior to its issuance of the lump-sum the members shall be appointed for terms of six years each. A vacancy in the payment. Nothing in this Paragraph shall prevent a payor from reporting a membership of the commission shall be filled by the governor by appointment lower lump-sum payment at the payor’s discretion. for the unexpired term. A member of the commission may be removed by the (ii) Notice of the lump-sum payment shall be provided in a method approved governor for cause. by the department. The department shall provide information regarding all C. The commission shall be domiciled in Baton Rouge. The commission approved methods on its website. shall elect a chairman, a vice chairman, and such other officers as it shall (c) If, after fifteen days from the date the payor notifies the department, determine. The commission shall hold at least three one regular meetings the payor has not received any verification from the department as to any meeting each year and may hold other meetings upon call of the chairman withholdings of the lump-sum payment, then the payor may dispense the or a majority of the members. Nine members A majority of serving members lump-sum payment in full to the obligor. shall constitute a quorum for the transaction of business. (d) The provisions of this Paragraph apply only when the department is * * * providing support enforcement services. E.(1) The governor or the commission may remove a member for cause. (e) A payor who complies with the requirements of this Paragraph shall not (2) If a member misses two consecutive meetings and the absences have not be subject to the penalties provided for in Subsection K of this Section. been approved by the commission, the commission may remove the member. * * * If the commission seeks to remove a member pursuant to this Paragraph, Approved by the Governor, May 19, 2016. it shall notify the governor in writing prior to removal of the member. If A true copy: the governor does not object to the removal within thirty days of receipt of Tom Schedler written notification, the commission may remove the member. Secretary of State Approved by the Governor, May 19, 2019. ------A true copy: Tom Schedler ACT No. 103 Secretary of State ------HOUSE BILL NO. 214 BY REPRESENTATIVE LANCE HARRIS ACT No. 101 AN ACT - - - To authorize and provide for the transfer of certain state property; to HOUSE BILL NO. 193 authorize the transfer of certain state property in Rapides Parish; to BY REPRESENTATIVE HUNTER provide for the property description; to provide for reservation of mineral AN ACT rights; to provide terms and conditions; to provide an effective date; and to To amend and reenact R.S. 13:4163(C)(1), relative to the ex parte legislative provide for related matters. continuance; to provide for time periods of application; to provide for Be it enacted by the Legislature of Louisiana: qualifying activities; and to provide for related matters. Section 1. The secretary of the Department of Health and Hospitals and Be it enacted by the Legislature of Louisiana: the commissioner of administration, notwithstanding any other provision Section 1. R.S. 13:4163(C)(1) is hereby amended and reenacted to read as of law to the contrary, are hereby authorized and empowered to convey, follows: transfer, assign, lease or deliver any interest, excluding mineral rights, the §4163. Ex parte motion for legislative continuance or extension of time; state may have to all or any portion of the following described parcel of legislators or employees engaged in legislative or constitutional convention property to the Diocese of Alexandria, a nonprofit corporation: activities A certain tract of land owned by the State of Louisiana and/or the State * * * Hospital Board described as follows: C.(1) Such peremptory grounds are available for the continuance of any Beginning at point on the north or left descending bank of Big Bayou type of proceeding and the extension of any type of deadline pertaining to Canal, the same being in Section 19, Township 4 North, Range 2 West, a criminal case, civil case, or administrative proceeding, if the presence, Southwestern Land District, thence North 27 degrees 35 minutes East a participation, or involvement of a member or employee is required in any distance of 22.40 chains to a 1 inch iron pipe in the South right-of-way line of capacity, including any pretrial or post-trial legal proceeding, during: State Highway No. 20, thence South 65 degrees East a distance of 5.12 chains (a) Any time between fifteen thirty days prior to the original call to order along the said right-of-way line to a point on the line between Section 19 and and fifteen thirty days following the adjournment sine die of any session of 20, thence along the right-of-way line and the section line South 25 degrees the legislature. West a distance of 0.30 chains to a point, thence South 65 degrees East 12.07 (b) Any time between fifteen thirty days prior to convening and fifteen chains along the South right-of-way line of State Highway No. 20 to a point thirty days following adjournment sine die of any constitutional convention. being in Section 20, Township 4 North, Range 2 West, Southwestern Land (c) Any time other than those provided in Subparagraph (a) or (b) of this District, thence South 29 degrees 30 minutes a distance of 21.27 chains to a Paragraph when such person is engaged in activities, including travel, in point, thence North 75 degrees West 9.95 chains to a point on the North or connection with or ordered by: (i) the legislature; (ii) any legislative committee left descending bank of Big Bayou Canal, thence along the North or left bank or subcommittee appointed by the president of the Senate or the speaker of of the canal North 42 degrees 15 minutes West a distance of 2.52 chains to a the House of Representatives; (iii) any committee or commission appointed point, thence North 65 degrees 10 minutes West along the canal a distance of by the governor or other person authorized to make such appointments; or 4.43 chains to the point of beginning; said tract containing 37.39 superficial (iv) any constitutional convention or commission. acres lying partly in Section 19 and partly in Section 20, Township 4 North, * * * Range 2 West, Southwestern Land District, Rapides Parish, Louisiana. Approved by the Governor, May 19, 2016. Section 2. The