A. The commission shall elect annually from among the commissioners a president, a vice president, a secretary, and a treasurer whose respective duties shall be prescribed by the commission. At the option of the ACTS OF 2015 commission, the offices of secretary and treasurer may be held by the same person. The commission shall meet in regular session once each month yearly and shall also meet in special session at the call of the president of the commission or on the written request of three commissioners. The LEGISLATURE commission shall prescribe rules to govern its meetings and shall fix the place at which meetings shall be held. A majority of the commissioners, not including vacancies, shall constitute a quorum. All actions of the commission shall be approved by the affirmative vote of a majority of the Acts 1 - 88 (Except Acts 16, 26, 36, 46, 56, 66 & 76) commissioners present and voting. However, no action of the commission shall be authorized on the following matters unless approved by a majority ACT No. 1 of the total commissioners: - - - * * * HOUSE BILL NO. 665 Approved by the Governor, May 22, 2015. BY REPRESENTATIVE KLECKLEY AND A true copy: SENATORS JOHNS AND JOHN SMITH Tom Schedler AN ACT Secretary of State To amend and reenact R.S. 47:301(14)(g)(i)(bb), relative to sales and use tax; ------to provide for the local sales and use tax exclusion on repairs to tangible property; to exclude repairs made to certain aircraft from sales of services ACT No. 3 by certain taxing authorities; to provide for an effective date; and to - - - provide for related matters. HOUSE BILL NO. 173 Notice of intention to introduce this Act has been published as provided by BY REPRESENTATIVE TERRY LANDRY AND Article III, Section 13 of the Constitution of Louisiana. SENATORS ALLAIN, LONG, RISER, AND THOMPSON Be it enacted by the Legislature of Louisiana: AN ACT Section 1. R.S. 47:301(14)(g)(i)(bb) is hereby amended and reenacted to To amend and reenact R.S. 3:1746(C), relative to sweet potato tax read as follows: disbursements; to provide for an increase in sweet potato tax §301. Definitions disbursements; to provide for the modification of the percentages of As used in this Chapter the following words, terms, and phrases have disbursements allocated to the Louisiana Sweet Potato Association and the meaning ascribed to them in this Section, unless the context clearly the Louisiana Agricultural Experiment Station; and to provide for related indicates a different meaning: matters. * * * Be it enacted by the Legislature of Louisiana: (14) “Sales of services” means and includes the following: Section 1. R.S. 3:1746(C) is hereby amended and reenacted to read as * * * follows: (g)(i)(aa) §1746. Collection, deposit, and disbursement of sweet potato tax money * * * * * * (bb)(I) For purposes of the sales and use tax levied by the state and by tax C. The proceeds of one cent two cents of the four‑cent per bushel tax authorities in East Feliciana Parish, charges for the furnishing of repairs collected each year shall be disbursed by the commissioner when authorized to tangible personal property shall be excluded from sales of services, as by a majority of the commission as follows: defined in this Subparagraph, when the repaired property is (1) delivered (1) One‑fourth One-eighth of the above amount to finance activities and to a common carrier or to the United States Post Office for transportation services initiated by the Louisiana Sweet Potato Association as approved by outside the state, or (2) delivered outside the state by use of the repair a majority of the members of the commission. dealer’s own vehicle or by use of an independent trucker. However, as to (2) Three‑fourths Seven-eighths of the above amount to the Louisiana aircraft, delivery may be by the best available means. This exclusion shall Agricultural Experiment Station to finance sweet potato research work as not apply to sales and use taxes levied by any other parish, municipality or approved by a majority of the members of the commission. school board. However, any other parish, municipality or school board may Approved by the Governor, May 22, 2015. apply the exclusion as defined in this Subparagraph to sales or use taxes A true copy: levied by any such parish, municipality, or school board. Offshore areas Tom Schedler shall not be considered another state for the purpose of this Subparagraph. Secretary of State (II) For purposes of the sales and use tax levied by the tax authorities in ------Calcasieu Parish, charges for the furnishing of repairs to aircraft shall be excluded from sales of services, as defined in this Subparagraph, provided ACT No. 4 that the repairs are performed at an airport with a runway that is at least - - - ten thousand feet long, one hundred sixty feet wide, and fourteen inches HOUSE BILL NO. 227 thick. BY REPRESENTATIVE JIM MORRIS AND SENATOR PEACOCK * * * AN ACT Section 2. This Act shall become effective upon signature by the governor To designate the section of Interstate Highway 49 from the overpass at the or, if not signed by the governor, upon expiration of the time for bills to interchange with U.S. Highway 71, in Caddo Parish, to the Arkansas state become law without signature by the governor, as provided by Article III, line in memory of Greg Wall, Professional Engineer. 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. The section of Interstate Highway 49 from the overpass at the the day following such approval. interchange with U.S. Highway 71, mile marker 234.1, to the Arkansas state Approved by the Governor, May 22, 2015. line, mile marker 246.6, shall be hereafter known and designated as the A true copy: “Greg Wall, P.E. Memorial Highway”. Tom Schedler Section 2. The Department of Transportation and Development or its Secretary of State contractors are hereby directed to erect and maintain appropriate signage ------reflecting this designation. Approved by the Governor, May 22, 2015. ACT No. 2 A true copy: - - - Tom Schedler HOUSE BILL NO. 93 Secretary of State BY REPRESENTATIVE HAVARD ------AN ACT To amend and reenact R.S. 34:3283(A)(introductory paragraph), relative to ACT No. 5 the West Feliciana Parish Port Commission; to provide for the frequency of - - - commission meetings; and to provide for related matters. HOUSE BILL NO. 243 Notice of intention to introduce this Act has been published as provided by BY REPRESENTATIVE CHANEY AND Article III, Section 13 of the Constitution of Louisiana. SENATORS ALLAIN, GALLOT, LONG, AND THOMPSON Be it enacted by the Legislature of Louisiana: AN ACT Section 1. R.S. 34:3283(A)(introductory paragraph) is hereby amended and To amend and reenact R.S. 3:266(23), relative to certain powers of the reenacted to read as follows: Louisiana Agriculture Finance Authority; to clarify the type of programs §3283. Officers; meetings; quorum; report that the authority can use to promote the purchase of Louisiana agricultural products; 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 1 (House Bills) and underscored and boldfaced (Senate Bills) are additions. Be it enacted by the Legislature of Louisiana: become law without signature by the governor, as provided by Article III, Section 1. R.S. 3:266(23) is hereby amended and reenacted to read as Section 18 of the Constitution of Louisiana. If vetoed by the governor and follows: subsequently approved by the legislature, this Act shall become effective on §266. Powers of authority the day following such approval. * * * Approved by the Governor, May 22, 2015. (23) Establish, administer, and supervise an incentive program programs A true copy: to promote the purchase of Louisiana agricultural products. Tom Schedler Approved by the Governor, May 22, 2015. Secretary of State A true copy: ------Tom Schedler Secretary of State ACT No. 8 ------HOUSE BILL NO. 674 ACT No. 6 BY REPRESENTATIVES WHITNEY AND HARRISON - - - AN ACT HOUSE BILL NO. 417 To rename a portion of Louisiana Highway 24 in Gray, Louisiana, as the BY REPRESENTATIVES BERTHELOT, ADAMS, ANDERS, ARNOLD, “Northpark Bridge”; and to provide for related matters. BARRAS, BARROW, BOUIE, BROWN, HENRY BURNS, BURRELL, Be it enacted by the Legislature of Louisiana: CARMODY, CARTER, CHANEY, CONNICK, COX, FOIL, FRANKLIN, Section 1. The bridge on Louisiana Highway 24 over Bayou Terrebonne GAROFALO, GISCLAIR, HALL, HARRISON, HAVARD, HOFFMANN, in Gray, Louisiana, commonly referred to as the “John Bridge”, is hereby HOWARD, HUNTER, MIKE JOHNSON, ROBERT JOHNSON, KLECKLEY, renamed and designated as the “Northpark Bridge”. NANCY LANDRY, LEBAS, LEGER, LEOPOLD, LOPINTO, LORUSSO, Section 2. The Department of Transportation and Development or its MONTOUCET, ORTEGO, OURSO, PUGH, PYLANT, REYNOLDS, RICHARD, contractors are hereby directed to erect and maintain appropriate signage SCHEXNAYDER, AND SMITH reflecting this designation. AN ACT Approved by the Governor, May 22, 2015. To enact R.S. 47:463.183, relative to motor vehicle special prestige license A true copy: plates; to provide for the “Challenge ALS” special prestige license plate; Tom Schedler to provide for creation, issuance, and design of such license plates; to Secretary of State provide relative to the fee and distribution of fees for such plates; to ------authorize the promulgation of rules and regulations relative to the creation and implementation of a special prestige license plate; and to provide for ACT No. 9 related matters. - - - Be it enacted by the Legislature of Louisiana: SENATE BILL NO. 4 Section 1. R.S. 47:463.183 is hereby enacted to read as follows: BY SENATOR ALARIO AND §463.183. Special prestige license plates; “ALS” REPRESENTATIVES BILLIOT AND GISCLAIR A. The secretary of the Department of Public Safety and Corrections shall Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of establish a special prestige motor vehicle license plate to be known as the Louisiana. “Challenge ALS” plate. These license plates shall be restricted to use on AN ACT passenger cars, pickup trucks, recreational vehicles, and vans. To name the new bridge across Caminada Pass to Grand Isle on LA 1 in B. The color and design of the license plate shall be selected by the ALS Jefferson Parish as the “Andy P. Valence Memorial Bridge”; and to provide Association Lousiana-Mississippi Chapter, provided it is in compliance with for related matters. R.S. 47:463(A)(3). The design shall include the words “Challenge ALS”. Be it enacted by the Legislature of Louisiana: C. The special prestige license plate shall be issued, upon application, Section 1. The new bridge across Caminada Pass to Grand Isle on LA 1 to any citizen of Louisiana in the same manner as any other motor vehicle in Jefferson Parish shall hereby be named the “Andy P. Valence Memorial license plate. Bridge”. D. The department shall collect an annual royalty fee of thirty dollars that Section 2. The Department of Transportation and Development is hereby shall be disbursed in accordance with Subsection E of this Section. This fee directed to erect and maintain appropriate signage of this designation. shall be in addition to the standard motor vehicle license tax imposed by Approved by the Governor, May 22, 2015. Article VII, Section 5 of the Constitution of Louisiana, and a handling fee of A true copy: three dollars and fifty cents for each plate to be retained by the department Tom Schedler to offset a portion of administrative costs. Secretary of State E. The annual royalty fee collected by the department shall be forwarded ------to the ALS Association Louisiana-Mississippi Chapter or its successor organization. The monies received from the royalty fees shall be used solely ACT No. 10 for amyotrophic lateral sclerosis research. - - - F. The secretary shall promulgate rules and regulations as are necessary SENATE BILL NO. 6 to implement the provisions of this Section. BY SENATOR PERRY AND REPRESENTATIVES ADAMS, ARMES, Approved by the Governor, May 22, 2015. BROWN, COX, CROMER, FOIL, FRANKLIN, GISCLAIR, GUILLORY, A true copy: GUINN, HENSGENS, HONORE, JAMES, NANCY LANDRY, TERRY Tom Schedler LANDRY, MIGUEZ, JAY MORRIS, JIM MORRIS, NORTON, ORTEGO, Secretary of State PEARSON, REYNOLDS, ST. GERMAIN AND THIERRY ------Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. ACT No. 7 AN ACT - - - To name U.S. Highway 167 between the southern corporate limits of HOUSE BILL NO. 491 the Village of Maurice and the northern corporate limits of the city of BY REPRESENTATIVE WILLMOTT Abbeville in Vermilion Parish the “Deputy Allen Bares, Jr. Memorial AN ACT Parkway”; and to provide for related matters. To amend and reenact R.S. 37:761(A)(l), relative to qualifications of applicants Be it enacted by the Legislature of Louisiana: for a dental license; to allow persons with valid and current legal authority Section 1. Notwithstanding any prior designation to the contrary, U.S. to reside and work in the United States to apply for a dental license; and to Highway 167 between the southern corporate limits of the village of Maurice provide for related matters. and the northern corporate limits of the city of Abbeville in Vermilion Parish Be it enacted by the Legislature of Louisiana: shall hereby be named the “Deputy Allen Bares, Jr. Memorial Parkway”. Section 1. R.S. 37:761(A)(l) is hereby amended and reenacted to read as Section 2. The Department of Transportation and Development is hereby follows: directed to erect and maintain appropriate signage of this designation. §761. Requirements of applicants for dental license Approved by the Governor May 22, 2015. A. The board shall require that every applicant for a dental license shall: A true copy: (1) Be a citizen or a permanent resident of the United States unless Tom Schedler otherwise prohibited by the North American Free Trade Agreement possess Secretary of State valid and current legal authority to reside and work in the United States ------duly issued by the United States Citizenship and Immigration Services or its successor. * * * 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 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. 11 (a) A municipality that contains a site selected by a site selection organization - - - for a qualified event and is a party to an event support contract. SENATE BILL NO. 7 (b) A municipality that does not contain a site selected by a site selection BY SENATOR GUILLORY AND organization for a qualified event, but is included in the market area for the REPRESENTATIVES LEBAS, THIBAUT AND THIERRY event as designated by the secretary and is a party to an event support contract. Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of (2) “Endorsing parish” means either of the following: Louisiana. (a) A parish that contains a site selected by a site selection organization for a AN ACT qualified event and is a party to an event support contract. To designate certain highways and bridges in the state highway system; (b) A parish that does not contain a site selected by a site selection to designate the intersection of Louisiana Highway 182 and Louisiana organization for a qualified event, but is included in the market area for the Highway 358 in Opelousas as the “St. Landry Parish Memorial Intersection”; event as designated by the secretary and is a party to an event support contract. to designate the US 190 bridge in Krotz Springs as the “Frank and Sal (3) “Event support contract” or “event contract” means a joint undertaking, Diesi Bridge”; and to provide for related matters. joint agreement, or a similar contract executed by a local organizing committee, Be it enacted by the Legislature of Louisiana: an endorsing municipality, or an endorsing parish and a site selection Section 1. The intersection of Louisiana Highway 182 and Louisiana organization. Highway 358 in Opelousas is hereby designated as the “St. Landry Parish (4) “Local organizing committee” means an organization created as the Memorial Intersection”. official host entity sanctioned by an endorsing municipality or parish for a Section 2. The US 190 bridge crossing the Atchafalaya River near Krotz specified major event. Springs is hereby designated as the “Frank and Sal Diesi Bridge”. (5) “Qualified event” or “qualified major event” means a National Football Section 3. That portion of Louisiana Highway 182 from the intersection of League Super Bowl, a National Collegiate Athletic Association Final Four Louisiana Highway 182 and Harry Guilbeau Road in Opelousas, Louisiana, tournament game, the National Basketball Association All-Star Game, the X to the intersection of Louisiana Highway 182 and Louisiana Highway 358 is Games, a National Collegiate Athletic Association Division I Football Bowl hereby designated as the “St. Landry Parish Veterans Memorial Highway”. Subdivision postseason playoff or championship game, the World Games, Section 4. The Department of Transportation and Development is hereby a national collegiate championship of an amateur sport sanctioned by the directed to erect and maintain appropriate signs of these designations, national governing body of the sport that is recognized by the United States limited to two signs at each location. Olympic Committee, an Olympic activity including a Junior or Senior activity, Approved by the Governor, May 22, 2015. training program, or feeder program sanctioned by the United States Olympic A true copy: Committee’s Community Olympic Development Program, a mixed martial Tom Schedler arts championship, the Breeders’ Cup World Championships, a Bassmasters Secretary of State Classic, a National Motorsports race, the Red Bull Signature Series, a National ------Collegiate Athletic Association football kickoff game, a national championship or Olympic trials of an amateur or professional sport sanctioned by the national ACT No. 12 governing body of the sport, the United States Bowling Congress Tournament, - - - a national military event, or a national political convention of the Republican SENATE BILL NO. 218 National Committee or of the Democratic National Committee. The term BY SENATORS MURRAY AND ALARIO AND REPRESENTATIVES includes any activities related to or associated with a qualified event. ABRAMSON, ADAMS, ARNOLD, BARROW, BILLIOT, WESLEY BISHOP, (6) “Secretary” means the secretary of the Department of Economic BOUIE, CONNICK, COX, HALL, HUNTER, JAMES, JEFFERSON, LEGER, Development. LEOPOLD, LOPINTO, LORUSSO, MORENO, NORTON, SCHRODER, ST. (7) “Site selection organization” means any of the following: GERMAIN, STOKES AND TALBOT (a) The National Football League, the National Collegiate Athletic AN ACT Association, the National Basketball Association, the International World To amend and reenact R.S. 51:2365(D)(1) and (3) and (F)(2), and to enact R.S. Games Association, or the United States Olympic Committee. 51:2365(F)(1)(d) and 2365.1, relative to dedication of funds; to dedicate (b) The national governing body of a sport that is recognized by the United money to fund incentives for attracting specified major events; to establish States Olympic Committee. the Major Events Incentive Program Subfund as a subfund of the Louisiana (c) The National Thoroughbred Racing Association. Mega-Project Development Fund, a special fund in the state treasury; (d) The Republican National Committee or Democratic National Committee. to provide for the deposit of monies into and use of such monies in the (e) The United States Bowling Congress. subfund; to provide for the appropriation of monies from the subfund; to (f ) The nationa l gover ning bo dy of a n orga niz ation, not list ed in Subpa rag raphs establish a program for such incentives; to provide for qualifications for (a) through (e) of this Paragraph, that schedules a qualifying event as defined in payments from the dedicated funds; to provide for an effective date; and to Subparagraph (5) of this Paragraph. provide for related matters. B.(1) There is hereby established in the state treasury a special subfund in the Be it enacted by the Legislature of Louisiana: Mega-Project Development Fund to be known as the “Major Events Incentive Section 1. R.S. 51:2365(D)(1) and (3) and (F)(2) are hereby amended and Program Subfund”, hereafter in this Section, the “subfund”. reenacted and R.S. 51:2365(F)(1)(d) and 2365.1 are hereby enacted to read as (2) Beginning with the 2015-2016 Fiscal Year and for each fiscal year follows: thereafter, and after allocation of money to the Bond Security and Redemption §2365. Louisiana Mega-Project Development Fund Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, * * * the treasurer shall transfer in and credit to the subfund an amount equal to D.(1) Monies in the fund shall be available for appropriation for general the sum of the incremental increase in state tax receipts generated by the purposes and for use by the Department of Economic Development, occurrence of all qualified events. hereinafter referred to as the “department”. Such appropriations shall be (3) Monies in the subfund shall be invested in the same manner as monies used by the secretary of the department for immediate funding of all or a in the Louisiana Mega-Project Development Fund and any interest earned on portion of economic development mega-projects which may be necessary in the investment of monies in the subfund shall be credited to the subfund. All order to successfully secure the creation or retention of jobs by a business unexpended and unencumbered monies in the subfund at the end of the fiscal entity or a qualified major event under such circumstances as established by year shall remain in the subfund. this Part. (4) Subject to legislative appropriation and the approval of the Joint Legislative * * * Committee on the Budget, the treasurer shall disburse monies as provided in (3) The department shall make available upon request the economic R.S. 51:2365 to each eligible entity at times and in amounts as determined by impact analysis on an economic development project which receives monies the secretary and approved by the Joint Legislative Committee on the Budget. from the fund. This Subparagraph shall not apply to a mega-project which is a C.(1) Subject to legislative appropriation and the approval of the Joint qualified major event as defined in R.S. 51:2365.1. Legislative Committee on the Budget, the secretary of the Department of * * * Economic Development is hereby authorized to enter into a contract with a F.(1) For purposes of this Section, “mega-project” means: local organizing committee, endorsing parish, or endorsing municipality to * * * recruit, solicit, or acquire for Louisiana any qualified event that will have a (d) A qualified major event as defined in R.S. 51:2365.1(A)(5) which meets all of significant positive impact on economic development in the state. The contract the requirements for eligibility as set forth in R.S. 51:2365.1(D). shall provide for a financial commitment to the local organizing committee, (2) Except for a mega-project as provided in Subparagraph Subparagraphs endorsing parish, or endorsing municipality which shall be subject to (1)(b) and (d) of this Subsection, the investment by the state in any mega- legislative appropriation. project shall not exceed thirty percent of the total cost of the project as (2) The amount of the incremental increase in certain state tax receipts described by the cooperative endeavor agreement. generated within the designated area by the occurrence of the qualified event * * * during a specified period shall be determined by the secretary. The secretary §2365.1. Major Events Incentive Program and the Major Events Incentive shall notify the Joint Legislative Committee on the Budget and the treasurer of Program Subfund his determination and, upon the direction of the Joint Legislative Committee on A. Definitions the Budget, the treasurer shall transfer the amount of the incremental increase As used in this Section: to the subfund. Such state tax receipts shall be limited to excise tax and sales (1) “Endorsing municipality” means either of the following: 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. and use taxes, excluding state hotel and motel occupancy taxes. The amount of sheriff or magistrate of the mayor’s court and placed in a special account the incremental increase shall not include local tax receipts. to be used exclusively for the funding of the juvenile detention facility of D. An event not included in the definition of qualified event is ineligible for the Feliciana Juvenile Justice District, as provided in R.S. 15:1107.4(A). funding under R.S. 51:2365. A qualified event may receive funding under R.S. submitted to the district attorney’s office for the Twentieth Judicial District, 51:2365 only if all of the following conditions are met: who shall distribute the funds to each drug and alcohol awareness program (1) After considering through a highly competitive selection process one or in the parishes of East Feliciana and West Feliciana, whereby each program more sites that are not located in this state, a site selection organization selects shall receive two dollars from each special court cost collected. The district a site located in this state for an event to be held once, or for an event scheduled attorney shall retain one dollar of the special court cost to defray the costs to be held annually for a period of years under an event contract. of administrative fees and any other expenses associated with the collection (2) A site selection organization selects a site in this state as the sole site for and distribution of the funds. the event. Section 2. On July 31, 2015, all monies remaining in the special account (3) The event is held not more frequently than annually. created by Act No. 321 of the 2007 Regular Session shall be retained for Section 2. This Act shall become effective on July 1, 2015. the Feliciana Juvenile Justice District to be used in accordance with the Approved by the Governor, May 26, 2015. provisions of R.S. 15:1107 et seq. A true copy: Approved by the Governor, May 26, 2015. Tom Schedler A true copy: Secretary of State Tom Schedler ------Secretary of State ------ACT No. 13 - - - ACT No. 15 HOUSE BILL NO. 75 - - - BY REPRESENTATIVE SEABAUGH HOUSE BILL NO. 215 AN ACT BY REPRESENTATIVE LEBAS To amend and reenact R.S. 13:962(I), relative to court reporters; to authorize AN ACT an increase in certain court costs collected by the clerk of court for the First To amend and reenact R.S. 22:2195, relative to the authority of the Judicial District Court; to provide for the removal of certain exceptions commissioner of insurance; to provide relative to a notice of wrongful relative to the costs collected in certain proceedings; to provide for an conduct; to provide for the contents of the notice, including informing the effective date; and to provide for related matters. person of the opportunity to show cause as to why regulatory action should Be it enacted by the Legislature of Louisiana: not be taken; and to provide for related matters. Section 1. R.S. 13:962(I) is hereby amended and reenacted to read as Be it enacted by the Legislature of Louisiana: follows: Section 1. R.S. 22:2195 is hereby amended and reenacted to read as follows: §962. Court reporters for the first judicial district First Judicial District §2195. Show Notice of wrongful conduct; opportunity to show cause notice * * * If any person is entitled to a hearing by pursuant to any provision of this I. The clerk of court of the First Judicial District Court shall collect from Code, before any proposed action is taken, the notice of the proposed action any person filing any type of civil suit or proceeding, intervention, third party may be in the form of a notice to show cause stating that the proposed action demand, or reconventional demand the following amounts, which shall be may be taken, unless such person shows cause at a hearing to be held as maintained by him in a separate account designated as the court reporters’ specified in the notice why the proposed action should not be taken, and fund. The clerk of court shall collect in all suits or proceedings a sum to stating the basis of the proposed action. the commissioner shall issue a be set by a majority of the judges not to exceed fifty seventy-five dollars, notice of wrongful conduct prior to the taking of any regulatory action. The with the exception of succession proceedings and foreclosure proceedings notice shall contain allegations of fact describing the wrongful conduct and by executory process, in which event the amount to be collected shall not cite the provisions of law that the commissioner deems to have been violated. exceed thirty-five dollars; and with the further exception of tutorships, The notice shall also inform the person of the opportunity to show cause, in emancipations, mandamus suits to cancel mortgages, and money claims of a manner specified in the notice, as to why regulatory action should not be less than one thousand dollars, in which event the amount to be collected taken. shall not exceed thirty-five fifty dollars,; said deposits to be taxed as costs. Section 2. This Act shall become effective upon signature by the governor Nothing in this Subsection shall be construed to affect the rights of any or, if not signed by the governor, upon expiration of the time for bills to litigant proceeding under Article 5181 et seq. of the Louisiana Code of Civil become law without signature by the governor, as provided by Article III, Procedure Article 5181 et seq. 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. This Act shall become effective upon signature by the governor the day following such approval. or, if not signed by the governor, upon expiration of the time for bills to Approved by the Governor, May 26, 2015. become law without signature by the governor, as provided by Article III, A true copy: Section 18 of the Constitution of Louisiana. If vetoed by the governor and Tom Schedler subsequently approved by the legislature, this Act shall become effective on Secretary of State the day following such approval. ------Approved by the Governor, May 26, 2015. A true copy: Tom Schedler ACT No. 16 Secretary of State ------HOUSE BILL NO. 1 General Appropriations ACT No. 14 will publish in a later edition. - - - HOUSE BILL NO. 106 BY REPRESENTATIVE HAVARD AN ACT ACT No. 17 To amend and reenact R.S. 15:1107.6, relative to the use of court costs in - - - the Twentieth Judicial District; to rededicate certain court costs from the HOUSE BILL NO. 470 Feliciana Juvenile Justice District to the district attorney’s office for the BY REPRESENTATIVE MIGUEZ Twentieth Judicial District; to provide for the collection, allocation, and AN ACT use of such funds; and to provide for related matters. To amend and reenact R.S. 13:996.37(A), relative to additional court costs Be it enacted by the Legislature of Louisiana: or fees; to provide for an increase in court costs or fees for the judicial Section 1. R.S. 15:1107.6 is hereby amended and reenacted to read as expense fund of the Sixteenth Judicial District Court; and to provide for follows: related matters. §1107.6. Court costs; criminal and traffic cases; district and mayor’s courts; Be it enacted by the Legislature of Louisiana: Feliciana Juvenile Justice District; juvenile detention facility Twentieth Section 1. R.S. 13:996.37(A) is hereby amended and reenacted to read as Judicial District; funding for drug and alcohol awareness programs follows: In the parishes within the jurisdiction of the district, in addition to any §996.37. Judicial expense fund for Sixteenth Judicial District fines or costs imposed by law, in all felony and misdemeanor prosecutions, A. In addition to all other fees or costs now or hereafter provided by law, including traffic offenses, under state law or parish or local ordinance, in each clerk of court in the Sixteenth Judicial District shall collect from every any district or mayor’s court, as may be applicable, special court costs in person filing any type of civil suit or proceeding and who is not otherwise the amount of five dollars shall be assessed against every defendant who exempted by law from the payment of court costs a sum to be determined by is convicted after trial or who enters a plea of guilty or nolo contendere the judges of said the district, sitting en banc, which sum shall not exceed or who forfeits bond. The monies from such costs shall be collected by the fifteen thirty-five dollars, subject, however, to the provisions of Louisiana THE ADVOCATE * 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. Code of Civil Procedure, Article 5181, et seq. In all criminal cases over of this Part, the governor may, in his discretion, appoint the applicant or which the Sixteenth Judicial District Court has jurisdiction, there shall be applicants to existing vacancies. taxed as costs against every defendant who is convicted after trial or after §1046. Oath of office and bond he pleads guilty or who forfeits his bond a sum likewise determined, but The pilots shall take an oath of office and furnish bond in favor of the which shall not exceed five twenty-five dollars, which shall be in addition governor conditioned upon the faithful performance of the duties imposed to all other fines, costs, or forfeitures lawfully imposed, and which shall be by this Part, to the extent of one thousand dollars, approved by the Board of transmitted to the said clerk for further disposition in accordance herewith. Commissioners of the Port of New Orleans board of examiners. * * * * * * Approved by the Governor, May 26, 2015. §1048. Pilotage fees; exceptions A true copy: A. The pilots shall be entitled to ask and receive a pilotage fee per foot Tom Schedler of water drawn by the vessels piloted by them up or down the Mississippi Secretary of State river as follows: to‑wit: The pilots shall be entitled to ask for and receive ------a pilotage fee. The pilots’ fees shall be established by the Pilotage Fee Commission as described in R.S. 34:1121 et seq. ACT No. 18 Between the port of New Orleans and all intermediate ports to and - - - including the port of Baton Rouge, per draft foot $ 6.75 HOUSE BILL NO. 572 Shifting: docks to anchor, or anchor to docks $ 50.00 BY REPRESENTATIVE ARNOLD Dead ships to be charged double shifting fee. AN ACT Docking or undocking ships head down, additional $ 25.00 To amend and reenact the heading of Part II of Chapter 6 of Title 34 of the Compass adjusting $ 43.75 Louisiana Revised Statutes of 1950, R.S. 34:1041, 1042(A), 1044 through Trial trip, in and out, not to exceed 8 hours Regular draft rate 1046, and 1048, relative to steamship pilots; to provide for appointments Additional charge per hour or fraction thereof for more than 8 hours $ relative to new examiners and commissioned steamship pilots; to provide 10.00 for qualifications relative to steamship pilots; to provide for pilotage fees; Ships enroute, taking 11 hours or more, but less than 12 hours to repeal obsolete statutory provisions; and to provide for related matters. Regular draft rate plus flat $50.00 Be it enacted by the Legislature of Louisiana: Ships enroute, taking 12 hours or more Two pilotages Section 1. The heading of Part II of Chapter 6 of Title 34 of the Louisiana Second pilotage at regular draft rate not to exceed $150.00 maximum Revised Statutes of 1950, R.S. 34:1041, 1042(A), 1044 through 1046, and 1048 Transportation costs to or from vessel at outlying points as per tariff and are hereby amended and reenacted to read as follows: boat ser vice to or from vessel at anchor or underway shall be borne by vessel. PART II. NEW ORLEANS AND BATON ROUGE Vessels subject to pilotage fees shall be any vessel moving from a point PORT STEAMSHIP PILOTS between Baton Rouge and New Orleans. §1041. Definitions Discharge As used in this Part, the following terms shall have the meaning ascribed Within port limits of New Orleans and Baton Rouge $ 10.00 to them in this Section, unless the context clearly indicates otherwise: Outside port limits of New Orleans and Baton Rouge $ 25.00 (1) “Board of commissioners” means the Board of New Orleans and Baton Detention per hour $ 10.00 Rouge Steamship Pilot Commissioners for the Mississippi River, established Minimum draft 15 feet in R.S. 34:1049. B. These Pilots’ charges shall be paid by every vessel subject to pilotage (2)(1) “Board of examiners” means the Board of Examiners for New Orleans navigating between the ports of New Orleans and Baton Rouge and and Baton Rouge steamship pilots for the Mississippi River, established in intermediate ports; provided that should any vessel have a draft of less than R.S. 34:1042. fifteen feet, the pilotage charge shall be computed on a fifteen foot draft. (3)(2) “Pilot” means a New Orleans and Baton Rouge Steamship Pilot, as When pilot services are timely offered and refused, the vessel shall pay the designated in R.S. 34:1043. charges nevertheless. §1042. Board of steamship pilot examiners; members; appointment; oath of The pilotage fee shall bear as a lien upon the vessel, which lien shall office; powers and duties prescribe within one year, should the vessel return to the port of New A. The governor shall appoint, by and with the advice and consent of the Orleans within that time. Senate, three citizens who shall form the Board of Examiners for New Orleans C. Vessels of one hundred tons or under, lawfully engaged in the coastwide and Baton Rouge Steamship Pilots for the Mississippi River from the port trade of the United States, shall not be required to take a pilot; but the of New Orleans to and including the port of Baton Rouge and intermediate master of such the vessel may demand pilot services. ports. The examiners so appointed shall serve for a term of two years and Section 2. This Act shall become effective upon signature by the governor their successors shall be appointed by the governor, and shall serve for or, if not signed by the governor, upon expiration of the time for bills to terms of two years. When an examiner vacancy occurs on the board, the become law without signature by the governor, as provided by Article III, board shall make a recommendation to the governor to fill the vacancy. The Section 18 of the Constitution of Louisiana. If vetoed by the governor and board shall recommend only those pilots who have served at least five years subsequently approved by the legislature, this Act shall become effective on as an unrestricted Louisiana state commissioned New Orleans and Baton the day following such approval. Rouge Steamship Pilot. The examiners shall continue in office until their Approved by the Governor, May 26, 2015. successors are appointed and qualified. The examiners shall be appointed A true copy: from those pilots who have, for at least one year immediately preceding, Tom Schedler exercised the functions of river pilots from the port of New Orleans to and Secretary of State including the port of Baton Rouge and intermediate ports upon sea‑going ------vessels; and thereafter the appointments Appointments shall be exclusively made from the pilots commissioned by virtue of this Part. The governor, in ACT No. 19 appointing the examiners, shall designate the president of the board. The - - - examiners shall be removable by the governor for cause, and shall qualify HOUSE BILL NO. 641 by taking an oath of office. BY REPRESENTATIVE GUILLORY * * * AN ACT §1044. Appointment of pilots; minimum number To amend and reenact R.S. 27:30.6(D), (G), (I)(4), (J), and (L), relative to the The first nine pilots provided for in R.S. 34:1043 shall be appointed by the central computer system for monitoring of electronic gaming devices; governor from those pilots who have been actively and continuously engaged to remove the requirement that the central computer be located within for one year previous in piloting sea‑going vessels from the port of New the Department of Public Safety and Corrections, office of state police, Orleans to the port of Baton Rouge and intermediate ports and return, and gaming division; to provide for technical corrections; to provide relative to thereafter there shall not be less than nine such pilots. Pilots provided for legislative approval of fees to defray the costs of administering the central in R.S. 34:1043 shall be appointed by the governor from those pilots who have computer system; and to provide for related matters. been recommended to the governor pursuant to the provisions outlined in Be it enacted by the Legislature of Louisiana: the board of examiners’ rules and regulations. Section 1. R.S. 27:30.6(D), (G), (I)(4), (J), and (L) are hereby amended and §1045. Examination of pilots; qualifications reenacted to read as follows: Whenever there exists a necessity for more pilots the board of examiners §30.6. Electronic gaming devices; central computer system shall hold examinations, under such rules and regulations, and with such * * * requirements as it may provide, with the governor’s approval. No applicant D. The central computer system authorized by the provisions of this shall be considered by said the board unless he submits proper evidence of Section shall be designed and operated to allow the monitoring and reading moral character, and i s a vo t e r o f t h i s s t a t e , has a first class pilot license issued of electronic gaming devices on licensed riverboats and at live racing by the United States Coast Guard and served six months’ apprenticeship in facilities for the purposes of maintaining the security and integrity of the his proposed calling and complies with all requirements set forth in the devices and the integrity of the information reported to the system, so that board’s Pilot Development Program as provided for in Subpart 3 of Part 70 of the fiscal responsibility of the licensees with regard to their obligations to Title 46, comprised of LAC 46:LXX:6101 et seq. Upon the certification of the the state will be ensured. The central computer system authorized by the board to the governor that the applicant has complied with the provisions provisions of this Section shall be located within and administered by the THE ADVOCATE * 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. Department of Public Safety and Corrections, office of state police, gaming with the Administrative Procedure Act with input from state and regional division. local advisory committees. These rules shall be applicable to all public * * * and private providers of developmental disabilities services. The office, G. The central computer system shall not provide for the monitoring or through regional offices and human services authorities and districts, shall reading of personal or financial information concerning patrons of gaming serve as the single point of entry into the system. activities conducted on a riverboat or at live racing facilities. * * * * * * C. The human services authorities and districts authorized by state law I. The Department of Public Safety and Corrections, office of state police, shall be responsible for meeting the requirements assigned to the office shall impose and collect an annual fee not in excess of fifty dollars on by this Chapter for regional local developmental disabilities services each electronic gaming device linked by telecommunication to the central delivery, development, and implementation in the area of their geographic computer system as provided by this Section. The purpose of the fee shall be assignment. to defray the costs to the state of acquiring, implementing, and maintaining D. The office shall establish regional advisory committees. the central computer system as provided for in this Section. The annual fee (1) Human services authorities and districts shall maintain advisory shall be established in an amount which will generate an amount of funds committees. These advisory committees shall perform all of the following in each fiscal year which is equal to the projected cost of administering the functions: system for that fiscal year. No additional fee shall be imposed with respect (a) Provide public input into the regional authority or district planning to the central computer system. This fee shall be in addition to any other process and comment on regulations proposed by the office. fee provided for by this Chapter. The fee shall be subject to the following (b) Receive timely information on the budget of the office budgets of provisions: their respective human services authorities and districts, in addition to * * * information on implementation of all services and quality assurance reports (4) No If the amount of the proposed fee exceeds by fifty percent the fee by the office those authorities and districts, and advise the regional offices imposed during the prior year or the sum of twenty‑five dollars, the fee and human services authorities and districts. shall not be imposed or collected unless the legislative committees with (c) Collaborate with the regional offices and human services authorities jurisdiction over gaming matters as provided by legislative rule have found and districts to develop outreach plans for each region geographic area. that the information and documentation submitted by the Department of Such outreach plans shall provide for public dissemination of information Public Safety and Corrections, office of state police, is sufficient to justify regarding developmental disabilities and the services available through the amount of the proposed fee and those committees have affirmatively the regional offices and human services authorities and districts. approved the amount of the proposed fee. (2) These adv isor y commit tees Each adv isor y commit tee shall be composed J. The telecommunication between electronic gaming devices on licensed of a minimum of twelve members who represent positions and philosophies riverboats and at live racing facilities and the central computer system shall held by various groups and advocates for persons with developmental be in continuous operation at all times. disabilities and. The membership of each advisory committee shall include, * * * but not be limited to: L. The provisions of this Section shall not apply to persons licensed (a) Persons with developmental disabilities. pursuant to the provisions of the Video Draw Poker Devices Control Law (b) Parents and family members representing a cross section of as provided for in Chapter 6 8 of this Title or to the casino gaming operator. developmental disabilities services. * * * (c) Private providers. Approved by the Governor, May 26, 2015. (d) R epr e s ent at ive s of a dvo c ac y or g a n i z at io n s a nd com mu n it y s t a keholder s A true copy: representing a cross section of developmental disabilities services. Tom Schedler (e) Public providers and administrators of regional administrative units Secretary of State and human services authorities and districts, who may be appointed as ------ad hoc, non‑voting members of regional advisory committees the advisory committee. ACT No. 20 E. The regional local authority, organized as either a regional office or a - - - human services authority or district, shall discharge the following duties: HOUSE BILL NO. 177 (1) Appoint the committee members from names submitted by consumer, BY REPRESENTATIVE WHITNEY provider, and advocacy groups, with the approval of the assistant secretary AN ACT of the office, who shall ensure that committee composition is in compliance To amend and reenact R.S. 28:451.2(2) and (15)(introductory paragraph), with the state law. 451.3(A) and (C) through (G), 451.4(B), and 455.2(B), to enact R.S. 28:915(B) (2) Sixty Ensure that at least sixty percent of the membership shall be of (9), and to repeal R.S. 28:451.2(23), relative to implementation of the each committee is composed of persons with developmental disabilities and Developmental Disability Law; to provide for responsibilities of human parents and family members representing a cross section of developmental services authorities and districts within the developmental disabilities disabilities services. services system; to provide for functions of advisory committees of F.(1) The office shall establish a state advisory committee which shall be human services authorities and districts; to delete outdated references to organized as follows: regional offices and state developmental centers of the office for citizens (a) Provide public input to the office regarding proposed regulations and with developmental disabilities within the Department of Health and the development of state planning and budget. Hospitals; and to provide for related matters. (b) (a) The state advisory committee shall consist of at least two people Be it enacted by the Legislature of Louisiana: from each region, authority, human services authority or district advisory Section 1. R.S. 28:451.2(2) and (15)(introductory paragraph), 451.3(A) and committee. (C) through (G), 451.4(B), and 455.2(B) are hereby amended and reenacted (c) Sixty (b) At least sixty percent of the membership shall be comprised and R.S. 28:915(B)(9) is hereby enacted to read as follows: of persons with developmental disabilities and parents and family members §451.2. Definitions representing a cross section of developmental disabilities services. As used in this Chapter, the following words, terms, and phrases shall (2) (c) The membership of the state advisory committee shall include at a have the meaning ascribed to them in this Section, except when the context minimum, but not be limited to the following: clearly indicates a different meaning: (a) (i) Persons with developmental disabilities. * * * (b) (ii) Parents and family members representing persons who receive a (2) “Administrative units” means developmental centers, regional offices cross section of developmental disabilities services. and any other unit established under the administration and supervision of (c) (iii) Private providers. the office. (d) (iv) A representative of the American Federation of State, County, and * * * Municipal Employees Council #17. (15) “Human services authority or district” means a regional or other (e) (v) Representatives of advocacy organizations representing a cross locally‑based agency established by state law with special authority or section of developmental disabilities services. district provided for in Chapter 21 of this Title that has assigned powers, (f) (vi) P ublic prov ider s a nd ad minist rat or s of regional local administrative duties, and functions regarding the delivery of mental health, developmental units and human services authorities and districts, who may be appointed disabilities, and addictive disorders services funded by appropriations from as ad hoc, non‑voting members of the state advisory committee. the state and provided through memoranda of agreement with the program (3) (2) The assistant secretary of the office shall appoint the committee offices of the department. Human In addition to any other duties prescribed members, with the approval of the secretary of the department, from names in this Title, human services authorities and districts are responsible for all submitted by the regional advisory committees. of the following: (4) (3)(a) The state advisory committee shall coordinate with all regional * * * human services authority and district advisory committees, and shall use §451.3. Administration of the provisions of this Chapter; regional advisory data provided by the reg ional adv isor y those commit tees in the deliberations committees; state advisory committee; responsibilities of human services of the committee. authorities and districts; advisory committees (b) The state advisory committee shall provide public input to the office A. The prov isions of this Chapter shall be administered a nd coordinated by regarding proposed regulations and the development of state planning and the office according to regulations promulgated by the office in accordance budget. THE ADVOCATE * 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. G. The regulations promulgated by the office pursuant to this Section (1) A managed care organization. shall: (2) Any of the following entities as defined in 42 C.F.R. 438.2: (1) Promote coordination among the office, human services authorities (a) A prepaid ambulatory health plan. and districts, and state and regional local advisory committees. (b) A prepaid inpatient health plan. (2) Promote responsiveness by the office and human services authorities (c) A primary care case manager. and districts to input from persons who receive developmental disabilities Section 2.(A) The Louisiana State Law Institute is hereby directed to services and family members and providers regarding the delivery of designate R.S. 46:460.51 and 460.52 as Subpart A of Part XIII of Chapter 3 of services. Title 46 of the Louisiana Revised Statutes of 1950, and is further directed to * * * entitle the Subpart “General Provisions”. §451.4. State developmental centers; office for citizens with developmental (B) The Louisiana State Law Institute is hereby directed to redesignate disabilities Subpart A of Part XIII of Chapter 3 of Title 46 of the Louisiana Revised * * * Statutes of 1950, comprised of R.S. 46:460.61 and 460.62, as Subpart B of Part B. Pinecrest Supports and Services Center, Northwest Supports and XIII of Chapter 3 of Title 46 of the Louisiana Revised Statutes of 1950, and is Services Center, and North Lake Supports and Services Center are is further directed to retain the heading of the Subpart. continued as an administrative units unit of this office. (C) The Louisiana State Law Institute is hereby directed to redesignate * * * Subpart B of Part XIII of Chapter 3 of Title 46 of the Louisiana Revised §455.2. Assurances of consistency with regional local and state planning Statutes of 1950, comprised of R.S. 46:460.70 as enacted by Section 1 of this * * * Act and R.S. 46:460.71, as Subpart C of Part XIII of Chapter 3 of Title 46 of B. The office shall promptly review the application and may approve it the Louisiana Revised Statutes of 1950, and is further directed to entitle the according to its consistency with the state and regional local planning and Subpart “Claim Filing And Payment”. review for approval of the program model for the population to be served. Approved by the Governor, May 29, 2015. The provider shall submit the finding of the office as an attachment to its A true copy: initial request for licensure to the department. Tom Schedler * * * Secretary of State §915. Districts; functions, powers, and duties ------* * * B. In addition to the functions as provided in Subsection A of this Section, ACT No. 22 the district shall have the following powers and duties: - - - * * * HOUSE BILL NO. 304 (9) To carry out responsibilities relative to developmental disabilities BY REPRESENTATIVES HALL AND LEBAS services delivery provided in R.S. 28:451.3. AN ACT * * * To amend and reenact R.S. 40:1007(A) and (G), relative to prescription Section 2. R.S. 28:451.2(23) is hereby repealed in its entirety. monitoring; to share prescription monitoring program information with Section 3. This Act shall become effective upon signature by the governor equivalent programs in other states; to provide for the security of personal or, if not signed by the governor, upon expiration of the time for bills to information; and to provide for related matters. become law without signature by the governor, as provided by Article III, Be it enacted by the Legislature of Louisiana: Section 18 of the Constitution of Louisiana. If vetoed by the governor and Section 1. R.S. 40:1007(A) and (G) are hereby amended and reenacted to subsequently approved by the legislature, this Act shall become effective on read as follows: the day following such approval. §1007. Access to prescription monitoring information Approved by the Governor, May 29, 2015. A. Except as provided in Subsections C, D, E, F, G, H, and I of this Section, A true copy: prescription monitoring information submitted to the board shall be Tom Schedler protected health information, not subject to public or open records law, Secretary of State including but not limited to R.S. 44:1 et seq., and not subject to disclosure. ------Prescription monitoring information shall not be available for civil subpoena from the board nor shall such information be disclosed, discoverable, or ACT No. 21 compelled to be produced in any civil proceeding nor shall such records - - - be deemed admissible as evidence in any civil proceeding for any reason. HOUSE BILL NO. 270 Notwithstanding this provision, law enforcement and professional licensing, BY REPRESENTATIVE ARMES certification, or regulatory agencies may utilize prescription monitoring AN ACT information in the course of any investigation and subsequent criminal and To amend and reenact R.S. 46:460.51(introductory paragraph) and the administrative proceedings, but only in accordance with federal and state heading of Subpart B of Part XIII of Chapter 3 of Title 46 of the Louisiana law and the requirements of this Part. Revised Statutes of 1950, and to enact R.S. 46:442 and 460.70, relative to * * * the medical assistance program of this state, known also as Medicaid; G. The board may provide prescription monitoring information in response to prescribe duties of the Department of Health and Hospitals in to queries from prescription monitoring programs located in other states, administering the Medicaid program; to provide relative to Medicaid through its participation in a secure interstate data exchange system, and managed care organizations; to provide relative to provider claims for the information may be used by those programs in a manner consistent with certain health services; and to provide for related matters. this Section. However, the board shall not provide prescription monitoring Be it enacted by the Legislature of Louisiana: information to prescription monitoring programs located in other states Section 1. R.S. 46:460.51(introductory paragraph) and the heading of unless the laws of the state receiving the information provide at a minimum Subpart B of Part XIII of Chapter 3 of Title 46 of the Louisiana Revised both of the following: Statutes of 1950 are hereby amended and reenacted and R.S. 46:442 and (1) That the prescription monitoring information is protected health 460.70 are hereby enacted to read as follows: information, not subject to the Public Records Law, and not subject to §442. Medicaid provider claims; period for filing disclosure. In administering the Medicaid program of this state, the Department of (2) That the prescription monitoring information shall not be subject to Health and Hospitals shall not limit the period within which a health care civil subpoena, nor shall such information be disclosed, discoverable, or provider may submit a claim for payment for a covered service rendered to compelled to be produced in any civil proceeding, nor shall such records a Medicaid program enrollee to less than three hundred sixty-five days from be deemed admissible as evidence in any civil proceeding for any reason. the date the service was provided. * * * * * * Approved by the Governor, May 29, 2015. §460.51. Definitions A true copy: The As used in this Part, the following terms shall have the following Tom Schedler meanings meaning ascribed in this Section unless the context clearly Secretary of State indicates otherwise: ------* * * SUBPART B. CLAIM FILING AND PAYMENT §460.70. Timely filing of claims ACT No. 23 In accordance with the provisions of R.S. 46:442, the department shall not - - - limit the period within which a provider may submit a claim for payment HOUSE BILL NO. 381 for a covered service rendered to an enrollee to less than three hundred BY REPRESENTATIVES JACKSON AND SIMON sixty-five days from the date the service was provided. This prohibition AN ACT on limiting the claim submission period to less than three hundred sixty- To enact R.S. 40:2154(18), relative to behavioral health services rendered five days from the date of service shall apply relative to claims submitted to specialty courts; to exempt from licensure requirements providers directly to the department and to claims submitted to all of the following furnishing behavioral health services to certain specialty courts; to entities: provide for an effective date; and to provide for related matters. 