secretary of the Department of Health and Hospitals and A true copy: the commissioner of administration are hereby authorized to enter into Tom Schedler such agreements, covenants, conditions, and stipulations and to execute Secretary of State 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 ACT No. 102 described in any such agreements entered into and documents executed - - - by and between the secretary of the Department of Health and Hospitals HOUSE BILL NO. 212 and the commissioner of administration and the Diocese of Alexandria, BY REPRESENTATIVE DAVIS AND SENATORS BISHOP, in exchange of consideration proportionate to the appraised value of the GATTI, AND WARD property. AN ACT Section 3. This Act shall become effective upon signature by the governor To enact R.S. 46:236.3(E)(6), relative to enforcement of support by income or, if not signed by the governor, upon expiration of the time for bills to assignment; to provide for procedures for the issuance of lump-sum become law without signature by the governor, as provided by Article III, payments; to provide definitions; and to provide for related matters. Section 18 of the Constitution of Louisiana. If vetoed by the governor and Be it enacted by the Legislature of Louisiana: subsequently approved by the legislature, this Act shall become effective on Section 1. R.S. 46:236.3(E)(6) is hereby enacted to read as follows: the day following such approval. §236.3. Enforcement of support by income assignment Approved by the Governor, May 19, 2016. * * * A true copy: E. Tom Schedler * * * Secretary of State ------

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 43 (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 104 exercising his duties shall notify the governor by certified mail of the vacancy - - - and the effective date thereof. A vacancy in the office of an elected member, HOUSE BILL NO. 246 if the unexpired portion of the term is more than one year, shall be filled for BY REPRESENTATIVE ADAMS the remainder of the term by special election to be called by the governor and AN ACT to be held to coincide with the next scheduled districtwide election to be held To amend and reenact R.S. 32:398(H), relative to time periods for reporting more than ninety days and less than one year after the effective date of the traffic fatalities; to provide for an extension of time for coroners to report vacancy. If no such election is scheduled to be held, the special election shall fatalities; and to provide for related matters. be held more than ninety days and less than one hundred twenty days after the Be it enacted by the Legislature of Louisiana: effective date of the vacancy on call of the governor. Any other vacancy in an Section 1. R.S. 32:398(H) is hereby amended and reenacted to read as appointed position on the board shall be filled for the unexpired portion of the follows: term by appointment by the governor within thirty days after the effective date §398. Accident reports; when and to whom made; information aid; fees for of the vacancy. copies; fees for accident photographs (2)(a) If a vacancy occurs in the office of an elected member of the board, * * * the governor shall be notified of the vacancy in accordance with the applicable H. Every person holding the office of coroner in this state, or, in the event provisions of the Louisiana Election Code. of a vacancy in the office, the person performing the duties of coroner, (b) If a vacancy occurs in the office of an elected member of the board and shall report to the Department of Public Safety and Corrections and to the the remaining portion of the term is more than one year, the special election Louisiana Highway Safety Commission the death of any person as a result to fill the vacancy shall be ordered and held in accordance with the applicable of an accident a collision involving a motor vehicle, and the circumstances provisions of the Louisiana Election Code. of the accident collision within five sixty days following such death. Such Section 2. R.S. 17:2 is hereby repealed in its entirety. reports shall be made on forms supplied or approved by the department as Approved by the Governor, May 19, 2016. provided for in Subsection I of this Section. Every hospital shall notify the A true copy: coroner of the parish in which it is located of any death occurring in the Tom Schedler hospital as a result of injuries sustained in a motor vehicle accident. Secretary of State * * * ------Approved by the Governor, May 19, 2016. A true copy: ACT No. 107 Tom Schedler - - - Secretary of State HOUSE BILL NO. 284 ------BY REPRESENTATIVE FOIL AN ACT ACT No. 105 To amend and reenact R.S. 12:1-1007(A) and (C) and 1-1621(D), relative - - - to the business filings of corporations; to require restated articles of HOUSE BILL NO. 252 incorporation to include the original articles of incorporation; to remove BY REPRESENTATIVE DAVIS the grace period relative to filing corrected annual reports; and to provide AN ACT for related matters. To enact R.S. 37:36(E)(1)(aa) and (3), relative to provisional licenses for ex- Be it enacted by the Legislature of Louisiana: offenders; to exempt the Louisiana Licensed Professional Counselors Board Section 1. R.S. 12:1-1007(A) and (C) and 1-1621(D) are hereby amended and of Examiners from certain provisions relative to the issuance of provisional reenacted to read as follows: licenses to ex-offenders; to require certain record keeping of certain licensing §1‑1007. Restated articles of incorporation entities; to require certain annual reports; and to provide for related matters. A. A corporation’s board of directors may restate its articles of Be it enacted by the Legislature of Louisiana: incorporation at any time, with or without shareholder approval, to Section 1. R.S. 37:36(E)(1)(aa) and (3) are hereby enacted to read as follows: consolidate the articles of incorporation and all amendments into a single §36. Exemptions; prohibitions; records; reports document. * * * * * * E.