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. Be it enacted by the Legislature of Louisiana: * * * Section 1. R.S. 40:2154(18) is hereby enacted to read as follows: F. Any establishment where the business of funeral directing or §2154. Applicability embalming as defined in R.S. 37:831 is conducted within this state shall be The provisions of this Part shall not apply to the licensing of any of the duly licensed. An establishment shall be qualified to be licensed to operate following facilities or persons and shall not be construed as requiring any as such if it meets all of the following requirements: of the following facilities or persons to seek licensure as a behavioral health (1) It is managed or is to be managed by a funeral director holding a valid services provider: license, other than a temporary license, from the state of Louisiana. The * * * funeral director shall manage the establishment on a full-time basis and (18) Facilities or services operated for the sole purpose of providing funeral directing shall be his principal occupation. substance abuse or mental health services to courts that are recognized (2) Embalming is performed only by an embalmer and funeral director and certified by the Louisiana Supreme Court as specialty courts. holding a valid license from the state of Louisiana or a registered intern Section 2. This Act shall become effective upon signature by the governor under the supervision of a state-licensed embalmer and funeral director. or, if not signed by the governor, upon expiration of the time for bills to (3)(a) It is found, after proper investigation to meet the requirements become law without signature by the governor, as provided by Article III, established by the board with respect to all of the following: Section 18 of the Constitution of Louisiana. If vetoed by the governor and (i) licensed personnel, Licensed personnel, including those working under subsequently approved by the legislature, this Act shall become effective on the authority of a temporary license. the day following such approval. (ii) registered Registered interns, and those working under the authority Approved by the Governor, May 29, 2015. of a temporary license,. A true copy: (iii) embalming Embalming facilities for the sanitation, disinfection, and Tom Schedler preparation of a human body,. Secretary of State (iv) adequate Adequate buildings,. ------(v) display Display rooms for displaying funeral merchandise consisting of, but not limited to a minimum of six adult caskets of a variety of styles and ACT No. 24 quality. - - - (vi) Other necessary facilities, furnishings, or and equipment and other HOUSE BILL NO. 468 necessary facilities to adequately serve the public. BY REPRESENTATIVES NANCY LANDRY AND HARRISON (b) The embalming facilities and display rooms described in this AN ACT Paragraph are required in every funeral establishment that is not a branch To amend and reenact R.S. 9:3893(A)(2)(b), relative to duties of real estate establishment. licensees representing clients; to eliminate the option of clients to waive a * * * duty imposed on licensees; and to provide for related matters. Approved by the Governor, May 29, 2015. Be it enacted by the Legislature of Louisiana: A true copy: Section 1. R.S. 9:3893(A)(2)(b) is hereby amended and reenacted to read Tom Schedler as follows: Secretary of State §3893. Duties of licensees representing clients ------A. A licensee representing a client shall: * * * (2) Promote the best interests of the client by: ACT No. 26 * * * - - - (b) Timely presenting all offers to and from the client, unless the client HOUSE BILL NO. 2 has waived this duty. Capital Outlay * * * will publish in a later edition. Approved by the Governor, May 29, 2015. A true copy: Tom Schedler ACT No. 27 Secretary of State ------SENATE BILL NO. 67 BY SENATOR WHITE ACT No. 25 Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of - - - Louisiana. HOUSE BILL NO. 554 AN ACT BY REPRESENTATIVE RITCHIE To enact R.S. 32:402(C)(5) and (F), relative to motor vehicles; to provide a AN ACT licensing exception for law enforcement officers to operate certain law To amend and reenact R.S. 37:831(introductory paragraph) and (10) and enforcement vehicles; to provide relative to licensing requirements of (44) and 842(F)(1) through (3), relative to state licensed embalmers and certain operators of vehicles in limited circumstances; and to provide for funeral directors; to provide for definitions relative to branch and funeral related matters. establishments; to provide for authorized embalming performed by Be it enacted by the Legislature of Louisiana: supervised registered interns; to require a minimum number of caskets Section 1. R.S. 32:402(C)(5) and (F) are hereby enacted to read as follows: in display rooms of funeral establishments; to provide with respect to §402. All drivers must secure license; exception; emergency vehicle funeral establishment management; and to provide for related matters. exception; military personnel exceptions; emergency command post vehicle Be it enacted by the Legislature of Louisiana: exception; law enforcement officer exception; violations Section 1. R.S. 37:831(introductory paragraph) and (10) and (44) and 842(F) * * * (1) through (3) are hereby amended and reenacted to read as follows: C. * * * §831. Definitions (5) Notwithstanding any provision of this Section or any other law to the For purposes of this Chapter and implementation thereof, the following contrary, the only driver’s license required of an operator of an emergency terms shall have the meaning as defined herein, unless the context clearly command post vehicle or other law enforcement equipment which would indicates otherwise: otherwise meet the definition of a commercial motor vehicle, and who is * * * employed as a law enforcement officer, shall be a Class “E” driver’s license when (10) “Branch establishment” means an auxiliary facility or division operating such vehicle or equipment in the course and scope of his employment. of a main funeral establishment licensed under the provisions of this Such vehicle or equipment shall be equipped with audible and visual signals as Chapter and used for the care, embalming, or disposition of dead human required by Federal Motor Carrier Safety Administration rules. bodies a licensed funeral establishment devoted to or used in the care of * * * the body of a deceased person, or maintained or held out to the public, by F.(1) The exceptions provided for in Subsection C of this Section shall only advertising or otherwise, as the office or place for the practice of funeral apply to drivers licensed by the state of Louisiana and drivers licensed by a directing. Ownership of the branch is identical to the ownership of the main state with which Louisiana has a reciprocity agreement. funeral establishment controlling the branch, and such establishment can (2) The exceptions in Subparagraphs (C)(1), (2), (4), and (5) of this Section practically be served by the licensed personnel of the main establishment. shall only apply to the operation of commercial motor vehicles for which * * * the particular exception applies when those commercial motor vehicles are (44) “Funeral establishment” means any place or premises duly licensed equipped with audible and visual signals and the operation of the commercial by the board and devoted to or used in the care and preparation for burial motor vehicle is necessary for the preservation of life or property or in the disposition of the body of a deceased person or maintained or held out to execution of emergency governmental functions. the public by advertising or otherwise as the office or place for the practice Section 2. This Act shall become effective upon signature by the governor of funeral directing. 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, §842. Minimum qualifications for license Section 18 of the Constitution of Louisiana. If vetoed by the governor and 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. subsequently approved by the legislature, this Act shall become effective on or of notice of default of the contractor or subcontractor, file a copy of sworn the day following such approval. statement of the amount due him with the department having the work done Approved by the Governor, May 29, 2015. and record the original sworn statement of the amount due him in the office A true copy: of the recorder of mortgages for the parish in which the work is done and file Tom Schedler a certified copy of the recorded sworn statement of the amount due, showing the Secretary of State recordation data, with the undersecretary of the department. ------* * * §256.6. Authorization to cancel the inscription of claims and privileges; ACT No. 28 cancellation; lis pendens - - - A.(1) If a statement of claim or privilege is improperly filed or if the claim SENATE BILL NO. 71 or privilege preserved by the filing of a statement of claim or privilege BY SENATOR ERDEY AND REPRESENTATIVES BROWN, GISCLAIR, is extinguished, the public entity, contractor, or subcontractor, or other GUINN, HILL, HODGES, HONORE, HOWARD, TERRY LANDRY, MACK interested person may require the person who has filed a statement of AND NORTON claim or privilege to give a written authorization directing the recorder of Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of mortgages to cancel the statement of claim or privilege from his records, or Louisiana. to file an original lien cancellation certificate with the recorder of mortgages AN ACT and to submit a certified copy of the recorded lien cancellation certificate, To enact R.S. 38:90.4(A)(1)(j), relative to the Statewide Flood-Control showing the recordation data, with the undersecretary of the department. Program; to provide for information to be included in applications for * * * funding of any flood-control projects; and to provide for related matters. §256.7. Filing of bond or other security; cancellation of statement of claim Be it enacted by the Legislature of Louisiana: or privilege Section 1. R.S. 38:90.4(A)(1)(j) is hereby enacted to read as follows: * * * §90.4. Methodology for flood-control project evaluation C. Any party who files a bond or other security to guarantee payment A.(1) Applications for funding of any flood-control projects under the of an obligation secured by a privilege in accordance with the provisions Statewide Flood Control Program may be submitted by any duly authorized of Subsection A of this Section shall give notice to the department, the municipal, parish, or other governing authority. Applications shall be made claimant, and the contractor by certified mail, and shall file a certified copy to the office of engineering by October first of each year, for consideration of of the cancellation of the statement of claim or privilege by the recorder of funding in the following fiscal year. Applications submitted in accordance mortgages, showing the recordation data, with the undersecretary of the with the provisions of this Chapter shall not be subject to the provisions department by certified mail. of R.S. 39:101. Sponsoring authorities with a population of fifty thousand Section 2. This Act shall become effective upon signature by the governor persons or more shall be responsible for the preparation of applications for or, if not signed by the governor, upon expiration of the time for bills to their respective projects. For sponsoring authorities with a population of become law without signature by the governor, as provided by Article III, less than fifty thousand persons, the office shall prepare the applications Section 18 of the Constitution of Louisiana. If vetoed by the governor and for the projects, or the sponsoring authority may prepare its application in subsequently approved by the legislature, this Act shall become effective on the event the office cannot accomplish required engineering services in a the day following such approval. timely manner. Information to be provided in the application shall include Approved by the Governor, May 29, 2015. but not be limited to the following: A true copy: * * * Tom Schedler (j) Any negative and positive impact on adjacent parishes both upstream and Secretary of State downstream from the project. ------* * * Approved by the Governor, May 29, 2015. ACT No. 30 A true copy: - - - Tom Schedler SENATE BILL NO. 159 Secretary of State BY SENATOR HEITMEIER ------Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. ACT No. 29 AN ACT - - - To amend and reenact R.S. 48:250.2(A), and to enact R.S. 38:2225.2.5 and R.S. SENATE BILL NO. 151 48:232.1 and 250.2(D), relative to design-build contracts; to authorize any BY SENATOR CORTEZ regional transit authority created by law to let a design-build contract for Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of new ferries on the Mississippi River; to require that the Department of Louisiana. Transportation and Development give priority to any bridge project which AN ACT replaces a tunnel; to authorize the Department of Transportation and To amend and reenact R.S. 48:251.5(B)(1) and (2), 256.5(B), 256.6(A)(1), and Development to utilize the design-build method to contract for ferries on 256.7(C), relative to public contracts of the Department of Transportation the Mississippi River and for a bridge project which replaces a tunnel; and and Development; to provide relative to payment of legal interest on to provide for related matters. contract balances; to provide relative to filing of statements of amounts Be it enacted by the Legislature of Louisiana: due by claimants; to provide relative to cancellation of the inscription of Section 1. R.S. 38:2225.2.5 is hereby enacted to read as follows: claims and privileges; and to provide for related matters. §2225.2.5. Design-build contracts; authorized use by any regional transit Be it enacted by the Legislature of Louisiana: authority for new ferries on the Mississippi River Section 1. R.S. 48:251.5(B)(1) and (2), 256.5(B), 256.6(A)(1), and 256.7(C) are A.(1) Notwithstanding any other provision of law to the contrary, and subject hereby amended and reenacted to read as follows: to the provisions of this Section, any regional transit authority created by law §251.5. Payments under contract may let contracts for any new ferry on the Mississippi River in which the design * * * and construction phases of the ferry project are combined into a single contract. B.(1) If the department fails to make any final payments after recordation (2) For the purposes of this Section: of formal final acceptance and within forty-five days following receipt of a (a) “Authority” means a regional transit authority. clear lien certificate by the department, the department shall be liable for (b) “Design-builder” means the person or entity contractually obligated to legal interest on the balance due on the contract. deliver the design and construction of a new ferry on the Mississippi River. (2) If the final estimate by the department’s engineer is not completed by B. Prior to letting any such contract, an authority shall adopt a resolution the Expiration of the period prescribed in this Subsection, the retainage establishing the design-build program for any new ferry. The resolution shall or other payments known by the department to be due and payable shall include, at a minimum, the following provisions: be released, but the contractor and the contractor’s surety shall remain (1) Requirements that a design-builder to whom a design-build contract is liable for any overpayment by the department to the contractor, stipulated awarded, or any person or entity to whom a design-builder may sublet, shall damages for delay in a completion or work necessary to repair latent defects, be duly registered, licensed, or otherwise qualified to perform such design or in performance of warranty work under the contract. and construction service as required by law, and registered to do business in (2) If the department fails to make any final payment within one hundred Louisiana. days after its receipt of the clear lien certificate, the department shall be liable (2) Requirements for the composition of a technical review committee to grade for legal interest on the balance due on the contract. and judge the statements of qualifications and technical proposals submitted * * * pursuant to the request for qualifications and the request for technical §256.5. Claimant defined; filing of sworn statements of amounts due; proposals. At least one member of the technical review committee shall be a payment by the department maritime engineer, and the resolution shall so provide. * * * (3) Specific requirements for the design-build program and the design-build B. Any claimant shall, after the maturity of his claim and within forty-five contract, including but not limited to: days after the recordation of final acceptance of the work by the department 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. (a) Public announcement procedures for solicitation of interested design- shall determine what action shall be taken regarding the proposer’s request to build competitors. The resolution shall provide that a notice of intent to select a review its final total technical score. Except as provided for in Subsection D of single legal entity for design-build services and to request letters of interest and this Section, the governing authority’s decision shall be final and not subject to statements of qualifications from qualified firms or teams shall be distributed appeal by any legal process. by the authority through advertisement in the official journal of the authority, (v) The time value, consisting of the product of the proposed contract time by appearance on the authority’s Internet home page, if any, and by other means expressed in calendar days multiplied by the value-per-calendar-day expressed to ensure adequate response, including newspapers, trade journals, and other in dollars established by the authority and included in the “Scope of Services forms of media which may be appropriate for specialty services. The notice Package”. of intent shall be advertised a minimum of ten days prior to the deadline for (vi) The price proposal. receipt of responses and shall contain a brief description of the project, the (b) The chairman of the technical review committee shall recommend the required scope of services, and sufficient information for design-build entities proposal with the lowest adjusted score to the authority’s governing authority. to determine their interest and to enable them to submit a letter of interest The adjusted score for each entity’s design-build proposal shall be determined and statement of qualifications. The authority may readvertise the notice of by the following formula: Adjusted Score = (Price Bid + Time Value) divided intent using additional media or publications in an attempt to solicit additional by Technical Score. If the Time Value is not used, the Adjusted Score shall be responses if the number of responses is inadequate. determined by the following formula: Adjusted Score = Price Bid divided by (b) Scope of service requirements to be met by the design-builder selected for Technical Score. the contract. D. There shall be no challenge by any legal process to the choice of the (c) Requirements for a request for qualifications and statements of successful designer-builder unless filed and served on the presiding officer of qualifications to be submitted by competitors for the design-build contract. the authority’s governing authority within seven calendar days after the award (d) Criteria and rating procedures for choosing a short list from among the of the design-build contract. Any such challenge shall be limited to fraud, bias persons submitting statements of qualifications to whom requests for the for pecuniary or personal reasons not related to the interests of the taxpayers, submission of technical proposals will be made. or arbitrary and capricious selection of the successful design-builder. Any (e) Requirements for cost proposals to be submitted by competitors for the such challenge shall be heard as a summary proceeding by the district court design-build contract. of proper venue for the authority not less than ten days after service of the (f) Requirements concerning how the technical review committee shall petition, excluding legal holidays. grade, judge, and rank the technical proposals and make recommendations to E. Once the design-builder has been chosen, a contract for a stipulated the governing authority of the regional transit authority. maximum total cost may be executed, as provided in the authority’s award (g) Requirements for the selection process for the award of the design-build resolution. The final cost of the design-build contract may be increased or contract. decreased to account for inflation if provided for in the contract, for changes C. The design-build program and any design-build contract entered into in the scope of work, or for a combination thereof, or for other conditions of pursuant to the design-build program shall be subject to the following which the design-builder either did not have knowledge of, or could not have procedures and limitations: reasonably foreseen the possibility of, concerning the design and construction (1) Statements of qualifications from at least two qualified design-build provided any change is related to the original project and scope of services. competitors must be received in response to a formal request for qualifications F. The provisions of this Section shall supersede any conflicting provisions of in order to proceed with a request for technical proposals. any other law, including but not limited to the requirements of Chapter 10 of (2) Technical proposals shall be requested from no fewer than two of the this Title. qualified design-build competitors who submit statements of qualifications for Section 2. R.S. 48:250.2(A) is hereby amended and reenacted, and R.S. the design-build program. 48:232.1 and 250.2(D) are hereby enacted to read as follows: (3) The authority may use a private design professional or its own staff to §232.1. Apportionment of appropriated funds by the department; tunnel develop a description of the project and the required scope of services. The replacement priority description of the project and the required scope of services shall include The Department of Transportation and Development may give priority and design criteria, analyses, reports, and cost estimates for the design-build advance to construction as expeditiously as possible any bridge project where project as prepared by a private design professional or the authority staff. a bridge replaces a tunnel. The department may use any available source of (4) The technical review committee shall grade, judge, and rank the technical funds to finance such projects, and may use any available source of funds, proposals and make a recommendation to the authority’s governing authority including the secretary’s emergency fund, as matching funds to meet federal for the awarding of the contract in accordance with requirements of this requirements in order to receive federal aid funds. Notwithstanding any Section, the resolution, the request for qualifications, and the request for other provision of law to the contrary, the department may contract for such technical proposals. projects using any contract method provided by law, including design-build or (5)(a) The final selection of the design-build competitor to whom the contract construction management at risk. shall be awarded shall be made by the authority’s governing authority. * * * (b) Such selection shall be made upon the basis of the best design for the §250.2. Design-build contracts; administration purposes set forth in the request for qualifications and the best cost for that A. Notwithstanding any law to the contrary or the requirements of this design, taking into account costs of construction and operation and maintenance Part, if the secretary determines it is in the best interest of the taxpayers, of that design. Competitors from the short list from whom technical proposals the Department of Transportation and Development, with approval of the have been requested may submit alternate designs and costs to ensure the House and Senate transportation, highways, and public works committees, greatest number of options from which the award may be made so as to promote may formulate, develop, and implement a program to combine the design and best cost, as described in this Subparagraph, and the interests of the taxpayers. construction phases of a transportation facility or facilities, including but (6)(a) An adjusted score approach shall be used by the authority in determining not limited to highways, interchanges, or bridges, ferries on the Mississippi the winning proposal. An adjusted score shall be determined using the River, or tunnels into a single contract. following components: * * * (i) The technical score determined by the technical review committee. D. The department shall consider a design-build contract to replace the Weighing factors may be assigned to each element depending on its relative tunnel on Louisiana Highway 23 and shall submit a written report of its magnitude or significance to the overall project. Each technical review recommendation to the House and Senate committees on transportation, committee member shall rate his assigned element of the proposal from each highways, and public works not later than February 1, 2016. of the entities on the short list and shall submit such scores to the chairman Section 3. This Act shall become effective upon signature by the governor of the technical review committee. The schedule and price bid shall not be or, if not signed by the governor, upon expiration of the time for bills to made known to the technical review committee during the scoring process. become law without signature by the governor, as provided by Article III, The chairman of the technical review committee shall adjust the scores for any Section 18 of the Constitution of Louisiana. If vetoed by the governor and applicable weighing factors and shall determine the total technical score for subsequently approved by the legislature, this Act shall become effective on each proposal. the day following such approval. (ii) Prior to determining the adjusted score, the chairman of the technical Approved by the Governor, May 29, 2015. review committee shall notify each design-build proposer, in writing, of each A true copy: proposer’s final total technical score. A proposer may request, in writing, a review Tom Schedler of its final total technical score by the authority’s designated representative. Secretary of State If any proposer requests a review of its total technical score, the designated ------representative shall hold a hearing to review such within a reasonable time after the request has been received by the designated representative. The ACT No. 31 designated representative shall give the requesting proposer reasonable notice - - - of the time and place of such hearing. The requesting proposer may appear SENATE BILL NO. 161 at the hearing and present facts and arguments in support of the request for BY SENATOR CHABERT review of its final total technical score. Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of (iii) The individual scoring of each member of the technical review committee Louisiana. shall be considered a public record and available for public view. AN ACT (iv) The designated representative shall present his findings from the To amend and reenact R.S. 36:508.3(D), the introductory paragraph of R.S. hearing to the governing authority of the authority. The governing authority 36:508.4(B), R.S. 36:508.4(B)(3) and (C), and Section 3 of Act No. 719 of the 2014 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. Regular Session of the Legislature, and to enact R.S. 51:3136(A)(9), relative A. The secretary of the Department of Public Safety and Corrections shall to the office of multimodal commerce in the Department of Transportation establish a special prestige motor vehicle license plate for the Eagle Scouts and Development; to provide for divisions in the office of multimodal program within the Boy Scouts of America. The plate shall be restricted to use commerce; to extend the time for creation and approval of an operational on passenger cars, pickup trucks, vans, and recreational vehicles. The license plan for the office by the Multimodal Commerce Advisory Commission; to plate shall be of a color and design selected by the Boy Scouts of America, add the commissioner of the office of multimodal commerce as a member provided that the plate shall comply with all requirements of R.S. 47:463(A)(3). of the Louisiana Board of International Commerce; to provide a time to B. The prestige license plate shall be issued, upon application, to any citizen appoint the commissioner of multimodal commerce; and to provide for of Louisiana in the same manner as any other motor vehicle license plate. related matters. C. The charge for this special license plate shall be the standard motor vehicle Be it enacted by the Legislature of Louisiana: license tax imposed by Article VII, Section 5 of the Constitution of Louisiana, Section 1. R.S. 36:508.3(D) is hereby amended and reenacted to read as plus an annual royalty fee of twenty-five dollars for each plate, to be collected by follows: the department every two years upon renewal of the plate. The annual royalty §508.3. Office of multimodal commerce; functions; commissioner; deputy fee shall be paid by the department to the appropriate Louisiana council of commissioner; powers and duties the Boy Scouts of America as determined by the zip code of the purchaser’s * * * parish of origin, and the council shall use the money solely for its Eagle Scout D. The powers, duties, responsibilities, budgetary authority, employees, program. A handling fee of three dollars and fifty cents shall also be charged equipment, facilities, and funding of the office of multimodal commerce and retained by the department to offset a portion of administrative costs. shall be allocated among the following divisions of such office: D. The secretary shall promulgate rules and regulations as are necessary to (1) Commercial trucking. implement the provisions of this Section. (2) Ports and harbors waterways. * * * (3) Aviation. §463.183. Special prestige license plate; “Louisiana Licensed Professional (4) Rail Freight and passenger rail development. Geoscientist” (5) Maritime. A. The secretary of the Department of Public Safety and Corrections shall (6) Intercity public mass transit. establish a special prestige motor vehicle license plate for the Louisiana Board Section 2. The introductory paragraph of R.S. 36:508.4(B) and R.S. of Professional Geoscientists when the department has received a minimum of 36:508.4(B)(3) and (C) are hereby amended and reenacted to read as follows: one thousand applications for the plate. The license plate shall be restricted to §508.4. Multimodal Commerce Advisory Commission passenger ca rs, pickup tr uck s, va ns, a nd recreational vehicles. The license plat e * * * shall be of a color and design selected by the Louisiana Board of Professional B. The Multimodal Commerce Advisory Commission shall meet and develop Geoscientists, provided that it is in compliance with R.S. 47:463(A)(3). an operational plan for the 2015 2016 Regular Session of the Legislature for B. The prestige license plate shall be issued, upon application, to any Louisiana the following: licensed professional geoscientist in good standing in the same manner as any * * * other motor vehicle license plate. (3) Proposed legislation for the 2015 2016 Regular Session of the Legislature C. The charge for this special license plate shall be the standard motor vehicle necessary to implement the operational plan on July 1, 2016. license tax imposed by Article VII, Section 5 of the Constitution of Louisiana, C. The operational plan of the Multimodal Commerce Advisory Commission plus an annual royalty fee of twenty-five dollars for each plate, and a handling shall be presented to the Senate and House committees on transportation, fee of three dollars and fifty cents which shall be retained by the department to highways, and public works for their review, amendment, and approval no offset administrative costs. later than February 1, 2015 2016. D. The annual royalty fee shall be collected by the department and forwarded * * * to the Louisiana Board of Professional Geoscientists or its successor, for use of Section 3. R.S. 51:3136(A)(9) is hereby enacted to read as follows: the board’s logo. The monies received from the royalty fees shall be used solely §3136. Membership of board for the support of the programs established and administered by the Louisiana A. The board shall consist of the following members: Board of Professional Geoscientists. * * * E. Upon the signing of a contract authorizing the use of the logo of the (9) The commissioner of the office of multimodal commerce in the Department Louisiana Board of Professional Geoscientists, the secretary shall establish of Transportation and Development or his designee. the special prestige plate in accordance with this Section. The contract shall * * * include an agreement on the part of the Louisiana Board of Professional Section 4. Section 3 of Act No. 719 of the 2014 Regular Session of the Geoscientists to use the royalty fees as provided for in this Section. Legislature is hereby amended and reenacted to read as follows: F. The secretary shall promulgate rules and regulations as are necessary to Section 3. The provisions of Section 1 of this Act shall become effective on implement the provisions of this Section. July 1, 2016, except that the provisions of R.S. 36:508.3(C) shall become effective §463.184. Special prestige license plate; Society of St. Vincent de Paul of January 12, 2016. Louisiana Section 5. The provisions of this Section and Section 1 of this Act shall A. The secretary of the Department of Public Safety and Corrections shall become effective on July 1, 2016. establish a special prestige motor vehicle license plate for the Society of St. Section 6. The provisions of this Section and Section 2 of this Act shall Vincent de Paul of Louisiana. The plate shall be restricted to use on passenger become effective on July 1, 2015. cars, pickup trucks, vans, and recreational vehicles. The secretary shall work Section 7. The provisions of this Section and Sections 3 and 4 of this Act in conjunction with the Society of St. Vincent de Paul of Louisiana to select shall become effective on January 12, 2016. the color and design of the plate, provided that the plate shall comply with all Approved by the Governor, May 29, 2015. requirements of R.S. 47:463(A)(3). A true copy: B. The prestige license plate shall be issued, upon application, to any citizen Tom Schedler of Louisiana in the same manner as any other motor vehicle license plate. Secretary of State C. The charge for this special license plate shall be the standard motor ------vehicle license tax imposed by Article VII, Section 5 of the Constitution of Louisiana, plus an annual royalty fee of twenty-five dollars for each plate, to ACT No. 32 be collected by the department every two years upon renewal of the plate, and - - - a handling fee of three dollars and fifty cents for each plate to be retained by SENATE BILL NO. 213 the department to offset a portion of administrative costs. The annual royalty BY SENATORS WALSWORTH, ERDEY, NEVERS AND THOMPSON fee shall be paid by the department to the Society of St. Vincent de Paul of Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana to the appropriate Louisiana society as determined by the zip code of Louisiana. the purchaser’s parish of origin, and each society shall use the money solely to AN ACT support its charitable programs. To enact R.S. 47:463.71.1, 463.183, 463.184, and 463.185, relative to motor D. The secretary shall adopt rules and regulations as are necessary to vehicle special prestige license plates; to provide for the Eagle Scouts implement the provisions of this Section. special prestige license plate; to provide for the “Louisiana Licensed §463.185. Special prestige license plate; “Southern University and A&M Professional Geoscientist” special prestige license plate; to provide for College Marching Band” the Society of St. Vincent de Paul of Louisiana special prestige license A. The secretary of the Department of Public Safety and Corrections shall plate; to provide for the Southern University and A&M College Marching establish a special prestige motor vehicle license plate for the Southern Band special prestige license plate; to provide for creation, issuance, and University and A&M College Marching Band. The plate shall be restricted design of the license plates; to provide relative to the fee for the plates; to use on passenger cars, pickup trucks, vans, and recreational vehicles. The to authorize the promulgation of rules and regulations relative to the secretary shall work in conjunction with the director of the Southern University creation and implementation of the prestige license plates; and to provide and A&M College marching band to select the color and design of the plate, for related matters. provided that the plate shall comply with all requirements of R.S. 47:463(A)(3). Be it enacted by the Legislature of Louisiana: B. The prestige license plate shall be issued, upon application, to any citizen Section 1. R.S. 47:463.71.1, 463.183, 463.184, and 463.185 are hereby enacted of Louisiana in the same manner as any other motor vehicle license plate. to read as follows: C. The charge for this special license plate shall be the standard motor §463.71.1. Special prestige license plate; Eagle Scouts vehicle license tax imposed by Article VII, Section 5 of the Constitution of THE ADVOCATE * 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. Louisiana, plus an annual royalty fee of twenty-five dollars for each plate, to be applicable provisions of Title 39 of the Louisiana Revised Statutes of 1950. collected by the department every two years upon renewal of the plate, and a The district may acquire by purchase, donation, or lease and may hold and use handling fee of three dollars and fifty cents for each plate to be retained by the any immovable or movable property, whether corporeal or incorporeal, or any department to offset a portion of administrative costs. The annual royalty fee interest therein necessary or desirable for carrying out the purposes of the shall be paid by the department to the Southern University System Foundation district, and may sell, lease, transfer, or convey any property or interest therein for deposit into the Human Jukebox Fund, and the Southern University System at any time after such property or interest has been acquired by it. Foundation shall utilize such funds solely for academic and financial-need- C. The district shall also have authority to fix and collect, on a gallonage based scholarships for band members and financial assistance for band trips basis, charges for water so furnished. and activities. D. Ad valorem taxes so levied by the district shall be assessed and D. The secretary shall adopt rules and regulations as are necessary to collected in the same manner as state and parish taxes, and the board of implement the provisions of this Section. commissioners shall prescribe the method for collecting any fixed charges Approved by the Governor, May 29, 2015. levied on a gallonage basis. The treasurer shall be bonded in such sum as A true copy: the board may require, the premium on said bond to be paid by the district. Tom Schedler E. The board of commissioners shall have power to take the necessary steps Secretary of State to effectuate a program of beautification of the area within the jurisdiction ------of the commission, particularly but not limited to the banks of Bayou Lafourche, including the necessary police power and authority to adopt ACT No. 33 penalties in connection with such program. For the purposes of this Part - - - “beautification” shall have the following meaning: any method, procedure, SENATE BILL NO. 215 or program which has the effect of creating more pleasant surroundings. BY SENATOR WALSWORTH F.(1) In order to accomplish the purposes of the district, the board may make Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of and enforce such rules, regulations, and ordinances it shall deem necessary: Louisiana. (a) To protect and preserve the works, improvements and properties owned or AN ACT controlled by the district, prescribe the manner of their use by any person or To enact R.S. 38:2573, relative to water conservation; to name the dam entity, and preserve order within and adjacent to properties owned or controlled and spillway at Bayou D’Arbonne Lake; to direct the Department of by the district. Transportation and Development to erect and maintain signage; and to (b) To protect and preserve the waterway from any substance or act which provide for related matters. would render the water therein unfit for the purposes of the district, including Be it enacted by the Legislature of Louisiana: but not limited to prohibiting or regulating the discharge of any substance into Section 1. R.S. 38:2573 is hereby enacted to read as follows: the waterway in concentrations which tend to degrade the chemical, physical, §2573. Bayou D’Arbonne Lake dam and spillway; name biological, or radiological integrity of the waterway. A. The dam and spillway at Bayou D’Arbonne Lake is hereby named the “T.T. (c) To prohibit any person or entity from abandoning, sinking, allowing to Fields Dam and Spillway”. be sunk, or failing to remove any watercraft from in or on the waterway after B. The Department of Transportation and Development is hereby directed to having been requested to do so in writing. erect and maintain appropriate signage of this designation. (d) To prohibit any person or entity from erecting, locating, constructing, Approved by the Governor, May 29, 2015. or using any building or structures within the district that may threaten the A true copy: purposes of the district unless a permit has been approved by the board. Tom Schedler (e) To prohibit any person or entity from knowingly or willfully emptying, Secretary of State draining, or permitting to be drained from any pump, reservoir, well or oil ------field into the waterway any oil, salt water, or other noxious, toxic, hazardous, or poisonous gas, liquid, or substance which would render the waterway unfit ACT No. 34 for the purposes of the district or for human consumption, or would destroy - - - the aquatic and fish life in the waterway. Each day that oil, salt water, or other SENATE BILL NO. 220 prohibited substances are permitted to empty, drain or flow into the waterway BY SENATOR CHABERT shall constitute a separate and distinct offense. AN ACT (f) To regulate the conduct, management, and control of its operations and To amend and reenact R.S. 38:3086.21 and 3086.24, relative to the Bayou functions, and its structures and other facilities within its jurisdiction or Lafourche Fresh Water District; to provide definitions; to provide the under its administration. district with additional powers; to authorize the district to acquire and (g) To protect property, life, and the welfare of its employees and the public. sell certain property; to authorize the promulgation of certain rules, (h) To control, use, and protect its property, equipment, and other facilities regulations, and ordinances; to provide penalties; to provide terms, and improvements. conditions, and requirements; and to provide for related matters. (i) To control, regulate, and protect the channel and banks of the waterway Notice of intention to introduce this Act has been published. from erosion, decay, or destruction. Be it enacted by the Legislature of Louisiana: (j) To control and regulate the pumping of or flowing of water into the waterway Section 1. R.S. 38:3086.21 and 3086.24 are hereby amended and reenacted from adjacent or nearby canals, drainage systems, bayous, ditches, streams, to read as follows: tributaries, or other sources which empty or are pumped into the waterway. §3086.21. Creation; purposes; definitions; jurisdiction (2) Notwithstanding R.S. 34:851.27 or any other provision of law to the contrary, A. There is hereby created a body politic and corporate to be known as and upon a declaration of an emergency by the board that the size and speed of Bayou Lafourche Fresh Water District, for the purpose of furnishing fresh watercraft traveling through the waterway needs to be regulated to protect the water from any available fresh water source, including any ground water integrity of the banks of the waterway due to low water levels or due to another and surface water sources to the water purification facilities serving the event causing the banks to be in peril of erosion or instability, the board may: incorporated villages, towns, and cities along Bayou Lafourche and within (a) Implement and enforce a “no-wake” zone where each watercraft shall or adjacent to the boundaries of the district, as provided in this Part. operate at bare steerage speed, the slowest speed the watercraft can travel B. As used in this Part, the following terms and phrases shall have the while allowing the operator to maintain directional control of the watercraft to following meanings, unless the context requires otherwise: produce the minimum water surface turbulence. (1) “Board” means the board of commissioners of the Bayou Lafourche Fresh (b) Limit the size of watercraft permitted to travel in certain areas of the Water District. waterway until there is no declaration of emergency. Except during times of (2) “District” means the Bayou Lafourche Fresh Water District. a declaration of an emergency by the board, the provisions of this Paragraph (3) “Watercraft” means anything used or designated for navigation on water. shall not supersede or otherwise interfere with the authority of the Department (4) “Waterway” means Bayou Lafourche or any navigable bayou or river, or of Wildlife and Fisheries. portion thereof, located within the geographical boundaries of the district. (3) The board shall not make and enforce any rules, regulations, and ordinances * * * that shall impair the rights and obligations in C.C. Arts. 655 and 656, or that §3086.24. Powers shall affect any agriculture drainage established prior to the creation of the A. The domicile of said board shall be in the city of Thibodaux, Lafourche district. Parish, Louisiana. The district shall have the power to sue and be sued, G. In addition, the board may adopt an anti-littering ordinance with through its board of commissioners, and service of process in any such penalties for the violation thereof not to exceed a fine of two hundred fifty suit against the district shall be made upon the chairman of the board of five hundred dollars. commissioners, the vice chairman, or upon its secretary-treasurer. This H.(1) The rules, regulations, and ordinances established and promulgated by provision shall not constitute a waiver of the governmental immunity to which the board shall provide penalties and shall be enforced by any state or local law the district is entitled. enforcement agency having jurisdiction in the district. Any violations shall be B. The district shall have authority to incur debt, issue bonds, and levy prosecuted by the district attorney in the judicial district where the violation taxes for the retirement of same, under the provisions of R.S. 33:3811 et seq., occurred. and to levy special taxes under the provisions of Article VI, Sections 31 (2) The rules, regulations, and ordinances may contain penalties, including and 32 of the constitution Constitution of Louisiana in accordance with the a fine of not more than five hundred dollars or imprisonment of not more than provisions of law carrying these Articles into effect and particularly the six months, or both. THE ADVOCATE * 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. G.I.(1) The board of commissioners shall have full power to adopt and protection, and to this end, may contract for the acceptance of any grant enforce, by penal ordinance, such sanitary regulations as it may deem of money upon the terms and conditions, including any requirement of necessary to protect from pollution the water so furnished, after it leaves matching the grants in whole or in part, that may be necessary. its source and to that end may regulate the location, construction, or use of Section 2. This Act shall become effective upon signature by the governor any buildings or structures within the district, where same they threaten to or, if not signed by the governor, upon expiration of the time for bills to pollute or pollute said water. Any such action by the board shall be subject to become law without signature by the governor, as provided by Article III, review by the courts. Section 18 of the Constitution of Louisiana. If vetoed by the governor and (2) For the purposes of this Part the following definitions of pollution shall subsequently approved by the legislature, this Act shall become effective on apply: the day following such approval. (a) “Ashes” includes the solid residue resulting from the combustion of all Approved by the Governor, May 29, 2015. fuels used for heating, cooking, and the production of power in any public or A true copy: private establishment, institution, or residence. Tom Schedler (b) “Garbage” includes all putrescible waste matter except sewage and Secretary of State recognizable industrial byproducts and includes putrescible vegetable ------matter, animal offal, and animal carcasses. (c) “Refuse” includes garbage, rubbish, ashes, animal and vegetable waste ACT No. 35 from animal quarters, and all other waste matter, except sewage, from any - - - public or private establishment, institution, or residence. SENATE BILL NO. 59 (d) “Rubbish” includes all nonputrescible waste matter, except ashes, from BY SENATOR WARD any public or private establishment, institution, or residence. Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of (e) “Untreated sewage” includes animal feces and urine as well as any Louisiana. material contaminated by animal body discharges and waste feed stuff AN ACT which has not been subjected to proper primary treatment. Any such action To amend and reenact R.S. 22:807, relative to withdrawals of deposits; to by the board shall be subject to review by the courts. provide for the withdrawal of deposits by domestic insurers; and to provide H.J.(1) The board shall have full power and authority to cooperate and for related matters. contract with the United States government, or any of its agencies, the state Be it enacted by the Legislature of Louisiana: of Louisiana, or any of its departments, agencies, commissions, districts, Section 1. R.S. 22:807 is hereby amended and reenacted to read as follows: or other political subdivisions, or with any person, firm, partnership, or §807. Withdrawals corporation, with the view of accomplishing the construction, maintenance, Withdrawal of any bond or deposit required by R.S. 22:801 through 808 and operation of pumping facilities and appurtenant pipeline facilities, the may be made only upon approval by the commissioner of insurance and. A purpose of which would be to provide fresh water for said Bayou Lafourche. withdrawal of a bond or deposit required by R.S. 22:801 or this Section shall be In the event that such pumping facilities and appurtenant pipeline facilities in accordance with the provisions of R.S. 22:341. In the case of a domestic are constructed, erected, or installed by the state of Louisiana, the office of insurer placed in rehabilitation or liquidation by the commissioner, the deposit engineering of the Department of Transportation and Development, state required by R.S. 22:808 shall be surrendered to the receiver pursuant to an of Louisiana, the Coastal Protection and Restoration Authority Board, the order of the receivership court. Upon release from rehabilitation or liquidation, board of commissioners for the Lafourche Basin Levee District, the board the insurer shall comply with all applicable provisions of this Part. of commissioners for the Atchafalaya Basin Levee District, the board Section 2. This Act shall become effective upon signature by the governor of commissioners for the Lafourche Parish Water District No. 1 or other or, if not signed by the governor, upon expiration of the time for bills to local interests, and the board of commissioners for the Bayou Lafourche become law without signature by the governor, as provided by Article III, Freshwater Fresh Water District, or any of them, it shall be the obligation of Section 18 of the Constitution of Louisiana. If vetoed by the governor and the board of commissioners for the Bayou Lafourche Fresh Water District, subsequently approved by the legislature, this Act shall become effective on and the board is hereby authorized and directed to operate and maintain the day following such approval. such pumping and pipeline facilities so as to provide an adequate supply of Approved by the Governor, June 5, 2015. fresh water in Bayou Lafourche. A true copy: (2) The board of commissioners for the Bayou Lafourche Fresh Water Tom Schedler District shall also have power and authority to contribute to the cost of Secretary of State construction and installation of such pumping and pipelining facilities from ------any funds available for such purpose. It shall also be the obligation of said the board to operate and maintain such drainage facilities, floodgates, channel improvements, and drainage structures and appurtenances constructed ACT No. 36 with the view of providing fresh water in Bayou Lafourche and facilitating - - - the flow thereof. The board shall have power and authority to contribute to HOUSE BILL NO. 3 the cost of construction of any of the facilities mentioned in this Section. Omnibus Bond I.K. The board of commissioners may implement measures for the will publish in a later edition. abatement of water hyacinths within the water bodies of the parishes of Ascension, Assumption, and Lafourche. J.L. The board of commissioners may develop and implement measures to prevent the intrusion of salt water into the flow of fresh water. ACT No. 37 K.M. The board of commissioners may execute such contracts for the sale - - - or purchase of water pursuant to the authority granted the district in R.S. SENATE BILL NO. 144 33:4164. BY SENATOR DORSEY-COLOMB L.N.(1) With the approval of the Coastal Protection and Restoration Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Authority Board, the board of commissioners, in addition to any other Louisiana. powers and duties provided by law, may establish on its own behalf or for the AN ACT areas under its authority, particularly but not limited to the banks of Bayou To amend and reenact R.S. 22:1266(D)(3)(d)(i) and (4)(b) and 1267(C)(3) and Lafourche, water resources development and integrated coastal protection, to enact R.S. 22:1266(M) and 1267(G), relative to the payment of insurance including but not limited to the studying, engineering, designing, planning, premiums; to provide that certain notices be mailed by an insurer related maintenance, operation, and construction of erosion control measures, to the refund of certain premiums; to provide that certain notices be mailed marsh management, coastal restoration, reservoirs, diversion canals, gravity by an insurance premium finance company related to the refund of certain and pump drainage systems, and other works as such activities, facilities, premiums; to require that an insurance premium finance company cooperate and improvements relate to integrated coastal protection, conservation, with the Department of Insurance when insurance premiums are paid by an water resources development, and saltwater intrusion. To that end and only insurance premium finance company related to a consumer or commercial upon approval of the Coastal Protection and Restoration Authority Board, insurance policy; to require an insurance premium finance company to the board of commissioners may regulate the location, construction, or provide for inspection of certain documents related to a consumer or use of any building or structure within the district, where such building commercial insurance policy that is financed by the insurance premium or structure threatens to interfere with water resources development and finance company; to provide for penalties; and to provide for related matters. integrated coastal protection. Be it enacted by the Legislature of Louisiana: (2) The board of commissioners may enter into contracts or other Section 1. R.S. 22:1266(D)(3)(d)(i) and (4)(b) and 1267(C)(3) are hereby agreements, including cooperative endeavor agreements, with any public or amended and reenacted and R.S. 22:1266(M) and 1267(G) are hereby enacted private person or persons, corporation, association, or other entity, including to read as follows: the Coastal Protection and Restoration Authority Board, the state, and §1266. Automobile, property, casualty, and liability insurance policies; other agencies thereof, public corporations, port authorities, levee districts, cancellations parishes, other political subdivisions, or the United States government or * * * agencies thereof, or any combination thereof, or with the instrumentalities D. * * * of any kind to provide water resources development and integrated coastal (3) * * * 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. (d)(i) Within ten days of the expiration of the ten-day notice, the insurer Section 2. Beginning on the effective date of an agreement between the shall return all funds paid by the producer to the insurer on behalf of the board of the Municipal Employees’ Retirement System and the Local Tax insured, except that when an insurance premium finance company has Division of the Board of Tax Appeals, the Local Tax Division judge and all funded an insured’s policy, the insurer shall return those funds directly to employees who are compensated exclusively by the Local Tax Division, who the insurance premium finance company. These funds shall be returned are appointed or hired on or after the effective date of such an agreement, by check or other negotiable instrument and shall not be placed on the and who fulfill the definition of “employee” provided in R.S. 11:1732(13) producer’s or premium finance company’s account currents unless the shall participate in and contribute to the Municipal Employees’ Retirement producer or premium finance company and the insurer have agreed to System. Any Local Tax Division judge or employee who is compensated other methods for handling these funds. Funds received by the insurance exclusively by the Local Tax Division of the Board of Tax Appeals, who is on premium finance company in excess of the amount funded by the insurance the payroll of the Local Tax Division on the effective date of an agreement premium finance company shall be forwarded to the producer. When funds for participation, and who fulfills the definition of “employee” provided are returned to the premium finance company by an insurer, the insurer shall in R.S. 11:1732(13) may make an irrevocable election to participate in and also mail a copy of the check or other negotiable instrument to the insured at contribute to the Municipal Employees’ Retirement System. the insured’s last-known address. Section 3. 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 (4) * * * become law without signature by the governor, as provided by Article III, (b) When an insurance premium finance company has funded an insured’s Section 18 of the Constitution of Louisiana. If vetoed by the governor and policy and the policy is cancelled, the insurer shall return the funds subsequently approved by the legislature, this Act shall become effective on directly to the insurance premium finance company. Any funds received by the day following such approval. the insurance premium finance company in excess of the amount owed to Approved by the Governor, June 5, 2015. the insurance premium finance company by the insured shall be forwarded A true copy: to the producer to be returned to the insured, and the insurance premium Tom Schedler finance company shall also mail to the insured a copy of the check or other Secretary of State negotiable instrument representing the amount of the payment. The insurer ------shall not withhold any more funds from the insurance premium finance company than would otherwise be withheld from the insured. No insurer ACT No. 39 shall assess a service charge for this transaction. - - - * * * HOUSE BILL NO. 12 M.(1) An insurance premium finance company that finances any part of an BY REPRESENTATIVES BROWN AND FANNIN AND SENATORS insurance policy governed by this Section shall cooperate with the department GALLOT, KOSTELKA, AND LONG in any investigation regarding such insurance policy. AN ACT (2) Upon request by the department, the insurance premium finance company To enact R.S. 47:302.55, 322.48, and 332.54, relative to the disposition of shall make available to the department all documents, correspondence, and certain sales tax collections in Grant Parish; to establish the Grant Parish cancellation notices related to the insurance policy that is the subject of an Economic Development Fund as a special fund in the state treasury; to investigation as provided in Paragraph (1) in this Subsection that have been provide for the deposit of monies in the fund; to provide for the use of such received or sent by the insurance premium finance company. monies; to provide for an effective date; and to provide for related matters. (3) An insurance premium finance company that violates any provision of this Be it enacted by the Legislature of Louisiana: Section shall be subject to the monetary penalties provided for in R.S. 22:13(A). Section 1. R.S. 47:302.55, 322.48, and 332.54 are hereby enacted to read as §1267. Commercial insurance; cancellation and renewal follows: * * * §302.55. Disposition of certain collections in Grant Parish C. * * * A. The avails of the tax imposed by this Chapter from the sale of services (3) Nothing in this Section shall require an An insurer to shall provide as defined in R.S. 47:301(14)(a) in Grant Parish under the provisions of R.S. a notice of cancellation or a statement of reasons for cancellation where 47:302(C) shall be credited to the Bond Security and Redemption Fund, and cancellation for nonpayment of premium is effected by a premium finance after a sufficient amount is allocated from that fund to pay all the obligations agency company or other entity pursuant to a power of attorney or other secured by the full faith and credit of the state which become due and agreement executed by or on behalf of the insured. payable within any fiscal year, the treasurer shall pay the remainder of such * * * funds into a special fund which is hereby created in the state treasury and G.