(1) This Chapter shall not apply to the following licensing entities: C. A corporation that restates its articles of incorporation shall deliver to * * * the secretary of state for filing articles of restatement setting forth the name (aa) The Louisiana Licensed Professional Counselors Board of Examiners. of the corporation and the text of the restated articles of incorporation the * * * entire text of the original articles as amended by all amendments, together (3)(a) A licensing entity exempt from the provisions of this Chapter shall keep with a certificate which states that the restated articles consolidate the record and compile a report of the number of provisional licenses denied by the articles of incorporation and all amendments into a single document and, if entity, including all reasons for such denial, when the denial is of an otherwise a new amendment is included in the restated articles, which also includes qualified applicant who has been convicted of an offense or offenses, except the statements required under R.S. 12:1‑1006. those described in Subsections A through C of this Section. * * * (b) Notwithstanding the exemption of licensing entities as provided in §1‑1621. Annual report for secretary of state this Section, any licensing entity issuing provisional licenses in accordance * * * with this Chapter shall keep record and compile a report of the number of D. If an annual report does not contain the information required by this provisional licenses issued and denied by the entity, including all reasons for Section, the secretary of state shall promptly notify the corporation in any such issuance or denial. writing and return the report to it for correction. If the report is corrected (c) The entity shall provide the report annually to the House Committee on to contain the information required by this Section and delivered to the Commerce no later than February first of each year. secretary of state within thirty days after the effective date of notice, it is * * * deemed to be timely filed. Approved by the Governor, May 19, 2016. * * * A true copy: Approved by the Governor, May 19, 2016. Tom Schedler A true copy: Secretary of State Tom Schedler ------Secretary of State ------ACT No. 106 - - - ACT No. 108 HOUSE BILL NO. 270 - - - BY REPRESENTATIVE POPE HOUSE BILL NO. 313 AN ACT BY REPRESENTATIVE GAROFALO To amend and reenact R.S. 17:1(D) and to repeal R.S. 17:2, relative to the Board (On Recommendation of the Louisiana State Law Institute) of Elementary and Secondary Education; to provide relative to vacancies in AN ACT elective positions on the board; to provide relative to special elections to fill To amend and reenact R.S. 19:2.2(B) and (C) and to enact R.S. 19:2.2(D), vacancies in elective positions on the board; to remove certain redundant relative to expropriation by certain expropriating authorities under provisions of law relative to the board; and to provide for related matters. certain circumstances; to require notice to property owners by certain Be it enacted by the Legislature of Louisiana: expropriation authorities; to require for disclosures of certain information Section 1. R.S. 17:1(D) is hereby amended and reenacted to read as follows: to property owners under certain circumstances; to provide for an effective §1. State Board of Elementary and Secondary Education; creation; date; and to provide for related matters. membership; terms of office; vacancies Be it enacted by the Legislature of Louisiana: * * * Section 1. R.S. 19:2.2(B) and (C) are hereby amended and reenacted and D.(1) Within twenty-four hours after being informed of a vacancy in an R.S. 19:2.2(D) is hereby enacted to read as follows: appointed position on the board, the president of the board or the officer §2.2. Expropriation by expropriating authorities referred to in R.S. 19:2

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 44 (House Bills) and underscored and boldfaced (Senate Bills) are additions. * * * a facsimile filing, the clerk of court shall transmit to the filing party via B. Not more than thirty days after making an offer to acquire an interest facsimile a confirmation of receipt and include a statement of the fees for in property, if no agreement has been reached with the property owner, the facsimile filing and filing of the original document. The facsimile filing each expropriating authority identified in R.S. 19.2, other than the state fee and transmission fee are incurred upon receipt of the facsimile filing by or its political corporations or subdivisions, shall provide to the property the clerk of court and payable as provided in Subsection B of this Section. owner a notice that includes all of the following: The facsimile when filed has filing shall have the same force and effect as (1) A statement that the property owner is entitled to receive just filing the original document, if the filing party complies with Subsection B compensation for the property to be acquired to the fullest extent allowed of this Section. by law. B. Within seven days, exclusive of legal holidays, after the clerk of court (2) A statement that the property may be expropriated only by an authority has received the transmission, the party filing the document shall forward authorized by law to do so. the following to receives the facsimile filing, all of the following shall be (3) A statement that the property owner is entitled to receive from the delivered to the clerk of court: expropriating authority a written appraisal or evaluation of the amount of (1) The original signed document identical to the facsimile filing in compensation due. number of pages and in content of each page including any attachments, (4) A statement identifying the website of the expropriating authority exhibits, and orders. A document not identical to the facsimile filing or which where the property owner can read the expropriation statutes upon which includes pages not included in the facsimile filing shall not be considered the expropriating authority relies or a copy of the expropriation statutes the original document. upon which the expropriating authority relies. (2) The applicable filing fee fees for the facsimile filing and filing of the (5) A statement offering to provide upon request of the property owner a original document stated on the confirmation of receipt, if any. copy of the expropriation statutes upon which the expropriating authority (3) A transmission fee of five dollars. relies. C. If the filing party fails to comply with any of the requirements of (6) A statement identifying an agency responsible for regulating the Subsection B of this Section, the facsimile filing shall have no force or effect. expropriating authority, including the