(1) An insurance premium finance company that finances any part of an designated as the “Grant Parish Economic Development Fund”. insurance policy governed by this Section shall cooperate with the department B. The monies in the Grant Parish Economic Development Fund shall be in any investigation regarding such insurance policy. subject to an annual appropriation by the legislature. All unexpended and (2) Upon request by the department, the insurance premium finance company unencumbered monies remaining in the fund at the end of the fiscal year shall make available to the department all documents, correspondence, and shall remain in the fund. The monies in the fund shall be invested by the cancellation notices related to the insurance policy that have been received or treasurer in the same manner as the monies in the state general fund, and sent by the insurance premium finance company. all interest earned shall be deposited into the state general fund. (3) An insurance premium finance company that violates any provision of this C. Monies appropriated from the fund shall be available for use by the Section shall be subject to the monetary penalties provided for in R.S. 22:13(A). Grant Parish Police Jury for promoting tourism in Grant Parish. Approved by the Governor, June 5, 2015. * * * A true copy: §322.48. Disposition of certain collections in Grant Parish Tom Schedler The avails of the tax imposed by R.S. 47:321 from the sales of services as Secretary of State defined in R.S. 47:301(14)(a) in Grant Parish under the provisions of R.S. ------47:321(C) and 322, as applicable, shall be credited to the Bond Security and Redemption Fund, and after a sufficient amount is allocated from that fund ACT No. 38 to pay all of the obligations secured by the full faith and credit of the state - - - which become due and payable within any fiscal year, the treasurer shall pay HOUSE BILL NO. 9 the remainder of such funds into the Grant Parish Economic Development BY REPRESENTATIVE HILL Fund as provided in and subject to the provisions of R.S. 47:302.55. AN ACT * * * To enact R.S. 11:1732(14)(a)(ix), relative to participation in the Municipal §332.54. Disposition of certain collections in Grant Parish Employees’ Retirement System; to authorize participation by certain The avails of the tax imposed by R.S. 47:331 from the sales of services as employers; to provide employee qualifications for such participation; and defined in R.S. 47:301(14)(a) in Grant Parish under the provisions of R.S. to provide for related matters. 47:331(C) and 332 shall be credited to the Bond Security and Redemption Notice of intention to introduce this Act has been published as provided by Fund, and after a sufficient amount is allocated from that fund to pay all the Article X, Section 29(C) of the Constitution of Louisiana. obligations secured by the full faith and credit of the state which become due Be it enacted by the Legislature of Louisiana: and payable within any fiscal year, the treasurer shall pay the remainder of Section 1. R.S. 11:1732(14)(a)(ix) is hereby enacted to read as follows: such funds into the Grant Parish Economic Development Fund as provided §1732. Definitions in and subject to the provisions of R.S. 47:302.55. The following words and phrases, as used in this Chapter, unless a different Section 2. This Act shall become effective on July 1, 2015; if vetoed by mea nin g is plainly required by t he contex t , shall have t he followin g mea nin g: the governor and subsequently approved by the legislature, this Act shall * * * become effective on July 1, 2015, or on the day following such approval by the (14)(a) “Employer” or “participating employer” shall mean: legislature, whichever is later. * * * Approved by the Governor, June 5, 2015. (ix) Notwithstanding any provision of law to the contrary, the Local Tax A true copy: Division of the Board of Tax Appeals, pursuant to an agreement with the Tom Schedler board. Secretary of State * * * ------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. ACT No. 40 A. If the services as an employee or clerk of court of any member hired - - - on or before December 31, 2010, who has twelve or more years of credited HOUSE BILL NO. 18 service are terminated prior to the time the member becomes fifty‑five years BY REPRESENTATIVE JONES of age, the former member may leave his contributions in the fund, and AN ACT upon attaining the age of fifty‑five years, he shall be eligible for a regular To enact R.S. 1:55(E)(1)(g), relative to legal holidays; to establish the Friday retirement benefit. of the Black Bear Festival as a legal holiday in the parish of St. Mary; to B. If the services as an employee or clerk of court of any member hired on authorize the clerk of court of the Sixteenth Judicial District Court to or after January 1, 2011, who has twelve or more years of credited service close the clerk’s office in observance of the legal holiday; to provide for an are terminated prior to the time the member becomes sixty years of age, the exception; and to provide for related matters. former member may leave his contributions in the fund, and upon attaining Be it enacted by the Legislature of Louisiana: the age of sixty years, he shall be eligible for a regular retirement benefit. Section 1. R.S. 1:55(E)(1)(g) is hereby enacted to read as follows: Section 2. This Act shall become effective upon signature by the governor §55. Days of public rest, legal holidays, and half‑holidays 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, E.(1) Section 18 of the Constitution of Louisiana. If vetoed by the governor and * * * subsequently approved by the legislature, this Act shall become effective on (g) In addition, in the parish of St. Mary, the Friday of the Black Bear the day following such approval. Festival shall be a legal holiday for the purpose of authorizing the clerk Approved by the Governor, June 5, 2015. of court of the Sixteenth Judicial District Court in the parish of St. Mary A true copy: to close offices in observance of that day, unless there is an election that Tom Schedler requires the office to remain open. Secretary of State * * * ------Approved by the Governor, June 5, 2015. A true copy: ACT No. 43 Tom Schedler - - - Secretary of State HOUSE BILL NO. 44 ------BY REPRESENTATIVE MILLER AN ACT ACT No. 41 To enact R.S. 11:2225.4, relative to the Municipal Police Employees’ - - - Retirement System; to provide with respect to unfunded accrued liability HOUSE BILL NO. 26 of the system; to provide for payment by certain employers in certain BY REPRESENTATIVE MILLER circumstances; to provide for calculation and payment of amounts due; AN ACT to provide for collection of past due amounts; and to provide for related To amend and reenact R.S. 33:1236.26(A), relative to the governing authorities matters. of the parishes of St. Charles and St. John the Baptist; to provide with Notice of intention to introduce this Act has been published as provided by respect to notification to property owners of violations of grass cutting Article X, Section 29(C) of the Constitution of Louisiana. ordinances; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Notice of intention to introduce this Act has been published as provided by Section 1. R.S. 11:2225.4 is hereby enacted to read as follows: Article III, Section 13 of the Constitution of Louisiana. §2225.4. Unfunded accrued liability; payment by employer Be it enacted by the Legislature of Louisiana: A.(1) If any employer participating in the system dissolves its police Section 1. R.S. 33:1236.26(A) is hereby amended and reenacted to read as department and contracts for police services with another entity, the follows: employer shall remit to the system, as further provided in this Subsection, §1236.26. Powers of the governing authorities of Pointe Coupee Parish, St. that portion of the unfunded accrued liability existing on the June thirtieth Charles Parish, and St. Landry Parish; nuisance ordinance regarding grass immediately prior to the date of dissolution of the police department, and obnoxious weeds; notice required attributable to such employer. The amount due pursuant to the provisions of A. The governing authorities of the parishes of Pointe Coupee, St. Charles, this Paragraph shall include interest at the system’s valuation interest rate. and St. Landry may amend ordinances to compel property owners to cut (2) If a participating employer does not dissolve its police department but grass and obnoxious weeds on their property without the notice required in the salaries upon which contributions are made by an employer to the system R.S. 33:1236(21)(a)(i) if the property owner liable has been notified pursuant for a fiscal year are less than seventy percent of the salaries upon which to said that Item at any time during the immediately preceding twelve contributions were made to the system for the employer’s immediately prior months and has failed to do the work himself after an opportunity to do so. fiscal year, then the employer shall be deemed to have partially dissolved its * * * police department and shall be liable for a pro rata portion of the system’s Section 2. R.S. 33:1236.26(A) is hereby amended and reenacted to read as unfunded accrued liability. The portion shall be calculated by applying the follows: percentage decrease in the employer’s fiscal year over fiscal year salaries §1236.26. Powers of the governing authorities of Pointe Coupee Parish, upon which contributions are made to the total payment that would have St. John the Baptist Parish, and St. Landry Parish; nuisance ordinance been required pursuant to the provisions of Paragraph (1) of this Subsection regarding grass and obnoxious weeds; notice required if the employer had dissolved its police department. Payments required A. The governing authorities of the parishes of Pointe Coupee, St. John pursuant to the provisions of this Paragraph shall include interest at the the Baptist, and St. Landry may amend ordinances to compel property system’s valuation interest rate. owners to cut grass and obnoxious weeds on their property without the B. Any amount due pursuant to Subsection A of this Section shall be notice required in R.S. 33:1236(21)(a)(i) if the property owner liable has determined by the actuary employed by the system and shall be paid either been notified pursuant tosaid that Item at any time during the immediately in a lump sum or amortized over ten years in equal monthly payments with preceding twelve months and has failed to do the work himself after an interest at the system’s valuation interest rate in the same manner as regular opportunity to do so. payroll payments to the system, at the option of the employer. * * * C. If an employer fails to make a payment timely, the amount due shall be Approved by the Governor, June 5, 2015. collected in any of the following manners: A true copy: (1) By action in a court of competent jurisdiction against the delinquent Tom Schedler employer. The amount due shall include interest calculated at the system’s Secretary of State actuarial valuation rate, compounded annually. ------(2) The board may certify to the state treasurer all amounts attributable to the delinquent employer. In support of such certification, the board shall ACT No. 42 submit to the treasurer a resolution certifying the name of the delinquent - - - employer, its failure to pay, and the amount owed and shall name a designee HOUSE BILL NO. 27 or designees to act on the board’s behalf. Upon receipt of such certification, BY REPRESENTATIVE MILLER the treasurer shall deduct from monies payable to the certified delinquent AN ACT party the certified amount due and shall remit such deducted amounts To amend and reenact R.S. 11:1528, relative to deferred retirement benefits directly to the Municipal Police Employees’ Retirement System. from the Clerks of Court Retirement and Relief Fund; to provide relative to D. For t he pu r p o s e s of t h i s S e c t ion , t he t er m “employer ” sh a l l h ave t he s a me the qualifications for such retirement for certain members; and to provide meaning as provided in R.S. 11:2213 and shall include any municipality that for related matters. terminates participation in the system by dissolving its police department Notice of intention to introduce this Act has been published as provided by pursuant to Subsection A of this Section. Article X, Section 29(C) of the Constitution of Louisiana. Section 2. This Act shall become effective upon signature by the governor Be it enacted by the Legislature of Louisiana: or, if not signed by the governor, upon expiration of the time for bills to Section 1. R.S. 11:1528 is hereby amended and reenacted to read as follows: become law without signature by the governor, as provided by Article III, §1528. Deferred retirement Section 18 of the Constitution of Louisiana. If vetoed by the governor and 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. subsequently approved by the legislature, this Act shall become effective on become law without signature by the governor, as provided by Article III, the day following such approval. Section 18 of the Constitution of Louisiana. If vetoed by the governor and Approved by the Governor, June 5, 2015. subsequently approved by the legislature, this Act shall become effective on A true copy: the day following such approval. Tom Schedler Approved by the Governor, June 5, 2015. Secretary of State A true copy: ------Tom Schedler Secretary of State ACT No. 44 ------HOUSE BILL NO. 46 ACT No. 45 BY REPRESENTATIVES REYNOLDS, ARNOLD, BERTHELOT, BROWN, - - - BURRELL, CARTER, COX, FOIL, GISCLAIR, GUILLORY, HARRISON, HOUSE BILL NO. 79 HENRY, HILL, HOFFMANN, HOLLIS, HOWARD, HUNTER, IVEY, BY REPRESENTATIVE BURFORD JACKSON, MIKE JOHNSON, JONES, MILLER, MONTOUCET, NORTON, AN ACT OURSO, PRICE, RICHARD, SCHEXNAYDER, AND TALBOT To amend and reenact R.S. 40:4.9(D), relative to certain foods prepared in AN ACT the home for sale; to provide relative to requirements for preparers of food To amend and reenact R.S. 11:586(A)(introductory paragraph) and (B), 587, in the home for sale; to exempt sellers of home-produced raw honey from 589, 590(B) and (C), and 591(A), relative to benefits for children of certain a food labeling requirement; to provide relative to registration by certain wildlife agents in the enforcement division of the Department of Wildlife sellers for the collection of local sales and use taxes; and to provide for and Fisheries, to authorize receipt of benefits, in certain circumstances, related matters. after a child reaches majority; to provide relative to the marital status Be it enacted by the Legislature of Louisiana: of such child and his eligibility for benefits; and to provide for related Section 1. R.S. 40:4.9(D) is hereby amended and reenacted to read as matters. follows: Notice of intention to introduce this Act has been published as provided by §4.9. Low‑risk foods; preparation in home for public consumption Article X, Section 29(C) of the Constitution of Louisiana. * * * Be it enacted by the Legislature of Louisiana: D.(1)(a) Any Except as provided in Subparagraph (b) of this Paragraph, any Section 1. R.S. 11:586(A)(introductory paragraph) and (B), 587, 589, 590(B) individual who prepares low‑risk foods in the home for sale, as authorized and (C), and 591(A) are hereby amended and reenacted to read as follows: by this Section, shall affix to any such food offered for sale a label which §586. Death benefits of minor children clearly indicates that the food was not produced in a licensed or regulated A. If there is no surviving spouse to receive the pension due a widow of facility. any member under R.S. 11:585, the minor children under eighteen years of (b) The food labeling requirement in Subparagraph (a) of this Paragraph age of the deceased member, if any, shall receive a monthly pension in the shall not apply to raw honey offered for sale if the honey is not pasteurized, proportions set out herein as follows: filtered, or otherwise processed in such a way as to remove natural pollen * * * contained in the honey. B. As each child reaches eighteen years of age When a child no longer (2) No individual who prepares low‑risk foods in the home shall sell such meets the definition of minor child as provided in R.S. 11:403, he shall foods unless he has applied for and been issued all of the following: receive no further benefits and the monthly pension shall be reduced by the (a) A Louisiana General Sales Tax Certificate from the Louisiana amount previously paid to him. Department of Revenue. §587. Death benefits of parents (b) A local sales tax certificate from the local taxing authority of any If there is no surviving spouse and no minor children under eighteen, a jurisdiction in which he intends to sell foods is registered to collect any monthly pension of twenty‑five percent of the average compensation of the local sales and use taxes that are applicable to the sale of such foods, as deceased member shall be paid to the parent or parents of the deceased evidenced by a current sales tax certificate issued to the seller by the sales member, if they, or either of them, derived their main support from the and use tax collector for the parish in which the sales occur. member. * * * * * * Approved by the Governor, June 5, 2015. §589. Death before age fifty‑five A true copy: The surviving spouse, the minor children under eighteen years of age, Tom Schedler or the dependent parents of any member who dies prior to attaining age Secretary of State fifty‑five and whose death occurs other than in the line of duty, but who at ------the time of death had at least fifteen years of service credit, shall be entitled to the same pension rights to which said member would have been entitled had he, at the time of death, retired in accordance with the provisions of R.S. ACT No. 46 11:582, but computed solely on the basis of the number of years of service to - - - his credit and without regard to his attained age at time of death. HOUSE BILL NO. 663 §590. Forfeiture for remarriage Ancillary Appropriations * * * will publish in a later edition. B. If there are minor children under eighteen years of age, the pension previously paid to the widow, or the portion thereof to which the deceased member’s minor children under eighteen years of age are entitled under the ACT No. 47 provisions of this Subpart, shall be paid to the children in the same manner - - - and for the same length of time as provided in R.S. 11:586 for the payment of HOUSE BILL NO. 85 pensions to children. BY REPRESENTATIVES MILLER, GAINES, PRICE, SCHEXNAYDER, C. If there are no minor children under eighteen years of age, the parent AND WILLMOTT AND SENATORS BROWN AND GARY SMITH or parents of the deceased member who derived their main support from AN ACT him shall receive the pension provided for them under the provisions of R.S. To amend and reenact R.S. 17:1994(B)(28), relative to the Louisiana Technical 11:587. College; to change the designation of a campus in St. John the Baptist §591. Death of retired member Parish; and to provide for related matters. A. The surviving spouse, the minor children under eighteen years of age, Be it enacted by the Legislature of Louisiana: or the dependent parents of any retired member who dies shall receive as a Section 1. R.S. 17:1994(B)(28) is hereby amended and reenacted to read as pension seventy‑five percent of the monthly retirement pay which was being follows: paid to the member prior to his death, in the following order of priority: §1994. Regional coordination and planning of postsecondary vocational- (1) The surviving spouse. technical education; establishment and composition of regions (2) The minor children of the deceased member who are under eighteen * * * years of age, in the same manner and for the same length of time as provided B. The postsecondary vocational-technical schools under the jurisdiction in R.S. 11:588. of the board, or its successor, shall be named and designated as follows: (3) The parents of the deceased, if they furnish to the board satisfactory * * * proof that they were deriving their main support from the deceased member. (28) Louisiana Technical College - River Parishes Reserve Campus * * * * * * Section 2. The cost of this Act, if any, shall be funded with additional Approved by the Governor, June 5, 2015. employer contributions in compliance with Article X, Section 29(F) of the A true copy: Constitution of Louisiana. Tom Schedler Section 3. This Act shall become effective upon signature by the governor Secretary of State or, if not signed by the governor, upon expiration of the time for bills to ------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. ACT No. 48 ACT No. 50 ------HOUSE BILL NO. 97 HOUSE BILL NO. 131 BY REPRESENTATIVE CHANEY BY REPRESENTATIVE BERTHELOT AN ACT AN ACT To authorize and provide for the transfer of certain state property; to To amend and reenact R.S. 18:1300.13(B)(2), relative to public officers who authorize the transfer of certain state property in Richland Parish; to have been recalled and removed from office; to provide that certain public provide for the property description; to provide for reservation of mineral officers who have been recalled and removed from office are ineligible to rights; to provide terms and conditions; to provide an effective date; and to become candidates in certain elections; and to provide for related matters. provide for related matters. Be it enacted by the Legislature of Louisiana: Be it enacted by the Legislature of Louisiana: Section 1. R.S. 18:1300.13(B)(2) is hereby amended and reenacted to read Section 1. The commissioner of administration, notwithstanding any as follows: other provision of law to the contrary, is hereby authorized and empowered §1300.13. Declaration of vacancy; prohibitions to convey, transfer, assign, lease or deliver any interest, excluding mineral * * * rights, the state may have to all or any portion of the following described B. parcel of property to Gerald L. Brown and Jacquelyn Brown: * * * Property acquired by the State through that certain tax sale for nonpayment (2)(a) A public officer who has been recalled and removed from office shall of 1936 taxes assessed in the name of A. L. Price, recorded on December 7, be ineligible as a candidate at an election called to fill the vacancy created 1937, in Book 85 Page 56 et seq, described as a 5 acre tract situated in the by the recall of such public officer. northwest corner of the southeast quarter of Section 15, Township 15 North (b) If the recalled public officer was removed from office as a member of Range 6 East, being part of the Leroy Colman Estate, and more particularly the governing authority of a municipality governed by Part I of Chapter 2 of described as follows: Beginning at point “A” an iron pipe marking the center Title 33 of the Louisiana Revised Statutes of 1950, he shall also be ineligible of Section 15, Township 15 North Range 6 East, thence East 460’ to point “B” as a candidate at an election to fill a vacancy on the governing authority that an iron pipe; thence South 473.478’ to Point “C” an iron pipe; thence West is held prior to the next regularly scheduled election for members of the 460’ to point “D” an iron pipe in the fence; thence North 473.478’ to point of governing authority following the recall of the public officer. beginning. Approved by the Governor, June 5, 2015. Section 2. The commissioner of administration is hereby authorized to A true copy: enter into such agreements, covenants, conditions, and stipulations and to Tom Schedler execute such documents as necessary to properly effectuate any conveyance, Secretary of State transfer, assignment, lease or delivery of title, excluding mineral rights, to ------the property described in Section 1 of this Act, and as more specifically described in any such agreements entered into and documents executed ACT No. 51 by and between the commissioner of administration and Gerald L. Brown - - - and Jacquelyn Brown, in exchange of consideration proportionate to the HOUSE BILL NO. 134 appraised value of the property. In the event that the agreement authorized BY REPRESENTATIVE FANNIN by this Section is not entered into on or before December 31, 2018, the AN ACT authorization to convey, transfer, assign, lease, or deliver any interest in To amend and reenact R.S. 13:4751(C)(2), relative to petitions for the name that property pursuant to this Act shall terminate and be null and void on change of a minor; to provide relative to persons entitled to service of the that date and thereafter. petition and persons entitled to consent to a name change; and to provide Section 3. This Act shall become effective upon signature by the governor for related matters. or, if not signed by the governor, upon expiration of the time for bills to Be it enacted by the Legislature of Louisiana: become law without signature by the governor, as provided by Article III, Section 1. R.S. 13:4751(C)(2) is hereby amended and reenacted to read as Section 18 of the Constitution of Louisiana. If vetoed by the governor and follows: subsequently approved by the legislature, this Act shall become effective on §4751. Petition for name change; adults; minors the day following such approval. * * * Approved by the Governor, June 5, 2015. C. If the person desiring such change is a minor or if the parents or parent A true copy: or the tutor of the minor desire to change the name of the minor: Tom Schedler * * * Secretary of State (2) If one parent has been granted custody of the minor by a court of ------competent jurisdiction, the consent of the other parent is not necessary under either of the following circumstances: ACT No. 49 (a) The parental rights of the other parent have been terminated. - - - (b) if the The other parent has been served with a copy of the petition and HOUSE BILL NO. 103 any of the following exists: BY REPRESENTATIVE ADAMS (a)(i) The other parent has refused or failed to comply with a court order AN ACT of support for a period of one year. To enact R.S. 15:1314(A)(4), relative to electronic surveillance; to provide (b)(ii) The other parent has failed to support the child for a period of three relative to obtaining a court order to use electronic surveillance years after judgment awarding custody to the parent signing the petition. equipment; to authorize the attorney general and certain employees of the (c)(iii) The other parent is not paying support and has refused or failed to office of the attorney general to apply for a court order to use electronic visit, communicate, or attempt to communicate with the child without just surveillance equipment; and to provide for related matters. cause for a period of two years. Be it enacted by the Legislature of Louisiana: * * * Section 1. R.S. 15:1314(A)(4) is hereby enacted to read as follows: Approved by the Governor, June 5, 2015. §1314. Application for an order for a pen register or a trap and trace device A true copy: A. An investigative or law enforcement officer may make application Tom Schedler for an order or an extension of an order under R.S. 15:1315 to a court of Secretary of State competent jurisdiction authorizing or approving the installation and use of ------a pen register or a trap and trace device under this Part, in writing under oath or equivalent affirmation, to a court of competent jurisdiction of this ACT No. 52 state. For the purposes of R.S. 15:1313 through 1316 only, “investigative or - - - law enforcement officer” means: HOUSE BILL NO. 145 * * * BY REPRESENTATIVE BURFORD (4) The attorney general or an attorney general’s investigator who has AN ACT been specifically designated by the attorney general as responsible for To enact R.S. 40:1502.16, relative to the assessment of service charges by preparation of applications for installation and use of pen register or trap the governing authority of DeSoto Parish Fire Protection District No. 3; to and trace devices. authorize such service charges, subject to voter approval; to provide with * * * respect to the collection of the service charges and the enforcement of the Approved by the Governor, June 5, 2015. collection; and to provide for related matters. A true copy: Notice of intention to introduce this Act has been published as provided by Tom Schedler Article III, Section 13 of the Constitution of Louisiana. Secretary of State Be it enacted by the Legislature of Louisiana: ------Section 1. R.S. 40:1502.16 is hereby enacted to read as follows: §1502.16. Service charge authorized for DeSoto Parish; assessment and collection

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. A. In addition to the authority granted pursuant to R.S. 40:1502, the hotel rooms located within the town. The hotel occupancy tax shall not governing authority of DeSoto Parish Fire Protection District No. 3 may exceed four percent of the rent or fee charged for such occupancy. establish a service charge or rates of service charges to be assessed persons (2) The word “hotel” as used in this Section shall mean and include any owning each residential or commercial structure, whether occupied or establishment, public or private, engaged in the business of furnishing or unoccupied, located wholly or partly within the boundaries of the fire providing rooms or overnight camping facilities intended or designed for protection district, subject to the provisions of Subsection B of this Section. dwelling, lodging, or sleeping purposes to transient guests where such For purposes of this Section, each residential or commercial unit in a establishment consists of two or more guest rooms and does not encompass structure and each housing unit within a multiple dwelling structure shall any hospital, convalescent or nursing home or sanitarium, or any hotel- be considered a separate structure, and a mobile home, as defined in R.S. like facility operated by or in connection with a hospital or medical clinic 9:1149.2, shall be considered a structure. Such service charges or rates of providing rooms exclusively for patients and their families. service charges shall be framed so as to cover and shall be used for the (3) The person who exercises or is entitled to occupancy of the hotel room costs of any or all fire protection and emergency medical transportation and shall pay the hotel occupancy tax at the time the rent or fee for occupancy emergency services incidental thereto. is paid. “Person” as used herein shall have the same definition as that B. Service charges or rates of service charges so established shall be contained in R.S. 47:301(8). assessed by resolution of the governing authority of the fire protection B. The governing authority of Duson shall impose the hotel occupancy district; however, the resolution assessing the service charges shall be tax by ordinance or resolution. The governing authority may adopt such adopted by the governing authority only after the question of the assessment ordinance or resolution only after a proposition authorizing the levy of the and the amount of the service charges or rates of service charges to be tax has been approved by a majority of the electors of the town voting at an established have been submitted to and approved by a majority of electors election held for that purpose in accordance with the Louisiana Election of the district voting at an election held for that purpose. Such election shall Code. The governing authority may provide in the ordinance or resolution be conducted in accordance with the election laws of the state and shall be necessary and appropriate rules and regulations for the imposition, held at the same time that an election authorized by the provisions of R.S. collection, and enforcement of the hotel occupancy tax. 18:402 is held. C. The governing authority may enter into a contract with any public entity C.(1) The governing authority of the fire protection district assessing a authorized to collect sales or use taxes, under such terms and conditions service charge or rates of service charges as provided in this Section may as it may deem appropriate including payment of a reasonable collection also use any reasonable means to collect and enforce the collection of such fee for the collection of the hotel occupancy tax authorized by this Section. service charges, including any means authorized by law for the collection The hotel occupancy tax shall be in addition to all taxes levied upon the of taxes. Such means shall include the assessor carrying the fire protection occupancy of hotel rooms located within the town. service charges on the tax rolls for DeSoto Parish and the sheriff of DeSoto D. Except as provided in Subsection C of this Section, the governing Parish collecting such service charges at the same time as ad valorem authority of the town shall use the proceeds of the tax to fund economic taxes are collected and with the same authority with which such taxes are development, the promotion of tourism, and related infrastructure within collected. If any fire protection service charge becomes delinquent and the town. unpaid, the sheriff shall send a “Final Notice” to the delinquent property Approved by the Governor, June 5, 2015. owner by registered or certified mail. The sheriff shall also publish notice A true copy: of the pending delinquent property sale in the parish journal, setting Tom Schedler forth the names and addresses of the delinquent property owners and Secretary of State the date and place of the sale to enforce collection, and he shall enforce ------the collection in the same manner as ad valorem taxes are collected. The governing authority may compensate the sheriff and the tax assessor for ACT No. 54 such collection upon mutual agreement of the governing authority and the - - - sheriff and tax assessor. HOUSE BILL NO. 155 (2)(a) The governing authority of the district may also place liens for fire BY REPRESENTATIVE DANAHAY protection service charges upon the structure subject to the charge, upon AN ACT the building, if any, in which the structure is located if it is owned by the To authorize and provide for the transfer of certain state property; to owner of the structure, and upon the lot of ground not exceeding one acre authorize the transfer of certain state property in Calcasieu Parish; to on which the structure is situated if such lot of ground belongs to the person provide for the property description; to provide for reservation of mineral who owns such structure; however, if such structure or building is owned rights; to provide terms and conditions; to provide an effective date; and to by a lessee of the lot of ground, the lien shall exist only against the lease provide for related matters. and shall not affect the owner of the lot. Such lien shall be placed upon Be it enacted by the Legislature of Louisiana: property only if the owner of a structure refuses to pay the service charges Section 1. The commissioner of administration, notwithstanding any when requested to do so by the governing authority within thirty days after other provision of law to the contrary, is hereby authorized and empowered receipt by the owner of such a request by registered or certified letter. to convey, transfer, assign, lease, or deliver any interest, excluding mineral (b) The governing authority may file a statement reflecting the amount of rights, the state may have to all or any portion of the following described the unpaid charges in the mortgage office of the parish, which, when so filed parcel of property to William Marcantel and Sarah Marcantel: and recorded, shall operate as a lien and privilege in favor of the district All of the following properties are situated in Calcasieu Parish, Section against property as provided by this Subsection. 11, Township 9 South, Range 11 West and are within what is known as the (c) Such fire protection and emergency service charge obligations shall “Hewitt Sub Tract”. prime all other liens, mortgages, and privileges against the property, except those for taxes and prior recorded local and special assessments. Description of Adjudicated to Adjudicated for Nonpayment (d) In addition, the governing authority of the district may recover the Property: State in Name of: of Taxes for Year: unpaid charges, together with all costs of court and attorney fees, by ordinary process in the Forty-Second Judicial District Court. Block 1, Lot 23 R.F. Wilson 1918, 1927, and 1928 (e) The governing authority may also provide, by resolution for interest Block 1, Lot 120 Peter Winterhurst 1921 on the unpaid charges, which shall be paid prior to cancellation of the lien. Block 2, Lots 6-7 H.E. Severs 1922 Approved by the Governor, June 5, 2015. Block 2, Lots 15-19 Fred W. Bailey 1918 A true copy: Block 2, Lots 79-83 W.C. Chappelow 1918 Tom Schedler Block 2, Lots 90-99 F.H. Putnam 1924 Secretary of State Block 3, Lots 12-14 Nora C. Kearns 1922 ------Block 3, Lot 96 Nora C. Kearns 1922 Block 3, Lots 73-74 Marie B. Coleman 1941 ACT No. 53 Block 3, Lots 114-116 F.W. Richards 1932 - - - Block 4, Lots 51-55 R.F. Dowell 1920 HOUSE BILL NO. 147 Block 4, Lots 93-95 H.A. Pargman 1918 BY REPRESENTATIVE MONTOUCET Block 4, Lots 96-98 William Kalasch 1918 AN ACT Block 4, Lots 101-102 William Kalasch 1918 To enact R.S. 47:338.215, relative to the town of Duson; to authorize the town Block 5, Lot 116 J.H. Seigle 1919 to levy a hotel occupancy tax; to provide for the use of tax revenues; and to Block 6, Lots 73-82 Matilda Bruns 1919 provide for related matters. Block 8, Lots 20-22 Fred T. Rupert 1918 Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana. Section 2. The commissioner of administration is hereby authorized to Be it enacted by the Legislature of Louisiana: enter into such agreements, covenants, conditions, and stipulations and to Section 1. R.S. 47:338.215 is hereby enacted to read as follows: execute such documents as necessary to properly effectuate any conveyance, §338.215. Town of Duson; hotel occupancy tax; authorization transfer, assignment, lease, or delivery of title, excluding mineral rights, A.(1) In addition to any other tax levied and collected, the governing to the property described in Section 1 of this Act, and as more specifically authority of Duson may levy and collect a tax upon the paid occupancy of described in any such agreements entered into and documents executed by THE ADVOCATE * 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. and between the commissioner of administration and William Marcantel The provisions of this Part shall terminate on January 1, 2022, and and Sarah Marcantel, in exchange of consideration proportionate to the thereafter shall be null, void, and without effect. appraised value of the property. In the event that the agreement authorized Section 2. The Louisiana State Law Institute is hereby authorized to by this Section is not entered into on or before December 31, 2018, the redesignate the number of any Section of statute enacted by this Act in a authorization to convey, transfer, assign, lease, or deliver any interest in manner that comports with the technical recodification provisions of House that property pursuant to this Act shall terminate and be null and void on Concurrent Resolution No. 84 of this 2015 Regular Session of the Legislature. that date and thereafter. Section 3. This Act shall become effective upon signature by the governor Section 3. 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 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, 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 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on subsequently approved by the legislature, this Act shall become effective on the day following such approval. the day following such approval. Approved by the Governor, June 5, 2015. Approved by the Governor, June 5, 2015. A true copy: A true copy: Tom Schedler Tom Schedler Secretary of State Secretary of State ------

ACT No. 55 ACT No. 56 ------HOUSE BILL NO. 158 HOUSE BILL NO. 800 BY REPRESENTATIVES HOFFMANN AND LEGER Supplemental Appropriations AN ACT will publish in a later edition. To enact Part LXXX of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 40:1300.431 through 1300.435, relative to smoking cessation programs and services; to provide for online publication ACT No. 57 by the Department of Health and Hospitals of certain information - - - concerning smoking cessation; to provide for duties of the secretary of the HOUSE BILL NO. 178 Department of Health and Hospitals relative to coordination of certain BY REPRESENTATIVE DOVE departmental programs with programs of the Smoking Cessation Trust; to AN ACT provide for a termination date; and to provide for related matters. To amend and reenact R.S. 38:291(U)(1), relative to the Terrebonne Levee Be it enacted by the Legislature of Louisiana: and Conservation District; to provide for the transfer of certain land in the Section 1. Part LXXX of Chapter 5 of Title 40 of the Louisiana Revised possession of the Atchafalaya Basin Levee District for certain purposes Statutes of 1950, comprised of R.S. 40:1300.431 through 1300.435, is hereby to the Terrebonne Levee and Conservation District; and to provide for enacted to read as follows: related matters. PART LXXX. PUBLIC INFORMATION Notice of intention to introduce this Act has been published as provided by CONCERNING SMOKING CESSATION Article III, Section 13 of the Constitution of Louisiana. §1300.431. Legislative findings; purpose Be it enacted by the Legislature of Louisiana: A. The legislature hereby finds and declares the following: Section 1. R.S. 38:291(U)(1) is hereby amended and reenacted to read as (1) Cigarette smoking is a leading cause of preventable death in our state follows: and nation. §291. Naming; limits of districts; composition of boards (2) Though smoking-related illnesses and deaths and their associated * * * human and economic costs are a devastating public health problem across U. Terrebonne Levee and Conservation District. (1) On July 1, 1997, and the United States, and billions of dollars from sources such as cigarette continuing thereafter, all lands in the parish of Terrebonne shall constitute taxes and tobacco-related legal settlements are available to states for a levee district to be known as the Terrebonne Levee and Conservation preventing and controlling tobacco use, only a fraction of these funds is put District. These lands and all property thereon situated, not exempt from to this public health service, and state spending on tobacco prevention and t a x a t i o n , s h a l l b e s u b j e c t t o t h e p r o v i s i o n s o f t h i s C h a p t e r. T h e l a n d , i n c lu d i n g control falls below CDC recommended levels. mineral rights, in the possession of the Atchafalaya Basin Levee District (3) Though smoking is an exceptionally difficult habit to break due to the in Terrebonne Parish, for the purposes of ownership and maintenance and powerful nature of addiction to cigarettes, many thousands of Americans operation of the Atchafalaya Basin Levee District, shall be transferred and win the battle to quit smoking each year, often with the help of a smoking conveyed to the Terrebonne Levee and Conservation District without the cessation program. necessity of any other act or instrument of grant, transfer, conveyance, or B. The purpose of this Part is to increase awareness of and access to delivery. For the purpose of proving evidence of the transfer, conveyance, smoking cessation programs and services available in Louisiana. and delivery effected by this Paragraph, the Atchafalaya Basin Levee §1300.432. Definitions District shall execute an act setting forth the transfer, conveyance, and As used in this Part, the following terms have the meaning ascribed in this delivery of those lands, rights‑of‑way, servitudes, and revenues therefrom Section: to the Terrebonne Levee and Conservation District. (1) “Department” means the Department of Health and Hospitals. * * * (2) “Smoking Cessation Trust” and “trust” mean the organization of that Section 2. This Act shall become effective upon signature by the governor name which incorporated in Louisiana pursuant to the judgment rendered or, if not signed by the governor, upon expiration of the time for bills to in Scott v. American Tobacco Co., Inc. (2009‑CA‑0461 (La. App. 4 Cir. 4/23/10), become law without signature by the governor, as provided by Article III, 36 So. 3d 1046) for the purpose of operating the smoking cessation program Section 18 of the Constitution of Louisiana. If vetoed by the governor and called for in that judgment, or any successor. subsequently approved by the legislature, this Act shall become effective on §1300.433. Public information concerning smoking cessation the day following such approval. A. The department shall establish and maintain on its internet website Approved by the Governor, June 5, 2015. a link to the website of the Smoking Cessation Trust, along with summary A true copy: information on programs and services offered by the trust. Tom Schedler B. The department may feature the link to the website of the Smoking Secretary of State Cessation Trust and information on programs and services of the trust on any ------web page it maintains for any program or office if the link and information are posted in a conspicuous location. ACT No. 58 §1300.434. Program coordination - - - A. The secretary of the department is hereby authorized to coordinate, to HOUSE BILL NO. 184 the extent he deems practical and appropriate, the programs of the office BY REPRESENTATIVE HUVAL of public health, the Medicaid coordinated care network program, and any AN ACT other program of the department with programs offered by the Smoking To amend and reenact R.S. 22:1551(C)(1), relative to renewal of an insurance Cessation Trust. producer license; to provide for an exemption from examination for B. On or before January 1, annually, the secretary of the department renewal of a resident producer license when application is made within shall engage with the executive director of the Smoking Cessation Trust to two years of the date of expiration of the previous license; and to provide evaluate means and best practices for promoting smoking cessation, and to for related matters. identify opportunities for increasing access to smoking cessation programs Be it enacted by the Legislature of Louisiana: and services available in this state. Section 1. R.S. 22:1551(C)(1) is hereby amended and reenacted to read as §1300.435. Termination follows: §1551. Exemption from examination 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. * * * program of the Louisiana State Bar Association’s Committee on Alcohol and C. The following resident applicants shall be exempt from the requirement Drug Abuse and Lawyer’s Assistance Program, Inc., a nonprofit corporation of an examination: whose activities are determined by the Committee on Alcohol and Drug (1) Any applicant for a license covering the same line or lines of insurance Abuse as volunteers in the programming offered by the Judges and Lawyers for which the applicant was licensed under a similar license in this state, Assistance Program, Inc. other than a temporary license, within five two years from the date of B. Privilege and confidentiality. expiration of the previous license, unless such previous license was revoked (1) Any information, report, or record, whether written or oral, that or suspended or renewal was refused by the commissioner. the Committee on Alcohol and Drug Abuse of the Louisiana State Bar * * * Association, Lawyer’s the Judges and Lawyers Assistance Program, Inc., or Approved by the Governor, June 5, 2015. any member, or employee, or agent of either generates, receives, gathers, or A true copy: maintains is confidential and privileged. No member of the Committee on Tom Schedler Alcohol and Drug Abuse, or agent, or employee of Lawyer’s the Judges and Secretary of State Lawyers Assistance Program, Inc., may disclose that information, report or ------record without written approval of the subject judge, lawyer, law student, or prospective lawyer other member of the legal profession. No person ACT No. 59 shall be required to disclose, by way of testimony or otherwise, privileged - - - information or to produce, under subpoena, any records, documentary HOUSE BILL NO. 197 evidence, opinions, or decisions relating to such privileged information: BY REPRESENTATIVES SHADOIN AND ABRAMSON (a) In connection with any civil or criminal case or proceeding. AN ACT (b) By way of any discovery procedure. To amend and reenact R.S. 37:221(A), (B)(1) and (2), and (C)(1) and (2), relative (2) Nothing herein shall prohibit members of the Committee on Alcohol and to the Judges and Lawyers Assistance Program of the Louisiana State Bar Drug Abuse or any employee or agent of Lawyer’s the Judges and Lawyers Association; to provide for a statement of public policy; to provide relative Assistance Program, Inc., from sharing among themselves information, to privilege and confidentiality; to provide relative to civil immunity; and reports, or records about a judge, lawyer, law student, or prospective to provide for related matters. lawyer other member of the legal profession for the purpose of helping the Be it enacted by the Legislature of Louisiana: judge, lawyer, law student, or prospective lawyer other member of the legal Section 1. R.S. 37:221(A), (B)(1) and (2), and (C)(1) and (2) are hereby amended profession recover from problems of alcohol and/or drug abuse with alcohol, and reenacted to read as follows: drug abuse, or any other mental health issue. §221. Bar Committee on Alcohol and Drug Abuse; Judges and Lawyers * * * Assistance Program; privilege, confidentiality, and immunity C. Civil immunity. A. Statement of public policy. (1) Any licensed lawyer, and his supporting staff, shall be immune from civil (1) Alcoholism and drug addiction in the judiciary and among the liability for, or resulting from, any act, decision, omission, communication, members of the Louisiana State Bar Association poses serious health and writing, report, finding, opinion, or conclusion, done by or made in good ethical problems for the people of the state of Louisiana. One prominent faith while engaged in efforts to assist judges, lawyers, law students, or characteristic of alcoholism and drug addiction is denial, which is the prospective lawyers other members of the legal profession in connection delusion of the alcoholic or drug addict that he or she will be able to control with substance abuse or mental health counseling or intervention pursuant the use of alcohol or drugs. Successful treatment can be initiated only to the programs of the Louisiana State Bar Association’s Committee on when the delusion of self‑control is broken and the alcoholic or drug addict Alcohol and Drug Abuse or Lawyer’s the Judges and Lawyers Assistance admits the hopelessness of his or her condition. Judges and lawyers are Program, Inc., or in the performance of his or her duties as a member or no less susceptible than any other citizen of Louisiana to mental health agent of the Committee on Alcohol and Drug Abuse of the Louisiana State issues, including but not limited to alcoholism, drug addiction, depression, Bar Association or agent or as an agent, employee, or officer or director of burnout, and dementia. These impairments pose serious health and ethical Lawyer’s the Judges and Lawyers Assistance Program, Inc., which function issues for members of the Louisiana State Bar Association. primarily to provide assistance in the form of counseling and intervention (2) The delusion of self‑control can be broken, and successful treatment for any judge, lawyer, law student, or prospective lawyer other member of Successful treatment for mental health issues can be initiated years earlier the legal profession suspected of having an impaired ability to function than might otherwise be possible, by the use of counseling by peers and/ professionally because of his or her abuse of the use of alcohol or other or or an intervention process. Successful treatment Intervention in cases drug, or due to any other mental health issue. The Louisiana State Bar of alcoholism and drug addiction involves peer counseling and confronting Association, its Committee on Alcohol and Drug Abuse, the Louisiana Bar the alcoholic or drug addict person with specific instances of misconduct or Foundation, and Lawyer’s the Judges and Lawyers Assistance Program, Inc., abnormal behavior caused by alcohol or drug use, as recited to the subject of and their officers, directors, committees, employees, servants, and agents the intervention by fact reporters such as: family members, peers, friends, shall also be immune from civil liability for any acts or omissions made or coworkers, employers, or other concerned individuals who have first‑hand done or resulting from any of the following: knowledge of such incidents and who are acting under the guidance of a (a) The program of the Louisiana State Bar Association’s Committee on trained intervenor. Alcohol and Drug Abuse or Lawyer’s the Judges and Lawyers Assistance (3) The Louisiana State Bar Association has recognized the danger to Program, Inc. the public of Louisiana arising through substance abuse by its members, (b) Any act, decision, omission, communication, writing, report, finding, the judiciary, prospective attorneys, and law students. In order to combat opinion, or conclusion of the Committee on Alcohol and Drug Abuse, or substance abuse among the judges, lawyers, prospective lawyers and Lawyer’s the Judges and Lawyers Assistance Program, Inc., or any of their law students of Louisiana, Recognizing that members of the judiciary members, agents, or employees. and Louisiana State Bar Association have a strong interest in securing (c) The establishment of programs or activities of such committee or the competent administration of justice for citizens of Louisiana, and in corporation or the Louisiana Bar Foundation. upholding the dignity and respect of the judicial branch of government and (2) A person who in good faith reports information or takes action in legal profession, the Louisiana State Bar Association has created the Judges connection with any program of the Committee on Alcohol and Drug Abuse and Lawyers Assistance Program, Inc., and the Committee on Alcohol and or Lawyer’s the Judges and Lawyers Assistance Program, Inc. is immune Drug Abuse for the purpose of providing counseling and intervening with from civil liability for reporting information or taking any action set forth respect to intervention services for judges, lawyers, law students, and in Paragraph C(1) (C)(1) or participating therein and in particular any prospective lawyers who may have alcohol or drug abuse problems other counseling or intervention effort under the auspices of the Committee on members of the legal profession who may suffer from mental health issues. Alcohol and Drug Abuse or Lawyer’s the Judges and Lawyers Assistance Members of the legal profession and the judiciary are encouraged to seek Program, Inc. This immunity shall not protect a person who makes a report out the counseling and intervention services of the Judges and Lawyers known to be false, or with reckless disregard for the truth. Assistance Program, Inc., and shall feel confident that their participation in * * * the Judges and Lawyers Assistance Program, Inc. will be confidential and Approved by the Governor, June 5, 2015. privileged in all respects and shall not be divulged to the public in any way. A true copy: (4) It is hereby declared to be the public policy of the state of Louisiana to Tom Schedler promote and encourage the use of counseling by peers and the intervention Secretary of State process in order to initiate successful treatment of alcoholism and drug ------addiction among the judiciary, members of the Louisiana State Bar Association, law students, and prospective lawyers mental health issues ACT No. 60 among members of the legal profession. The intent of this Section is to - - - further this goal by providing for a privilege, confidentiality of information, HOUSE BILL NO. 201 and tort immunity for the Louisiana State Bar Association, the Louisiana BY REPRESENTATIVE MONTOUCET State Bar Association’s Committee on Alcohol and Drug Abuse, Lawyer’s AN ACT the Judges and Lawyers Assistance Program, Inc., the Louisiana Bar To enact R.S. 33:4574(F)(9), relative to the Acadia Parish Convention and Foundation, their officers, directors, agents and employees, and persons who Visitors Commission; to provide for changes to the tourist commission’s furnish information and who participate in the counseling and intervention board of directors; 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 20 (House Bills) and underscored and boldfaced (Senate Bills) are additions. Notice of intention to introduce this Act has been published as provided by ACT No. 62 Article III, Section 13 of the Constitution of Louisiana. - - - Be it enacted by the Legislature of Louisiana: HOUSE BILL NO. 232 Section 1. R.S. 33:4574(F)(9) is hereby enacted to read as follows: BY REPRESENTATIVE ARNOLD §4574. Tourist commissions; creation; purpose; directors; powers AN ACT * * * To amend and reenact R.S. 26:2(12) and 241(10), (11), and (12) and to repeal R.S. F. 26:85.1 and 273(C), relative to the regulation of alcohol manufacturers and * * * brewers; to authorize manufacturers and brewers to sell certain quantities (9) Notwithstanding the provisions of Paragraph (1) of this Subsection, the of alcoholic beverages at their facilities; to require the remission of sales Acadia Parish Convention and Visitors Commission shall be governed by a and excise taxes for the sale of certain products by manufacturers; to board of eleven directors appointed by the governing authority of Acadia require manufacturers to obtain a state health permit; to repeal provisions Parish. of law relative to the issuance of certain retail permits; to provide for * * * definitions; and to provide for related matters. Section 2. The governing authority of Acadia Parish may determine the Be it enacted by the Legislature of Louisiana: initial terms of additional directors provided for by this Act. Section 1. R.S. 26:2(12) and 241(10), (11), and (12) are hereby amended and Approved by the Governor, June 5, 2015. reenacted to read as follows: A true copy: §2. Definitions Tom Schedler For purposes of this Chapter, the following terms have the respective Secretary of State meanings ascribed to them in this Section, unless a different meaning ------clearly appears from the context: * * * ACT No. 61 (12) “Manufacturer” means any person, other than a wine producer, who - - - personally or through any agent whatever engages in the making, blending, HOUSE BILL NO. 219 rectifying, or processing of any alcoholic beverage in Louisiana; engages BY REPRESENTATIVES BROWN AND SHADOIN in the making, blending, rectifying, or processing any alcoholic beverage AN ACT outside Louisiana for sale in Louisiana; or engages in the business of To authorize and provide for the transfer of certain state property; to supplying alcoholic beverages to licensed wholesale dealers in Louisiana. authorize the transfer of certain state property in Union Parish; to provide A manufacturer who engages in the making, blending, rectifying, or for the property description; to provide for reservation of mineral rights; to processing of any alcoholic beverage in a facility entirely located in the state provide terms and conditions; to provide an effective date; and to provide of Louisiana may sell or serve only those products that are made, blended, for related matters. rectified, or processed at that facility to the public only at that facility for Be it enacted by the Legislature of Louisiana: consumption on or off the premises but not for resale. The total amount of Section 1. The secretary of the Department of Transportation and such sales to the public for any given month shall not exceed one case per Development, notwithstanding any other provision of law to the contrary, person for each thirty-day period. Any manufacturer who sells its products is hereby authorized and empowered to convey, transfer, assign, lease, or to the public pursuant to this Paragraph shall remit all state and parish deliver any interest, excluding mineral rights, the state may have to all or or municipal sales and excise taxes to the proper tax collecting authority any portion of the following described parcel of property to the governing for all products sold to the public. A manufacturer who sells or serves its authority of the Town of Marion in Union Parish, Louisiana: products to the public pursuant to this Paragraph, shall comply with all Legal Description local zoning laws and regulations. A certain piece or portion of ground, together with all buildings and * * * improvements thereon, and all rights, ways, privileges, servitudes, §241. Definitions advantages and appurtenances thereunto belonging or in anywise The following terms have the respective meanings ascribed to them except appertaining, situated in the Southeast Quarter of the Southwest Quarter, in those instances where the context indicates a different meaning: Section 10, Township 22 North, Range 2 East, being a portion of that certain * * * 25 acre tract of land described in Act of Sale from Perry W. Bennett to (10) “Manufacturer or brewer” means any person who, directly or Samuel M. Parker which appears of record in Book 31, at page 105, of the indirectly, personally or through any agency, person, or establishment, Conveyance Records of Union Parish, Louisiana, which piece or portion of engages in the making, blending, rectifying, brewing, or other processing ground is more particularly described as follows, to‑wit: of alcoholic beverages in Louisiana or outside the state for shipments to Beginning at a point in the east line of the Marion‑Oakland Highway on licensed wholesale dealers within the state subject to the provisions of R.S. State Route No. 816, which point marks the intersection of the east line 26:364. A manufacturer or brewer who operates a brewing facility entirely of the said Marion‑Oakland Highway with the boundary line between the located in the state of Louisiana may sell or serve only those products brewed property of Samuel M. Parker and the property now formerly owned by P. at that facility to the public only at that facility for consumption on or off the McVickey; run thence east along said boundary line, a distance of 80.8 feet premises but not for resale. The total amount of such sales to the public for to a point; thence north 155.5 feet to a point in the boundary line between the any given month shall not exceed ten percent of the total amount of product property of Samuel M. Parker and the property now or formerly owned by brewed at that facility monthly or two hundred fifty barrels, whichever is R. L. Edwards; run thence west along said boundary line, a distance of 160 greater. Any manufacturer or brewer who sells its products to the public feet to a point in the east right of way line of the Marion‑Oakland Highway; pursuant to this Paragraph shall remit all state and parish or municipal along the east right of way line of said highway, a distance of 180 feet to the sales and excise taxes to the proper tax collecting authority for all products point of beginning, and containing 0.43 acres, all as more full shown on plan sold to the public. A manufacturer or brewer who sells or serves its products of survey by W.F. Cooper dated September 16, 1941, blue print of which plan to the public pursuant to this Paragraph, shall comply with all local zoning is annexed hereto and made a part hereof. laws and regulations. Less and Except (11) “Microbrewer” means any person who, directly or indirectly, personally Less and except any highway area under the control of DOTD and less and or through any agency, engages in the making, blending, rectifying, or other except any other public streets. processing of beer or other malt beverages for retail sale in an amount not Section 2. The secretary of the Department of Transportation and to exceed twelve thousand five hundred barrels per year. Development is hereby authorized to enter into such agreements, covenants, (12) “Microbrewery” means an a retail establishment wherein beer and conditions, and stipulations and to execute such documents as necessary to other malt beverages are brewed in small quantities, not to exceed twelve properly effectuate any conveyance, transfer, assignment, lease, or delivery thousand five hundred barrels per year, and where such beverages are sold of title, excluding mineral rights, to the property described in Section at retail for consumption on or off the licensed premises at retail. 