name, website, and telephone number The various district courts may provide by court rule for other matters of the agency. related to filings by facsimile transmission. (7) A statement that the property owner may hire an agent or attorney to * * * negotiate with the expropriating authority and an attorney to represent the §2562.25. Facsimile transmission; filings in civil actions; fees; equipment property owner in any legal proceedings involving the expropriation. and supplies C. In addition to the requirements of Subsection A of this Section, each A. Any document in a civil action may be filed with the clerk of court expropriating authority other than the state or its political corporations or for the First and Second Parish Courts of Jefferson Parish by facsimile subdivisions shall, at least thirty days prior to the filing of a petition for transmission. The clerk of court of the parish of Jefferson as the ex officio expropriation, send a letter by certified mail, return receipt requested, to clerk of court for the First and Second Parish Courts of Jefferson Parish shall the owner at his last known address setting forth in detail or attaching the make available for his use equipment to accommodate facsimile filing in following: civil actions. Filing shall be deemed complete at the time that the facsimile (1) The basis on which the expropriating authority exercises its power. transmission is received and a receipt of transmission has been transmitted (2) The purpose, terms, and conditions of the proposed acquisition. to the sender by the clerk of court. No later than on the first business day (3) The compensation to be paid for the rights sought to be acquired. after receiving a facsimile filing, the clerk of court shall transmit to the (4) A complete copy of all appraisals of, or including, the subject property filing party via facsimile a confirmation of receipt and include a statement previously obtained by the expropriating authority. of the fees for the facsimile filing and filing of the original document. The (5) A plat of survey signed by a Louisiana licensed surveyor illustrating facsimile filing fee and transmission fee are incurred upon receipt of the the proposed location and boundary of the proposed acquisition, and any facsimile filing by the clerk of court and payable as provided in Subsection temporary servitude or work spaces. If the expropriating authority is B of this Section. The facsimile filing when filed has shall have the same unable to obtain access to the property for formal surveying, a plat that force and effect as filing the original document, if the party complies with fairly identifies the proposed boundary and servitude may be utilized. Subsection B of this Section. (6) A description and proposed location of any proposed above‑ground B. Within five seven days, exclusive of legal holidays, after the clerk of facilities to be located on the property. court has received the transmission, the party filing the document shall (7) A statement by the entity of considerations for the proposed route or forward the following to receives the facsimile filing, all of the following area to be acquired. shall be delivered to the clerk of court: C.D. Prior to exercising the rights of expropriation provided by R.S. 19:2, (1) The original signed document identical to the facsimile filing in the state or any of its departments, offices, boards, commissions, agencies, number of pages and in content of each page including any attachments, or instrumentalities, except the Department of Transportation and exhibits, and orders. A document not identical to the facsimile filing or which Development, and except political subdivisions, but specifically including includes pages not included in the facsimile filing shall not be considered levee districts and their boards, shall, upon request of the owner whose the original document. property is to be taken, provide the owner with the results of tests by the (2) The applicable filing fee fees for the facsimile filing and filing of the Louisiana Geological Survey that show whether or not sand or gravel is original document stated on the confirmation of receipt, if any. present in the property. The test shall be done at no cost to the property (3) A transmission fee of five dollars. owner. C. If the filing party fails to comply with any of the requirements of Section 2. The provisions of this Act shall become effective on January 1, Subsection B of this Section, the facsimile filing shall have no force or 2017. effect. The First and Second Parish Courts of Jefferson Parish may provide Approved by the Governor, May 19, 2016. by court rule for other matters related to filings by facsimile transmission. A true copy: * * * Tom Schedler Section 2. Code of Criminal Procedure Article 14.1(A), (B), and (C) are Secretary of State hereby amended and reenacted to read as follows: ------Art. 14.1. Filing of pleadings and documents by facsimile transmission A. A ny pleadin g or document filed in response to a traf fic or cr iminal action ACT No. 109 may be filed with the clerk of court by facsimile transmission if permitted - - - by the policy of the clerk of court. Upon receipt of the transmission, Filing HOUSE BILL NO. 331 shall be deemed complete at the time the facsimile transmission is received BY REPRESENTATIVE GREGORY MILLER by the clerk of court. No later than on the first business day after receiving AN ACT a facsimile filing, the clerk of court shall cause transmit to the filing party To amend and reenact R.S. 13:850(A), (B), and (C) and 2562.25(A), (B), and via facsimile a confirmation of receipt of transmission to be transmitted to (C) and Code of Criminal Procedure Article 14.1(A), (B), and (C), relative the sender when such and include a statement of the fees for the facsimile to the filing of certain documents in civil and criminal court; to provide filing and filing of the original document. is received in the office of the procedures and requirements for facsimile filing; to provide for the clerk of court. Such filing shall be deemed complete at the time when the effectiveness of filing; to provide for the payment of filing fees; and to facsimile transmission is received and the receipt of transmission has provide for related matters. been transmitted to the sender. When filed, the The facsimile filing fee Be it enacted by the Legislature of Louisiana: and transmission fee are incurred upon receipt of the facsimile filing by Section 1. R.S. 13:850(A), (B), and (C) and 2562.25(A), (B), and (C) are hereby the clerk of court and payable as provided in Subsection B of this Section. amended and reenacted to read as follows: The facsimile transmission filing shall have the same force and effect as §850. Facsimile transmission; filings in civil actions; fees; equipment and filing the original document, if the party complies with Paragraph B of this supplies Article from which the transmission was made. A. Any paper document in a civil action may be filed with the clerk of B. Within five seven days, exclusive of legal holidays, after the clerk of court by facsimile transmission. All clerks of court shall make available court has received the transmission and the sender has received notification for their use equipment to accommodate facsimile filing in civil actions. of such receipt, the party filing the facsimile transmitted document shall Filing shall be deemed complete at the time that the facsimile transmission forward the following receives the facsimile filing, all of the following shall is received and a receipt of transmission has been transmitted to the sender be delivered to the clerk of court: by the clerk of court. No later than on the first business day after receiving THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 45 (House Bills) and underscored and boldfaced (Senate Bills) are additions. (1) The original signed document identical to the facsimile filing in Art. 4566. Management of affairs of the interdict number of pages and in content of each page including any attachments, * * * exhibits, and orders. A document not identical to the facsimile filing or which J. A curator shall allow communication, visitation, and interaction includes pages not included in the facsimile filing shall not be considered between an interdict who is over the age of eighteen years and a relative the original document. of the interdict by blood, adoption, or affinity within the third degree, (2) The applicable filing fee fees for the facsimile filing and filing of the or another individual who has a relationship with the interdict based on original document stated on the confirmation of receipt, if any. or productive of strong affection if it would serve the best interest of the (3) A transmission fee of five dollars, if the defendant had not been interdict. declared indigent by the court. * * * C. If a the filing party who has made a filing through facsimile transmission Art. 4568. Removal of a curator or undercurator with the court fails to comply with the provisions of Paragraph B of this On motion of any interested person, or on its own motion, the court may Article any of the requirements of Paragraph B of this Article, the facsimile remove a curator or undercurator from office for good cause. Good cause file filing shall have no force or effect. may include but not be limited to a violation of Code of Civil Procedure * * * Article 4566(J). Approved by the Governor, May 19, 2016. Unless otherwise ordered by the court, removal of the curator or A true copy: undercurator by the court is effective upon qualification of the appointed Tom Schedler successor. Secretary of State * * * ------Art. 4570. Cause of action for visitation with the interdict A. Any relative of an interdict by blood, adoption, or affinity within the ACT No. 110 third degree, or an individual who has a relationship with the interdict - - - based on or productive of strong affection may file a rule to show cause HOUSE BILL NO. 350 seeking visitation, communication, or interaction with an interdict who is BY REPRESENTATIVE HILFERTY over the age of eighteen years. AN ACT B. Any person filing a cause of action pursuant to Paragraph A of this To amend and reenact Civil Code Article 2995 and Code of Civil Procedure Article may request an expedited hearing on the cause of action, and upon Article 4568 and to enact Civil Code Article 2997(7) and Code of Civil showing of good cause, shall be entitled to an expedited hearing. Procedure Articles 3601(E), 4565(B)(7), 4566(J), and 4570 and R.S. 9:3851(E), C. Good cause shall include but is not limited to a showing that the relative to persons; to provide with respect to interdicted persons; to interdict suffers from an illness or condition because of which he is not provide relative to persons subject to mandate; to provide for duties and likely to survive beyond six months. restrictions of curators, undercurators, and mandataries; to provide with Section 3. R.S. 9:3851(E) is hereby enacted to read as follows: respect to injunctions; to provide for an effective date; and to provide for §3851. Who may file; petition contents; service; venue related matters. * * * Be it enacted by the Legislature of Louisiana: E. On motion of any interested person or on its own motion, the court may Section 1. Civil Code Article 2995 is hereby amended and reenacted and review the acts of a mandatary and for good cause, grant any relief provided Civil Code Article 2997(7) is hereby enacted to read as follows: in R.S. 9:3854 or Code of Civil Procedure Article 3605. Good cause shall Art. 2995. Incidental, necessary, or professional acts include but not be limited to a violation of Civil Code Article 2995. The mandatary may perform all acts that are incidental to or necessary for Section 4. This Act shall become effective upon signature by the governor the performance of the mandate. or, if not signed by the governor, upon expiration of the time for bills to The authority granted to a mandatary to perform an act that is an ordinary become law without signature by the governor, as provided by Article III, part of his profession or calling, or an act that follows from the nature of his Section 18 of the Constitution of Louisiana. If vetoed by the governor and profession or calling, need not be specified. subsequently approved by the legislature, this Act shall become effective on A mandatary shall not prevent or limit reasonable communication, the day following such approval. visitation, or interaction between a principal who is over the age of eighteen Approved by the Governor, May 19, 2016. years and another person without prior court approval, to be granted only A true copy: upon a showing of good cause