1 of this Act, and as more specifically described in any such agreements * * * entered into and documents executed by and between the secretary of Section 2. R.S. 26:85.1 and 273(C) are hereby repealed in their entirety. the Department of Transportation and Development and the governing Approved by the Governor, June 5, 2015. authority of the Town of Marion in Union Parish, Louisiana, in exchange of A true copy: consideration proportionate to the appraised value of the property. Tom Schedler Section 3. This Act shall become effective upon signature by the governor Secretary of State or, if not signed by the governor, upon expiration of the time for bills to ------become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and ACT No. 63 subsequently approved by the legislature, this Act shall become effective on - - - the day following such approval. HOUSE BILL NO. 257 Approved by the Governor, June 5, 2015. BY REPRESENTATIVE SEABAUGH A true copy: AN ACT Tom Schedler To amend and reenact R.S. 22:1009(A)(introductory paragraph), (5), and Secretary of State (7) and to enact R.S. 22:1009(B)(5) and (6), relative to healthcare provider ------credentialing; to specify that licensed dentists are healthcare providers 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. and dental benefit plans are health insurance issuers for purposes ACT No. 65 of credentialing; to prohibit requiring recredentialing for additional - - - practice locations; and to provide for related matters. HOUSE BILL NO. 297 Be it enacted by the Legislature of Louisiana: BY REPRESENTATIVES BURRELL AND JACKSON Section 1. R.S. 22:1009(A)(introductory paragraph), (5), and (7) are hereby AN ACT amended and reenacted and R.S. 22:1009(B)(5) and (6) are hereby enacted to To enact R.S. 14:67.1 and 67.2, relative to theft; to create the crimes of theft read as follows: of livestock and theft of timber; to provide for definitions; to provide for §1009. Health care provider credentialing criminal penalties; to provide for duties of enforcement and investigation; A. As used in this Section, the following words and phrases shall have the and to provide for related matters. following meanings ascribed for each, unless the context clearly indicates Be it enacted by the Legislature of Louisiana: otherwise: Section 1. R.S. 14:67.1 and 67.2 are hereby enacted to read as follows: * * * §67.1. Theft of livestock (5) “Health care provider” or “provider” means a physician licensed to A. Any of the following acts shall constitute theft of livestock: practice medicine by the Louisiana State Board of Medical Examiners (1) The misappropriation or taking of livestock belonging to another or Examiners, a dentist licensed to practice dentistry by the Louisiana State proceeds derived from the sale of such livestock or its meat, whether done Board of Dentistry, or other individual health care practitioner licensed, without the consent of the owner to the misappropriation or taking, or by certified, or registered to perform specified health care services consistent means of fraudulent conduct, practices, or representations, with the intent with state law. to deprive the owner permanently of the livestock or proceeds derived from * * * the sale of the livestock or its meat. (7) “Health insurance issuer” or “issuer” means any insurer who offers (2) Transporting or causing the transportation of livestock to a health insurance coverage through a plan, policy, or certificate of insurance slaughterhouse or a public livestock market as defined in R.S. 3:663, for subject to state law that regulates the business of insurance. A “health purposes of selling or keeping the livestock or meat with an intent to deprive insurance issuer” or “issuer” shall also include a health maintenance the owner permanently of the livestock or meat or proceeds derived from organization, as defined and licensed pursuant to Subpart I of Part I of the sale of the livestock or meat. Chapter 2 of this Title, a dental benefit plan, including an entity defined as (3) Failing or refusing to pay for livestock purchased from an agent , dealer, a dental service contractor in Subpart G of this Part, and shall include the public livestock market as defined in R.S. 3:663, or owner, or acquired with Office of Group Benefits programs. the consent of the agent, dealer, public livestock market, or owner, within * * * thirty days of the date the livestock was purchased or acquired or the date B. payment was due, whichever is longer, with the intent to permanently * * * deprive the other of the livestock or the value of the livestock. (5) A provider who has been credentialed by a health insurance issuer for B. Either of the following acts shall constitute presumptive evidence of any location in the state of Louisiana and is current on all credentialing at intent to permanently deprive the other of the livestock or meat, or proceeds such location or locations, shall be considered credentialed for all other derived from sale of the livestock or meat: locations at which that provider may legally practice medicine or dentistry (1) Assignment of the livestock in a record book maintained by a in the state of Louisiana, provided that each of the following conditions are slaughterhouse or public livestock market as defined in R.S. 3:663, in a met: name other than that of the owner. (a) Not less than thirty days prior to the time at which the provider begins (2) Failing to pay for the livestock within ten days after notice of a request practicing at any additional location, another provider who is current on for payment or return of the livestock or meat has been sent by the agent, all credentialing with that health insurance issuer legally practiced there. dealer, public livestock market as defined in R.S. 3:663, or owner, to the (b) The provider gives the health insurance issuer written notice of any offender’s last known address by either registered or certified mail, return additional location of practice beyond his primary practice location and receipt requested, or by actual delivery by a commercial courier. any additional practice location originally noted on the provider’s initial C. Affirmative defenses shall include but not be limited to a contract credentialing application form. The health insurance issuer may require establishing longer terms for payment and fraud in regard to the quality of that such notice include such additional information as may be reasonably the livestock. necessary in order to process claims filed by the provider from the additional D. “Livestock” means any animal except dogs and cats, bred, kept, location. The credentialing of the provider for any additional location shall maintained, raised, or used for profit, that is used in agriculture, be effective immediately upon the receipt by the health insurance issuer of aquaculture, agritourism, competition, recreation, or silvaculture, or for such written notice from the provider. other related purposes or used in the production of crops, animals, or plant (6) Pursuant to Paragraph (5) of this Subsection, there shall be no other or animal products for market. This definition includes but is not limited requirements placed upon the provider in order to be credentialed by a to cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, health insurance issuer for any additional location. and other equine; goats; sheep; swine; chickens, turkeys, and other poultry; * * * domestic rabbits; imported exotic deer and antelope, elk, farm‑raised Section 2. This Act shall become effective upon signature by the governor white‑tailed deer, farm‑raised ratites, and other farm‑raised exotic or, if not signed by the governor, upon expiration of the time for bills to animals; fish, pet turtles, and other animals identified with aquaculture become law without signature by the governor, as provided by Article III, which are located in artificial reservoirs or enclosures that are both on Section 18 of the Constitution of Louisiana. If vetoed by the governor and privately owned property and constructed so as to prevent, at all times, the subsequently approved by the legislature, this Act shall become effective on ingress and egress of fish life from public waters; any commercial crawfish the day following such approval. from any crawfish pond; and any hybrid, mixture, or mutation of any such Approved by the Governor, June 5, 2015. animal. A true copy: E. The Livestock Brand Commission of the state of Louisiana shall have Tom Schedler primary responsibility for the enforcement and collection of information Secretary of State in such cases, and livestock brand inspectors shall aid all law enforcement ------agencies in such investigations. F. Whoever commits the crime of theft of livestock shall be fined not more ACT No. 64 than five thousand dollars, imprisoned, with or without hard labor, for not - - - more than ten years, or both. HOUSE BILL NO. 273 §67.2. Theft of timber BY REPRESENTATIVE BURRELL A. Theft of timber is the misappropriation or taking of timber belonging (On Recommendation of the Louisiana State Law Institute) to another, or proceeds derived from the sale of such timber, either taken AN ACT without the consent of the owner, or by means of fraudulent conduct, To repeal Title XVIII of Book III of the Civil Code, comprised of Civil Code practices, or representations, with the intent to deprive the owner Articles 3084 through 3098, relative to respite; to provide for the repeal of permanently of the timber or proceeds derived therefrom. all provisions governing voluntary and forced respite; and to provide for B.(1) Whoever commits the crime of theft of timber when the related matters. misappropriation or taking amounts to a value of twenty‑five thousand Be it enacted by the Legislature of Louisiana: dollars or more shall be fined not more than ten thousand dollars and Section 1. Title XVIII of Book III of the Civil Code, comprised of Civil Code imprisoned at hard labor for not more than ten years. Articles 3084 through 3098, is hereby repealed in its entirety. (2) When the misappropriation or taking amounts to a value of less than Approved by the Governor, June 5, 2015. twenty‑five thousand dollars, the offender shall be imprisoned, with or A true copy: without hard labor, for not more than five years, fined not more than five Tom Schedler thousand dollars, or both. Secretary of State C. The enforcement div ision of the of fice of forestr y within the Depa r tment ------of Agriculture and Forestry shall have primary responsibility for collection, preparation, and central registry of information relating to theft of timber and shall assist all law enforcement agencies in investigations of violations of the provisions of this Section. 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. Approved by the Governor, June 5, 2015. to Senate confirmation, a board of commissionersconsisting of nine persons A true copy: from the parish of Lafourche selected as follows: Tom Schedler (i) Each of the six state legislators representing any part of the district Secretary of State shall submit nominations, and the governor shall appoint one member from ------each such list of nominees. * * * (b) The term of office of any commissioner appointed pursuant to ACT No. 66 Subparagraph (a) of this Paragraph shall cease in January 2008, or - - - thereafter, when his successor is appointed and takes office. Beginning HOUSE BILL NO. 801 in January 2008, and thereafter, the governor shall appoint a board of Judicial Appropriations commissioners consisting of nine persons, subject to Senate confirmation. will publish in a later edition. Such membership shall be comprised of no fewer than three members from the area within the district lying to the east of Bayou Lafourche, no fewer than three members from the area within the district lying to the west of ACT No. 67 Bayou Lafourche, and the remaining members from the district at-large, all - - - appointed pursuant to the list of nominations submitted to the governor by HOUSE BILL NO. 298 the nominating parties as provided in Subparagraph (a) of this Paragraph. BY REPRESENTATIVE BURRELL (c) In the event nine all commissioners are not appointed within sixty AN ACT days of the beginning of the term or a vacancy pursuant to the foregoing To amend and reenact R.S. 51:652(B) and 656(B)(2), relative to the sale of the occurrence of a vacancy, then another list of nominations selected fireworks; to provide for the dates and times during which fireworks may by a majority of the members of the legislature representing the district be sold; to provide with respect to the issuance of retailer permits; and to shall be submitted, and the governor shall appoint the remaining required provide for related matters. commissioner or commissioners from the list to bring the total number of Be it enacted by the Legislature of Louisiana: commissioners to nine to provide for the total number of commissioners Section 1. R.S. 51:652(B) and 656(B)(2) are hereby amended and reenacted required by Subparagraph (a) of this Paragraph. to read as follows: (d) Excluding any vacancies on the board, a majority of the appointed §652. Proper naming; certification on shipping cases; time for selling; commissioners shall constitute a quorum for the transaction of business of exceptions; sale and storage in homes prohibited the commission. * * * * * * B. Permissible items of fireworks, enumerated in R.S. 51:651 may be sold at (4) On and after January 12, 2004, a A vacancy created whether by reason retail from noon June twenty-fifth sixteenth through midnight July fifth and of death, resignation, expiration of term, or any other cause of a member of noon December fifteenth through midnight January first of each year only, the board of commissioners shall be filled in the same manner as provided except that the term “fireworks” shall not include toy pistols, toy canes, toy in Paragraph (2) of this Subsection. guns, or other devices in which paper caps containing twenty-five hundredths Section 2. This Act shall become effective on January 10, 2016. (25/100) grains or less of explosive compounds are used, provided they are so Approved by the Governor, June 5, 2015. constructed that the hand cannot come in contact with the cap when in place A true copy: for exploding, and toy paper pistol caps which contain less than twenty-five Tom Schedler hundredths (25/100) grains of explosive compounds, and the sale and use of Secretary of State which shall be permitted at all times. ------* * * §656. Permit to sell fireworks; application; fees; permit numbers ACT No. 69 * * * - - - B. HOUSE BILL NO. 339 * * * BY REPRESENTATIVE DOVE (2) The retail permit shall be effective for purchases of wholesale fireworks, AN ACT and the permit shall be effective from the date of issuance through midnight To amend and reenact R.S. 49:214.5.2(F), relative to functions and December thirty‑first of the applicable year. No retailer’s permit shall be responsibilities of the Coastal Protection and Restoration Authority issued under pursuant to this Part from June twenty‑fifth sixteenth through Board; to provide for the availability of certain resources to satisfy July fifth nor from December fifteenth through January first of each year. All mitigation requirements related to integrated coastal protection projects other permits issued under pursuant to the provisions of this Section shall of the board; and to provide for related matters. be valid from the date issued through midnight April first of the ensuing Be it enacted by the Legislature of Louisiana: permit year. All applications filed after April first shall be assessed a late Section 1. R.S. 49:214.5.2(F) is hereby amended and reenacted to read as fee equal to the amount of the permit required by this Section. follows * * * §214.5.2. Functions and responsibilities; Coastal Protection and Approved by the Governor, June 5, 2015. Restoration Authority Board A true copy: * * * Tom Schedler F. Upon the approval by the board, and notwithstanding any law to the contrary, Secretary of State the authority, the state, or any political subdivision thereof, may use its own ------employees or equipment resources for satisfying any mitigation requirements resulting from or related to an integrated coastal protection project. ACT No. 68 * * * - - - Approved by the Governor, June 5, 2015. HOUSE BILL NO. 327 A true copy: BY REPRESENTATIVE DOVE Tom Schedler AN ACT Secretary of State To amend and reenact R.S. 38:291(T)(2)(a)(introductory paragraph) and ------(i), (b), and (c) and (4) and to enact R.S. 38:291(T)(2)(d), relative to the membership of the North Lafourche Conservation, Levee and Drainage ACT No. 70 District; to provide relative to the number of board commissioners; to - - - provide for lengths of terms for board members; to remove requirement HOUSE BILL NO. 345 that members of the board of commissioners be from certain areas; to BY REPRESENTATIVE HOFFMANN provide for a definition of a quorum; to provide for an effective date; and to AN ACT provide for related matters. To amend and reenact R.S. 17:3883(A)(6)(a)(introductory paragraph), (b), and Notice of intention to introduce this Act has been published as provided by (c), relative to evaluations of public school teachers and administrators; to Article III, Section 13 of the Constitution of Louisiana. require the advisory subcommittee of the Accountability Commission to Be it enacted by the Legislature of Louisiana: report and make recommendations regarding proposed modifications of Section 1. R.S. 38:291(T)(2)(a)(introductory paragraph) and (i), (b), and (c) regulations; and to provide for related matters. and (4) are hereby amended and reenacted and R.S. 38:291(T)(2)(d) is hereby Be it enacted by the Legislature of Louisiana: enacted to read as follows: Section 1. R.S. 17:3883(A)(6)(a)(introductory paragraph), (b), and (c) are §291. Naming; limits of districts; composition of boards hereby amended and reenacted to read as follows: * * * §3883. State Board of Elementar y and Secondar y Education; powers and duties T. North Lafourche Conservation, Levee and Drainage District. A. The board shall: * * * * * * (2)(a) The governor shall appoint, beginning January 12, 2004 and until (6)(a) Require the Accountability Commission established by the board to such time as provided in Subparagraphs (b) and (c) of this Paragraph, subject convene an advisory subcommittee of the commission to report on and make THE ADVOCATE * 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. recommendations regarding the overall effectiveness of the evaluation lands lost through erosion, compaction, subsidence, and sea level rise; and program, including but not limited to any recommendations for changes to to provide for related matters. board policy or state law with respect to the following: the value-added Be it enacted by the Legislature of Louisiana: assessment model as determined by the board pursuant to R.S. 17:3902(B) Section 1. R.S. 41:1702(C), (D)(introductory paragraph) and (1), (2)(a)(i), (ii) (5), measures of student growth for grades and subjects for which value- (introductory paragraph), (dd), (b), (d), and (f), (G)(1) and (2), (H), and (I) are added data are not available and for personnel for whom value-added data hereby amended and reenacted to read as follows: are not available as established by the board pursuant to R.S. 17:3902(B) §1702. Reclamation of lands lost through erosion, compaction, subsidence, (5), and elements of evaluation and standards for effectiveness as defined and sea level rise; land acquisition for certain coastal projects; requirements by the board pursuant to R.S. 17:3902(B)(introductory paragraph). The * * * subcommittee shall have the following members: C. Application for the reclamation or recovery of land lost through erosion, * * * compaction, subsidence, or sea level rise shall be made to the Department (b) The legislature finds that as of March of 2015, several of the advisory of Natural Resources State Land Office, pursuant to Paragraph (D)(1) of subcommittee’s recommendations have been implemented by the board and this Section, on forms to be provided and with such reasonable fee as may have improved the evaluation program. In addition to its authority to make be prescribed by the office, provided that all such applications shall be such recommendations, the advisory subcommittee may also consider and accompanied by a deed of ownership or a certified map or plat of survey advise the board regarding whether adjustments to regulations proposed prepared by a professional land surveyor qualified and currently licensed by the department and referred to the subcommittee by the board should be by the Louisiana Professional Engineering and Land Surveying Board in adopted, rejected, or modified. accordance with R.S. 37:681 et seq., defining the boundary between lands (c) The members of the subcommittee shall serve without compensation. belonging to the state and those of riparian owners and showing the exact (c) The initial meeting of the subcommittee shall be held not later than extent of land claimed to be lost through erosion, compaction, subsidence, September 30, 2014. or sea level rise, and by such other evidence as may be required by the * * * administrator showing ownership of the riparian lands in question by the Approved by the Governor, June 5, 2015. applicant. A true copy: D. In all cases in which a definitive boundary may be arrived at by mutual Tom Schedler consent or through the procedures applicable to contested boundaries, Secretary of State the administrator of the State Land Office, as provided in Paragraph (1) of ------this Subsection, or the secretary of the Department of Natural Resources executive director of the Coastal Protection and Restoration Authority, as ACT No. 71 provided in Paragraph (2) of this Subsection, may allow reclamation. - - - (1) The administrator of the State Land Office may issue a permit for the HOUSE BILL NO. 350 carrying out of the work necessary to implement the recovery of the land lost BY REPRESENTATIVES NANCY LANDRY, ARMES, BROWN, GAROFALO, through erosion, compaction, subsidence, or sea level rise; however, no such HARRISON, HENSGENS, HILL, HODGES, HOWARD, LEGER, MACK, permit shall be issued until plans and specifications for such work have been MIGUEZ, MONTOUCET, JIM MORRIS, ORTEGO, PYLANT, REYNOLDS, first submitted to the governing authority of the parish in which the proposed RITCHIE, ROBIDEAUX, THIERRY, AND WILLMOTT AND SENATOR project is located, the Department of Transportation and Development, the GUILLORY Department of Wildlife and Fisheries, the Office of Coastal Protection and AN ACT Restoration Authority, and the Department of Natural Resources for review To amend and reenact R.S. 13:2582(A)(2) and 2583(A)(2)(b), relative to justice and comment not less than sixty days prior to the issuance of such permit. of the peace courts; to exempt certain justices of the peace and constables No permit shall be required for projects to facilitate the development, from office qualifications relative to age requirements; and to provide for design, engineering, implementation, operation, maintenance, or repair of related matters. coastal or barrier island restoration integrated coastal protection projects Be it enacted by the Legislature of Louisiana: by the Office of Coastal Protection and Restoration Authority under R.S. Section 1. R.S. 13:2582(A)(2) and 2583(A)(2)(b) are hereby amended and 49:214.1 et seq. or other applicable law or projects for the Atchafalaya Basin reenacted to read as follows: Program. Within sixty days of completion of the reclamation project, the §2582. Justices of the peace; qualifications; election; term of office; nullity; riparian owner shall submit to the State Land Office proof of the extent of persons ineligible the land area actually reclaimed in the manner provided in Subsection C A. of this Section for showing the submerged area, which map or plat shall * * * be employed for fixing the definitive boundary between the reclaimed (2)(a) Beginning in the year 2008, to qualify to run for the office of justice land area and the state water bottoms. Permits issued pursuant to these of the peace, a person shall not have attained the age of seventy years by provisions shall be effective for a period not to exceed two years from the date of qualification to run for office. A justice of the peace who attains the date of issuance and shall thereupon expire. All work remaining or seventy years of age while serving a term of office shall be allowed to any additional work may be completed only by application in the manner complete that term of office. provided by this Section. (b) The provisions of Subparagraph (a) of this Paragraph shall not apply (2)(a)(i) To facilitate the development, design, and implementation of to those justices of the peace who are serving as a justice of the peace or coastal conservation, restoration and protection plans and integrated elected to the office of justice of the peace on or before August 15, 2006. coastal protection projects, including hurricane protection and flood * * * control, pursuant to R.S. 49:214.1 et seq., the secretary of the Department §2583. Constables; election; term of office; qualifications of Natural Resources executive director of the Coastal Protection and A. Restoration Authority, after consultation with other state agencies, * * * including the Department of Natural Resources and the State Land Office, (2) may enter into agreements with owners of land contiguous to and abutting * * * navigable water bottoms belonging to the state who have the right to reclaim (b) The provisions of this Paragraph shall not apply in Livingston Parish. or recover such land, including all oil and gas mineral rights, as provided in The provisions of Subparagraph (a) of this Paragraph shall not apply to Subsection B of this Section, which agreements may establish in such owner those constables who are serving as a constable or elected to the office of the perpetual, transferrable ownership of all subsurface mineral rights to constable on or before August 15, 2006. the then existing then-existing coast or shore line. Such agreements may * * * also provide for a limited or perpetual alienation or transfer, in whole or in Approved by the Governor, June 5, 2015. part, to such owner of subsurface mineral rights owned by the state relating A true copy: to the emergent lands that emerge from waterbottoms that are subject to Tom Schedler such owner’s right of reclamation in exchange for the owner’s compromise Secretary of State of his ownership and reclamation rights within such area and for such ------time as the secretary executive director deems appropriate and in further exchange for the owner’s agreement to allow his existing property to be ACT No. 72 utilized in connection with the project to the extent deemed necessary by - - - the secretary executive director. HOUSE BILL NO. 352 (ii) When land is acquired from any person by an “acquiring authority” BY REPRESENTATIVE LEGER as defined in R.S. 31:149, for the principal purpose of facilitating the AN ACT development, design, and implementation of coastal conservation, To amend and reenact R.S. 41:1702(C), (D)(introductory paragraph) and restoration, protection or management plans and integrated coastal (1), (2)(a)(i), (ii)(introductory paragraph), (dd), (b), (d), and (f), (G)(1) and protection projects, including hurricane protection and flood control, by the (2), (H), and (I), relative to land reclamation for coastal protection and state, its political subdivisions, or by the state and federal government, the restoration