by the mandatary, unless express authority Tom Schedler has been provided pursuant to Civil Code Article 2997(7). Secretary of State * * * ------Art. 2997. Express authority required Authority also must be given expressly to: ACT No. 111 (1) Make an inter vivos donation, either outright or to a new or existing - - - trust or other custodial arrangement, and, when also expressly so provided, HOUSE BILL NO. 366 to impose such conditions on the donation, including, without limitation, BY REPRESENTATIVE ADAMS the power to revoke, that are not contrary to the other express terms of the AN ACT mandate. To amend and reenact R.S. 15:574.4.2(A)(2)(e), relative to parole supervision (2) Accept or renounce a succession. fees; to provide for a maximum fee for parole supervision; and to provide (3) Contract a loan, acknowledge or make remission of a debt, or become for related matters. a surety. Be it enacted by the Legislature of Louisiana: (4) Draw or endorse promissory notes and negotiable instruments. Section 1. R.S. 15:574.4.2(A)(2)(e) is hereby amended and reenacted to read (5) Enter into a compromise or refer a matter to arbitration. as follows: (6) Make health care decisions, such as surgery, medical expenses, nursing §574.4.2. Decisions of committee on parole; nature, order, and conditions home residency, and medication. of parole; rules of conduct; infectious disease testing (7) Prevent or limit reasonable communication, visitation, or interaction A. between the principal and a relative by blood, adoption, or affinity within * * * the third degree, or another individual who has a relationship based on or (2) The committee may also require, either at the time of his release on productive of strong affection. parole or at any time while he remains on parole, that he conform to any Section 2. Code of Civil Procedure Article 4568 is hereby amended and of the following conditions of parole which are deemed appropriate to the reenacted and Code of Civil Procedure Articles 3601(E), 4565(B)(7), 4566(J), circumstances of the particular case: and 4570 are hereby enacted to read as follows: * * * Art. 3601. Injunction, grounds for issuance; preliminary injunction; (e) Pay supervision fees set by the Department of Public Safety and temporary restraining order Corrections as provided by law to the Department of Public Safety and * * * Corrections in an amount not to exceed sixty-three dollars based upon his E. The irreparable injury, loss, or damage enumerated in Paragraph A ability to pay as determined by the committee on parole. Payments are due of this Article may result from the isolation of an individual over the age of on the first day of each month. eighteen years by any other individual, curator, or mandatary, including but * * * not limited to violations of Civil Code Article 2995 or Code of Civil Procedure Approved by the Governor, May 19, 2016. Article 4566(J). A true copy: * * * Tom Schedler Art. 4565. Undercurators Secretary of State * * * ------B. The undercurator shall: * * * (7) Move to appoint a successor for a curator who violates any of the provisions of Code of Civil Procedure Article 4566. * * *

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 46 (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 112 (10) One member shall be appointed from a list of three nominations from - - - the committee on parole. HOUSE BILL NO. 389 (11) One member shall be appointed from a list of three nominations from BY REPRESENTATIVE JONES a victim’s advocacy group. AN ACT (12) One member shall be appointed from a list of three nominations of To amend and reenact R.S. 13:2488.1(A), relative to the City Court of the town ex-offenders. of Franklin; to provide relative to the territorial jurisdiction of the court; * * * and to provide for related matters. G. Seven Twelve members shall constitute a quorum, and all actions of Be it enacted by the Legislature of Louisiana: the council shall require the affirmative vote of the majority of the members Section 1. R.S. 13:2488.1(A) is hereby amended and reenacted to read as present. follows: * * * §2488.1. City Court of Franklin; officials and employees; provisions Approved by the Governor, May 19, 2016. governing A true copy: A.(1) Effective September 1, 1968 the offices of the justice of the peace Tom Schedler and constable in Ward Three of St. Mary Parish, Louisiana, and the Mayor’s Secretary of State Court in the town of Franklin, St. Mary Parish, Louisiana, are abolished and ------there is hereby established and created a court to be styled the City Court of the town of Franklin, Louisiana, the. ACT No. 114 ( 2) (a) T he t er r it or ia l ju r i s d ic t io n of which t he cou r t s h a l l ex t end t h r ou g hout - - - the town of Franklin, Louisiana and throughout the whole of Ward Three of HOUSE BILL NO. 423 St. Mary Parish, Louisiana. BY REPRESENTATIVE BISHOP (b) In addition to the area provided in Subparagraph (a) of this Paragraph, AN ACT the territorial jurisdiction of the court shall extend throughout the portions To amend and reenact R.S. 56:637(B) and (E), relative to reptiles and of Ward Ten of St. Mary Parish that are east of the Charenton Drainage and amphibians; to provide for records required for the transfer or sale of Navigation Canal and south of Bayou Teche. In such portions of Ward Ten reptiles and amphibians; to provide for the completion and return of that are outside of the town of Franklin, the court shall have jurisdiction commercial receipt forms; and to provide for related matters. concurrent with the justice of the peace in those cases in which the justice Be it enacted by the Legislature of Louisiana: of the peace would have jurisdiction. Section 1. R.S. 56:637(B) and (E) are hereby amended and reenacted to (3) The court shall be composed of a city judge, a marshal and a clerk read as follows: of said the court. The offices of city judge and marshal shall be filled §637. Records initially by election by the qualified electors of Ward Three of St. Mary * * * Parish, Louisiana at the general election for Representatives in Congress B. Such records Records required by this Section shall be maintained for to be held in Louisiana on the first Tuesday next following the first Monday three years and shall be open to inspection by the department. in November, 1968. The city judge and marshal then elected shall serve * * * a term to commence on January 1, 1969 and they shall serve until their E. Any wholesale/retail dealer who purchases reptiles or amphibians successors are elected at the congressional election of 1972, and successor shall give one part of a three-part receipt form to the collector at the time of judges and marshals shall be elected at the congressional election every six the sale, shall retain one part, and shall submit one part shall be submitted years thereafter. The court shall be domiciled in Franklin, St. Mary Parish, to the secretary of the department complete a commercial receipt form and Louisiana. return all commercial receipt forms to the department in the same manner * * * as provided in R.S. 56:306.5(B) and 306.6. Approved by the Governor, May 19, 2016. Approved by the Governor, May 19, 2016. A true copy: A true copy: Tom Schedler Tom Schedler Secretary of State Secretary of State ------

ACT No. 113 ACT No. 115 ------HOUSE BILL NO. 403 HOUSE BILL NO. 447 BY REPRESENTATIVE SMITH BY REPRESENTATIVE GREGORY MILLER AN ACT AN ACT To amend and reenact R.S. 15:1199.4(C), (D)(introductory paragraph), (E) To amend and reenact Civil Code Article 355, relative to continuing (introductory paragraph) and (6), and (G) and to enact R.S. 15:1199.4(D) tutorships; to provide for procedures for continuing tutorships; to provide (8), (9), and (10) and (E)(7) through (12), relative to the reentry advisory relative to certain costs; and to provide for related matters. council; to provide for additional members to the council; to provide for Be it enacted by the Legislature of Louisiana: the nominating criteria for the additional members; and to provide for Section 1. Civil Code Article 355 is hereby amended and reenacted to read related matters. as follows: Be it enacted by the Legislature of Louisiana: Art. 355. Petition for continuing or permanent tutorship Section 1. R.S. 15:1199.4(C), (D)(introductory paragraph), (E)(introductory When a person above the age of fifteen possesses less than two‑thirds paragraph) and (6), and (G) are hereby amended and reenacted and R.S. of the average mental ability intellectual functioning of a normal person 15:1199.4(D)(8), (9), and (10) and (E)(7) through (12) are hereby enacted to read of the same age with average intellectual functioning, evidenced by as follows: standard testing procedures administered by competent persons or other §1199.4. Reentry Advisory Council; creation; members; powers and duties relevant evidence acceptable to the court, the parents of such person, or * * * the person entitled to custody or tutorship if one or both parents be are C. The council shall be comprised of thirteen twenty-two members. dead, incapacitated, or an absent person, or if the parents be are judicially D. Seven Ten members of the council shall be comprised as follows: separated or divorced, may, with the concurrence of the coroner of the * * * parish of the mentally deficient intellectually disabled person’s domicile, (8) The executive director for the Louisiana Housing Corporation, or his petition the court of that district to place such person under a continuing designee. tutorship which shall not automatically end at any age but shall continue (9) The chief justice of the Louisiana State Supreme Court, or his designee. until revoked by the court of domicile. The petitioner shall not bear the (10) The secretary of the Department of Public Safety and Corrections shall coroner’s costs or fees associated with securing the coroner’s concurrence. appoint one member from the Department of Public Safety and Corrections Approved by the Governor, May 19, 2016. medical staff. A true copy: E. The governor shall appoint six twelve members in accordance with the Tom Schedler following provisions: Secretary of State * * * ------(6) One member shall be appointed from a list of three members nominated by the Louisiana Chaplains’ Association or the Louisiana Interchurch ACT No. 116 Conference. - - - (7) One member shall be appointed from a list of three nominations from HOUSE BILL NO. 456 the Louisiana District Attorneys’ Association, BY REPRESENTATIVE SHADOIN (8) One member shall be appointed from a list of three nominations from AN ACT the Louisiana Public Defender Board. To amend and reenact R.S. 35:15(A)(4) and 16(B) and (C), relative to notaries (9) One member shall be appointed from a list of three nominations from public; to provide relative to the revocation of notarial commissions; the Louisiana District Judges’ Association. to provide for revocation of a notarial commission under certain

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 47 (House Bills) and underscored and boldfaced (Senate Bills) are additions. circumstances; to provide for notification to the attorney general; and to (3) The director of the Louisiana State University School of Social Work provide for related matters. or his designee. Be it enacted by the Legislature of Louisiana: (4) The executive director of the National Association of Social Workers, Section 1. R.S. 35:15(A)(4) and 16(B) and (C) are hereby amended and Louisiana Chapter, or his designee. reenacted to read as follows: (5) The president of LouisianaChildren.org or his designee. §15. Revocation or suspension of notarial commission or authority to (6) The executive director of the Louisiana Foster and Adoptive Parent exercise notarial powers Association or his designee. A. A notary public who is not an attorney may have his notarial commission (7) A person who has served as a relative caretaker for a child in foster and powers revoked or suspended when it is demonstrated, by clear and care appointed by the secretary of the Department of Children and Family convincing evidence after a rule to show cause, that the notary has engaged Services. in any of the following: B. The secretary of the Department of Children and Family Services shall * * * take such actions as are necessary to ensure that the initial convening of the (4) Certifying Officially certifying as true what he knew or should have task force occurs no later than October 1, 2016. known was false. C. The task force members shall select a chairman annually, and he shall * * * serve as chairman without salary. §16. Administrative revocation of notarial commission or authority D. Task force members shall serve without compensation, except per diem * * * or expense reimbursement to which they may be individually entitled by B. If the suspension arises from failure of the notary to be registered as their respective employer organizations. a voter in his parish of commission, the notice of suspension shall give the E. The task force shall hold at least two public meetings each year at a notary public ten days from the date of receipt to register as a voter in the place designated by the chairman. parish of his commission. If the notary public fails to do so, the secretary of §2433. Functions and duties of the task force state shall notify the attorney general or the district attorney of the parish A. The functions of the task force shall include all of the following: in which the notary is commissioned for the purpose of instituting a rule to (1) Examination of means and best practices to ensure that foster children show cause to revoke the commission pursuant to R.S. 35:15. and adoptive children are placed in homes that can become permanent C. If the suspension arises from conviction of a felony, the period of placements when reunification is not possible, thereby reducing the number suspension shall continue until the conviction is final and all appellate of children who are moved repeatedly among different homes. review of the original trial court proceedings has been exhausted. If (2) Identification of means by which to assess persons applying to be foster the conviction is reversed upon appeal, or if a pardon is issued for the parents, adoptive parents, and relative caretakers. conviction, the suspension shall terminate and the commission shall be (3) Examination of means and best practices to encourage recruitment reinstated. When the conviction is final and all appellate review of the and retention of foster parents and relative caretakers. original trial court proceedings is exhausted, and if no pardon has been (4) Examination of means to facilitate provision to foster parents and issued, the secretary of state shall notify the attorney general or the district adoptive parents of all available information about a foster child’s behavior attorney of the parish in which the notary is commissioned for the purpose before the child is placed with the foster or adoptive parents. of instituting a rule to show cause to revoke the commission pursuant to R.S. (5) Recommendation of means by which to ensure that adoption subsidies 35:15. remain sufficient to meet the needs of an adoptive child and his adoptive Approved by the Governor, May 19, 2016. parents as the child grows older. A true copy: (6) Recommendation of means by which to improve the rate of permanency Tom Schedler among young people who are fourteen years of age or older and are in the Secretary of State state foster care system or in residential placement. ------(7) Recommendations for a process to mediate conflicts between foster or adoptive parents and child placement agencies or biological parents. ACT No. 117 (8) Identification of laws and agency policies that unduly serve as barriers - - - to permanency. HOUSE BILL NO. 482 (9) Identification of barriers with respect to recruitment of a competent BY REPRESENTATIVES JEFFERSON, AMEDEE, BACALA, BAGNERIS, workforce and substitute caretaker network. BARRAS, BERTHELOT, BILLIOT, BISHOP, BOUIE, BROADWATER, (10) Examination of barriers with respect to placement resources. TERRY BROWN, CARMODY, CARPENTER, ROBBY CARTER, STEVE B. On or before December 31, 2017, and semiannually thereafter, the task CARTER, CHANEY, CONNICK, COX, CROMER, DAVIS, DEVILLIER, force shall prepare and submit to the governor and the legislature a report EDMONDS, FALCONER, GAINES, GAROFALO, GISCLAIR, JIMMY on the status and well-being of children in foster care, with a particular HARRIS, LANCE HARRIS, HAZEL, HILFERTY, HOFFMANN, HORTON, focus on any policies and practices which are facilitating or could likely HOWARD, HUNTER, JACKSON, JENKINS, MIKE JOHNSON, ROBERT facilitate a greater degree of permanency for foster children. The report JOHNSON, NANCY LANDRY, LEBAS, LOPINTO, LYONS, MAGEE, shall include any findings and recommendations derived from the functions MARCELLE, MIGUEZ, JIM MORRIS, NORTON, PEARSON, POPE, PRICE, specified in Subsection A of this Section. PYLANT, REYNOLDS, SCHEXNAYDER, SCHRODER, SEABAUGH, §2434. Termination SMITH, STOKES, WHITE, WILLMOTT, AND ZERINGUE AND SENATORS The provisions of this Chapter shall terminate on January 1, 2018, and BISHOP, BOUDREAUX, BROWN, ERDEY, LUNEAU, MILLS, AND thereafter shall be null, void, and without effect. WALSWORTH Approved by the Governor, May 19, 2016. AN ACT A true copy: To enact Chapter 35-A of Title 46 of the Louisiana Revised Statutes of 1950, to Tom Schedler be comprised of R.S. 46:2431 through 2434, relative to foster care; to create Secretary of State and provide for the Foster Care and Permanence Task Force; to provide ------for the composition, functions, and duties of the task force; to provide for termination of the task force; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. Chapter 35-A of Title 46 of the Louisiana Revised Statutes of 1950, comprised of R.S. 46:2431 through 2434, is hereby enacted to read as follows: CHAPTER 35-A. FOSTER CARE AND PERMANENCE TASK FORCE §2431. Declaration; purpose A. The legislature hereby declares that the interests of the most vulnerable children of this state are best served through policies designed to create lasting connections for children who spend time in the state’s foster care system. B. The purpose of this Chapter is to create and provide for a task force to study and make recommendations concerning best practices for achieving permanency for foster children. §2432. Task Force; creation; composition; meetings A. There is hereby created the Foster Care and Permanence Task Force, referred to hereafter as the “task force”, which shall be composed of the following members: (1) Two members representing the Department of Children and Family Services appointed by the secretary of the department, one of whom shall be a representative of the foster care program of the office of children and family services. (2) The dean of the Southern University Nelson Mandela School of Public Policy or his designee. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 48 (House Bills) and underscored and boldfaced (Senate Bills) are additions.