purposes; to provide relative to approval of land reclamation secretary of the Department of Natural Resources executive director of the by an “acquiring authority” for integrated coastal protection purposes; Coastal Protection and Restoration Authority, after consultation with other to provide relative to the administrative responsibility for reclamation of state agencies, including the Department of Natural Resources and the State Land Office, may, in accordance with rules and regulations adopted 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. in accordance with the Administrative Procedure Act by the Department ACT No. 73 of Natural Resources Coastal Protection and Restoration Authority after - - - consultation with other state agencies, including the Department of Natural HOUSE BILL NO. 365 Resources and the State Land Office, enter into an agreement under this BY REPRESENTATIVE JONES Section with respect to the ownership of minerals and other matters to the AN ACT same extent as authorized under Item (i) of this Paragraph. In addition, To enact R.S. 8:308.1, relative to interment space in the city of Franklin; to such agreement shall, at a minimum, specify: provide relative to ownership of interment spaces in a cemetery governed * * * by the city governing authority; to provide a procedure for clarifying (dd) Permanent easements, servitudes, rights‑of‑way, and rights of use as ownership interests in interment spaces under certain circumstances; necessary to facilitate the principal purposes of the acquisition. These shall and to provide for related matters. include, but are not limited to, those necessary for construction, operation, Notice of intention to introduce this Act has been published as provided by maintenance, repair, replacement and rehabilitation of any projects or Article III, Section 13 of the Constitution of Louisiana. cooperative agreements undertaken by the state or a political subdivision Be it enacted by the Legislature of Louisiana: for coastal protection, conservation, restoration or management integrated Section 1. R.S. 8:308.1 is hereby enacted to read as follows: coastal protection or by the state and federal governments pursuant to state §308.1. Franklin; interment space ownership or federal law, including but not limited to, the Coastal Wetlands Planning, A. If the city of Franklin determines that the ownership of an unused Protection and Restoration Act, the Coastal Zone Management Act, the interment space in a cemetery it governs is ambiguous because the right Water Resources Development Act, the Coastal Impact Assistance Program, to use the space for interment may have been sold more than one hundred and the North American Wetlands Conservation Act. years previously, but no record of such a sale is extant, the city may assume * * * control of and sell the interment space after diligent effort to locate (b) In addition to the provisions of Subparagraph (a) of this Paragraph, possible current owners by a review of the public records and the procedure in the case of a project involving a barrier island, the secretary executive established in Subsection B of this Section. director may also require the owner to transfer title to all or a portion of B. The city shall publish a public notice in its official journal, once a the island in exchange for any subsurface mineral rights acquired by said month for twelve consecutive months, attempting to locate owners of any owner. such spaces. Such notice shall, at a minimum, provide each of the following: * * * (1) The identity of the interment spaces, either individually or by (d) When the secretary executive director pr o p o s e s t o e xe c u t e a n a g r e e m e nt description of the general area of the cemetery where multiple spaces are by which an election pursuant to this Section is affected, the secretary located. executive director shall first submit the agreement for review and approval (2) A statement explaining that the right of interment in such a space may to the House Committee on Natural Resources and Environment and the have been sold more than one hundred years previously, but the city has no Senate Committee on Natural Resources, after publishing the agreement as record of such a sale. provided in the Administrative Procedure Act. (3) An address where a person who can show an ownership interest in such * * * a space may present evidence of such ownership. (f) The Department of Natural Resources Coastal Protection and (4) A specific date after which the city assumes full ownership of any Restoration Authority shall provide an owner granted subsurface mineral unclaimed spaces and after which a previous owner has no right, title, or rights pursuant to this Paragraph, recordable evidence of the rights interest in or to such a space. transferred, which documents shall include an adequate legal description C. After compliance with Subsection B of this Section, the city shall have of the area subject to such owners’ rights and a plat thereof. The owner full ownership and control of any interment spaces referenced in the notices shall be responsible for filing any such document in the conveyance records specified in Subsection B of this Section, if no person files suit or otherwise of the parish in which such property is located, which filing shall be public presents sufficient evidence of an ownership interest on or before the date notice thereof. specified in Paragraph (B)(4) of this Section. However, if a person’s claim * * * of ownership is presented on a timely basis but evidence is insufficient to G.(1) The administrator of the State Land Office shall have the authority justify a belief therein, the claim for which the person may file suit is subject to adopt regulations allowing reclamation of land in compliance with to a liberative prescription of one year from the date specified in Paragraph the provisions of Paragraph (D)(1) of this Section, and the secretary of (B)(4) of this Section. If the person does not timely file suit as specified in the Department of Natural Resources executive director of the Coastal this Subsection, the city may thereafter sell and convey such interment Protection and Restoration Authority shall have the authority to adopt spaces as provided by law. regulations pursuant to Paragraph (D)(2) of this Section. Approved by the Governor, June 5, 2015. (2) Permits may be granted for bulkheads, generally parallel to the shore, A true copy: that do not interfere with navigation on any inland navigable water body Tom Schedler whether or not the area to be bulkheaded eroded before July 1, 1921, if, on the Secretary of State basis of evidence furnished the administrator of the State Land Office, such ------bulkheading will aid in reclaiming submerged land or preventing erosion, compaction, or subsidence. No permit shall be required for projects to ACT No. 74 facilitate the development, design engineering, implementation, operation, - - - maintenance, or repair of coastal or barrier island restoration integrated HOUSE BILL NO. 379 coastal protection projects by the Department of Natural Resources Coastal BY REPRESENTATIVE HOLLIS AND SENATOR MURRAY Protection and Restoration Authority under R.S. 49:214.1 et seq. or other AN ACT applicable law or projects for the Atchafalaya Basin Program. Such permits To amend and reenact R.S. 49:1002(J) and 1005(A)(introductory paragraph) shall not vest any title in any private owner other than as to lands eroded and to enact R.S. 49:1001(14), relative to drug testing standards; to provide after July 1, 1921. for drug testing by CAP-FDT-certified laboratories; and to provide for * * * related matters. H. No reclamation by a riparian landowner shall be permitted if, in the Be it enacted by the Legislature of Louisiana: determination of the Department of Natural Resources, the S t a t e L a n d O f fi c e , Section 1. R.S. 49:1002(J) and 1005(A)(introductory paragraph) are hereby the Coastal Protection and Restoration Authority, or the attorney general, amended and reenacted and R.S. 49:1001(14) is enacted to read as follows: such activity would unreasonably obstruct or hinder the navigability of any §1001. Definitions waters of the state or impose undue or unreasonable restraints on the state As used in this Chapter, the following words and phrases have the meanings rights which have vested in such areas pursuant to Louisiana law, and to contained herein unless the context clearly requires otherwise: that extent the land area sought to be reclaimed may be limited. * * * I. Any person aggrieved either by a substantive agency decision made (14) “CAP-FDT-certified laboratory” means a laboratory certified for pursuant to the provisions of this Section, including interlocutory decisions forensic hair drug testing by the College of American Pathologists. relating to boundaries and determinations of areas reclaimed, or by a failure §1002. Applicability of the agency to render such decisions timely, may seek immediate judicial * * * review of the agency action. Proceedings for review of decisions by the J. This Chapter does not preclude an employer or an employer’s agent Department of Natural Resources, the Coastal Protection and Restoration from utilizing a USFDA-cleared specimen testing method that uses a Authority, or the State Land Office may be instituted by filing a petition in sample as defined in R.S. 49:1001 provided that such sample is processed in the Nineteenth Judicial District Court within thirty days after mailing of a laboratory with a SAMHSA, or CAP-FUDT, or CAP-FDT certification using notice of the final decision by the administrator or secretary. Any party may generally accepted cutoff levels as established by the USFDA for the type request and be granted a trial de novo. of sample tested, or by SAMHSA at such time when SAMHSA implements a * * * final rule to regulate the type of sample test. Any sample collected shall be Approved by the Governor, June 5, 2015. subject to USFDA‑cleared immunoassay screening and confirmation testing A true copy: at a SAMHSA-certified, or CAP-FUDT-certified, or CAP-FDT-certified Tom Schedler laboratory. Such samples that test positive shall be preserved by the Secretary of State laboratory and available for challenge testing at the request of the donor. ------No sample shall be used to collect or analyze DNA. 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. §1005. Use of certified laboratories for drug testing of samples collected B. Definitions. As used in this Section, the following terms shall have A. All drug testing of individuals in residence in the state and all drug the following meanings unless a different meaning is clearly required by testing of samples collected in the state, including territorial waters and context: any other location to which the laws of Louisiana are applicable, shall be * * * performed in SAMHSA-certified, or CAP-FUDT-certified, or CAP-FDT- (10) “Qualifying disability” means a one hundred percent permanent total certified laboratories, if both of the following apply: disability rating, or a permanent and total unemployability disability rating * * * as determined by the United States Department of Veterans Affairs and Approved by the Governor, June 5, 2015. certified by the Louisiana secretary of veterans affairs in a final adjudication A true copy: of the initial rating decision or as determined or certified by the proper Tom Schedler state entity that adjudicates such claims for guardsmen in accordance with Secretary of State the workers’ compensation law of this state. A qualifying disability shall be ------certified by the Louisiana secretary of veterans affairs or his designee. As provided for in this Paragraph, the initial rating decision shall not apply ACT No. 75 to a United States Department of Veterans Affairs rating decision which - - - predates service in the Louisiana National Guard. HOUSE BILL NO. 384 * * * BY REPRESENTATIVES JACKSON, ARMES, BROADWATER, CARTER, Approved by the Governor, June 5, 2015. CHANEY, COX, FOIL, GAINES, HOFFMANN, HUNTER, JAMES, A true copy: LOPINTO, MACK, NORTON, PIERRE, PRICE, PYLANT, ROBIDEAUX, Tom Schedler SHADOIN, SMITH, ALFRED WILLIAMS, AND PATRICK WILLIAMS AND Secretary of State SENATOR THOMPSON ------AN ACT To amend and reenact R.S. 17:3351.15(A), relative to the Board of Supervisors ACT No. 78 for the University of Louisiana System; to authorize the board to impose - - - certain fee amounts for enrollment in the dental hygiene program at the HOUSE BILL NO. 463 University of Louisiana at Monroe; and to provide for related matters. BY REPRESENTATIVE BERTHELOT Be it enacted by the Legislature of Louisiana: AN ACT Section 1. R.S. 17:3351.15(A) is hereby amended and reenacted to read as To amend and reenact R.S. 33:386(A) and (D), relative to Lawrason Act follows: municipalities; to provide relative to the appointment of municipal §3351.15. Board of Supervisors for the University of Louisiana System; officials; to provide relative to the first regular meeting of the board of tuition and attendance fee amounts; graduate students; masters degree in aldermen when such appointments are made; to provide for a clarification business administration; dental hygiene as to the meaning of the first meeting of the board of aldermen; and to A. In addition to the authority granted to the Board of Supervisors for the provide for related matters. University of Louisiana System by law authorizing such board to provide Be it enacted by the Legislature of Louisiana: for and impose fees and in accordance with the provisions of Article VII, Section 1. R.S. 33:386(A) and (D) are hereby amended and reenacted to Section 2.1(A) of the Constitution of Louisiana, the board may impose the read as follows: following increases,: effective §386. Appointment of municipal officials; bond required (1) Effective for the Fall 2009 academic session and thereafter, in tuition A. At the first regular meeting of the board of aldermen succeeding each and attendance fee amounts: elected at a regular municipal election, the mayor, subject to confirmation (1)(a) For a full-time graduate student who is enrolling in any institution by the board of aldermen, shall appoint a clerk, tax collector, except under its management and supervision by an amount which shall not exceed as provided for in R.S. 33:381(D), and all other necessary officers whose thirty dollars per credit hour per academic session. election is not provided for in R.S. 33:381. In the event of a vacancy, the (2)(b) For a full-time student who is seeking a masters of business mayor, subject to confirmation by the board of aldermen, shall appoint a administration degree at any institution under its management and successor to any such office. In making or approving such appointments and supervision, an increase in tuition by an amount of up to one thousand in filling vacancies, the mayor and board of aldermen shall give preference dollars per academic session, which shall be inclusive of the increase in to residents of the municipality if all other considerations are equal. graduate student tuition authorized in Paragraph (1) of this Subsection. * * * (2) Effective for the 2015-2016 academic year and thereafter, a dental D. The term of the clerk, tax collector, nonelected chief of police, street supply fee of three hundred dollars per academic year for students enrolled commissioner, municipal attorney, and court magistrate shall end at the in the dental hygiene program, University of Louisiana at Monroe. time of the first regular meeting of the board of aldermen succeeding each * * * elected at a regular municipal election. Approved by the Governor, June 5, 2015. Approved by the Governor, June 5, 2015. A true copy: A true copy: Tom Schedler Tom Schedler Secretary of State Secretary of State ------

ACT No. 79 ACT No. 76 ------HOUSE BILL NO. 476 HOUSE BILL NO. 791 BY REPRESENTATIVE LOPINTO Legislative Appropriations AN ACT will publish in a later edition. To amend and reenact R.S. 13:5401(B)(1)(a), (3)(a), and (7)(c) and (C)(1) and to enact R.S. 13:5401(B)(3)(c) and (7)(d) and (e) and (C)(9), relative to reentry courts; to provide for the payment of costs associated with reentry court; ACT No. 77 to provide for sentencing options for violations of reentry probation; to - - - provide with respect to eligibility for participation in reentry court HOUSE BILL NO. 425 programs; to provide for penalties for failure to complete reentry probation BY REPRESENTATIVES HAZEL, ADAMS, ARMES, BARROW, STUART successfully; to provide for the definition of a technical violation; to BISHOP, BROWN, CARMODY, CARTER, CHANEY, COX, DOVE, FOIL, authorize the creation of a reentry division of the Twenty-Fifth Judicial GUINN, HARRISON, HILL, HODGES, HOWARD, HUNTER, MIKE District Court; and to provide for related matters. JOHNSON, JONES, KLECKLEY, LEBAS, LEGER, LORUSSO, MONTOUCET, Be it enacted by the Legislature of Louisiana: JAY MORRIS, NORTON, OURSO, POPE, PYLANT, REYNOLDS, Section 1. R.S. 13:5401(B)(1)(a), (3)(a), and (7)(c) and (C)(1) are hereby SEABAUGH, SIMON, ST. GERMAIN, STOKES, AND WILLMOTT amended and reenacted and R.S. 13:5401(B)(3)(c) and (7)(d) and (e) and (C)(9) AN ACT are hereby enacted to read as follows: To amend and reenact R.S. 29:26.1(B)(10), relative to National Guard death §5401. District courts; reentry courts; subject matter and disability benefits; to restrict certain federal rating decisions from * * * the definition of “qualifying disability” for National Guardsmen; and to B. Participation in the workforce development sentencing program as provide for related matters. authorized by the provisions of this Section shall be subject to the following Be it enacted by the Legislature of Louisiana: provisions: Section 1. R.S. 29:26.1(B)(10) is hereby amended and reenacted to read as (1) The cour t may recommend that a defendant par ticipate in the work force follows: development sentencing program if all of the following criteria are satisfied: §26.1. National Guard death and disability benefits (a) The defendant meets the eligibility requirements for participation * * * in the Offender Rehabilitation and Workforce Development Program as provided for in R.S. 15:1199.7(A) and (C). 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. * * * Section 1. Chapter 1 of Title XIII of the Louisiana Children’s Code, for merly (3) In offering a defendant the opportunity to request the program, the comprised of Articles 1301.1 through 1308.2, to be comprised of Articles court shall advise the defendant of the following: 1301.1 through 1309.3, is hereby amended and reenacted to read as follows: (a) If the defendant is eligible to participate in the workforce development TITLE XIII sentencing program, the defendant shall waive the right to a trial. The SUPPORT OF FAMILY defendant shall enter a plea of guilty to the charge, with the stipulation CHAPTER 1. UNIFORM INTERSTATE FAMILY that the defendant shall be sentenced to custody of the Department of SUPPORT ACT Public Safety and Corrections to participate in the Offender Rehabilitation Section 1. General Provisions and Workforce Development Program and after successful completion of Art. 1301.1. Short title that program, he may petition the court to be placed on intensive reentry This Chapter may be cited as the “Uniform Interstate Family Support Act”. supervision by the court suspend the remainder of his sentence and be Art. 1301.2. Uniformity of application and construction placed on probation under the intensive supervision of the reentry division This Chapter shall be applied and construed to effectuate its general of court. purpose to make uniform the law with respect to the subject of this Chapter * * * among states enacting it. (c) A defendant who is placed under the supervision of the reentry division Art. 1301.3. Definitions of court shall pay the cost of any assessments, substance abuse tests, and As used in In this Chapter: treatment programs to which he is assigned and the cost of any additional (1) “Act” means the Uniform Interstate Family Support Act. supervision that may be required, to the extent of his financial resources, as (2) “Child” means an individual, whether over or under the age of majority, determined by the reentry division of court. who is or is alleged to be owed a duty of support by the individual’s parent * * * or who is or is alleged to be the beneficiary of a support order directed to (7) the parent. * * * (3)(2) “Child support Child support order” means a support order for a (c) If the defendant successfully completes the Offender Rehabilitation child, including a child who has attained the age of majority under the law and Workforce Development Program and successfully completes all other of the issuing state or foreign country. requirements of the workforce development sentencing program, he may (4)(3) “Department” means the Department of Children and Family petition the court to be placed on intensive reentry supervision by the court Services. “Convention” means the Convention on the International Recovery suspend the remainder of his sentence and be placed on probation under of Child Support and Other Forms of Family Maintenance, concluded at The the intensive supervision of the reentry division of court. Hague on November 23, 2007. (d) If the defendant violates any condition of his reentry probation, the (5)(4) “Duty of support” means an obligation imposed or imposable by court may revoke the probation and order the defendant to serve the sentence law to provide support for a child, spouse, or former spouse, including an previously imposed and suspended, or the court may revoke the probation unsatisfied obligation to provide support. and order the defendant to be committed to the custody of the Department (5) “Foreign country” means a country, including a political subdivision of Public Safety and Corrections and be required to serve a sentence of not thereof, other than the United States, that authorizes the issuance of support more than twelve months without diminution of sentence in the intensive orders and: incarceration program pursuant to R.S. 15:574.4.4, or the court may impose (a) Which has been declared under the law of the United States to be a a sentence of not more than ninety days without diminution of sentence or foreign reciprocating country; credit for time served prior to the revocation for any technical violation, or (b) Which has established a reciprocal arrangement for child support with the court may impose any sanction provided by Code of Criminal Procedure this state as provided in Article 1303.8; Article 900, and extend probation and order that the defendant continue (c) Which has enacted a law or established procedures for the issuance treatment for an additional period, or both. The term of the revocation for a and enforcement of support orders which are substantially similar to the technical violation shall begin on the date the court orders the revocation. procedures under this Chapter; or Upon completion of the imposed sentence for the technical revocation, (d) In which the Convention is in full force with respect to the United the defendant shall return to active and supervised probation for a period States. equal to the remainder of the original period of probation subject to any (6) “Foreign support order” means a support order of a foreign tribunal. additional conditions imposed by the court. (7) “Foreign tribunal” means a court, administrative agency, or quasi- (e) A “technical violation”, as used in this Paragraph, means any violation judicial entity of a foreign country which is authorized to establish, enforce, except it shall not include any of the following: or modify support orders or to determine parentage of a child. The term (i) Being arrested, charged, or convicted of any of the following: includes a competent authority under the Convention. (aa) A felony. (6)(8) “Home state” means the state or foreign country in which a child (bb) Any intentional misdemeanor directly affecting the person, including lived with a parent or a person acting as parent for at least six consecutive but not limited to domestic abuse battery. months immediately preceding the time of filing of a petition or comparable (ii) Being in possession of a firearm or other prohibited weapon. pleading for support and, if a child is less than six months old, the state (iii) Absconding from the jurisdiction of the court. or foreign country in which the child lived from birth with any of them. A C. The following district courts may assign certain divisions of the court as period of temporary absence of any of them is counted as part of the six- a reentry division of court in accordance with the provisions of this Section: month or other period. (1) The Criminal District Court for the parish of Orleans or the Forty-First (7)(9) “Income” includes earnings or other periodic entitlements to money Judicial District Court. from any source and any other property subject to withholding for support * * * under the laws law of this state. (9) The Twenty-Fifth Judicial District Court. (8)(10) “Income-withholding order” means an order or other legal process Approved by the Governor, June 5, 2015. directed to an obligor’s employer or other debtor, as defined by the income- A true copy: withholding law of this state, to withhold support from the income of the Tom Schedler obligor. Secretary of State (9) “Initiating state” means a state from which a proceeding is forwarded ------or in which a proceeding is filed for forwarding to a responding state under this Chapter or a law or procedure substantially similar to this Chapter, the ACT No. 80 Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform - - - Reciprocal Enforcement of Support Act. HOUSE BILL NO. 609 (10)(11) “Initiating tribunal” means the authorized tribunal in an BY REPRESENTATIVE ROBERT JOHNSON initiating state. tribunal of a state or foreign country from which a petition AN ACT or comparable pleading is forwarded or in which a petition or comparable To amend and reenact Chapter 1 of Title XIII of the Louisiana Children’s pleading is filed for forwarding to another state or foreign country. Code, formerly comprised of Articles 1301.1 through 1308.2, to be (12) “Issuing foreign country” means the foreign country in which a comprised of Articles 1301.1 through 1309.3, and R.S. 46:236.3(I), relative tribunal issues a support order or a judgment determining parentage of a to family support enforcement; to provide for a revision of the Uniform child. Interstate Family Support Act; to provide with respect to procedures for (11)(13) “Issuing state” means the state in which a tribunal issues a support the registration, recognition, enforcement, and modification of family order or renders a judgment determining parentage of a child. support orders; to extend applicability to foreign countries; to provide for (12)(14) “Issuing tribunal” means the tribunal of a state or foreign country jurisdiction; to provide procedures applicable to initiating and responding that issues a support order or renders a judgment determining parentage of tribunals; to provide for the duties of the Department of Children and a child. Family Services; to provide definitions; to provide with respect to income (13)(15) “Law” includes decisional and statutory law and rules and withholding to enforce a child support obligation; and to provide for regulations having the force of law. related matters. (14)(16) “Obligee” means any of the following: Be it enacted by the Legislature of Louisiana: (a) An individual to whom a duty of support is owed or is alleged to be owed or in whose favor a support order has been issued or a judgment determining

THE ADVOCATE * 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. parentage has been rendered or a judgment determining parentage of a Art. 1301.5. 1301.4. Remedies cumulative child has been issued.; A. Remedies provided by this Chapter are cumulative and do not affect (b) A foreign country, state or political subdivision of a state to which the availability of remedies under other law or the recognition of a foreign the rights under a duty of support or support order have been assigned or support order on the basis of comity. which has independent claims based on financial assistance provided to an B. This Chapter does not: individual obligee in place of child support.; (1) Provide the exclusive method of establishing or enforcing a support (c) An individual seeking a judgment determining parentage of the order under the law of this state; or individual’s child.; or (2) Grant a tribunal of this state jurisdiction to render judgment or issue (d) A person that is a creditor in a proceeding under Section 7. an order relating to child custody or visitation in a proceeding under this (15)(17) “Obligor” means an individual or the estate of a decedent who, Chapter. with respect to any of the following: Art. 1301.5. Application of Chapter to resident of foreign country and (a) Owes or is alleged to owe a duty of support.; foreign support proceeding (b) Is alleged, but has not been adjudicated to be a parent of a child.; A. A tribunal of this state shall apply Sections 1 through 6 and, as (c) Is liable under a support order.; or applicable, Section 7, to a support proceeding involving: (d) Is a debtor in a proceeding under Section 7. (1) A foreign support order; (18) “Outside this state” means a location in another state or a country (2) A foreign tribunal; or other than the United States, whether or not the country is a foreign country. (3) An obligee, obligor, or child residing in a foreign country. (19) “Person” means an individual, corporation, business trust, estate, B. A tribunal of this state that is requested to recognize and enforce trust, partnership, limited liability company, association, joint venture, a support order on the basis of comity may apply the procedural and public corporation, government or governmental subdivision, agency, or substantive provisions of Sections 1 through 6. instrumentality, or any other legal or commercial entity. C. Section 7 applies only to a support proceeding under the Convention. (20) “Record” means information that is inscribed on a tangible medium In such a proceeding, if a provision of Section 7 is inconsistent with Section or that is stored in an electronic or other medium and is retrievable in 1 through 6, Section 7 controls. perceivable form. Section 2. Jurisdiction (16)(21) “Register” means to record or file in a tribunal of this state a Subsection A. Extended Personal Jurisdiction support order or judgment determining parentage in the registry of foreign Art. 1302.1. Basis for jurisdiction over nonresident support orders of a child issued in another state or a foreign country. A. In a proceeding to establish, or enforce, or modify a support order or to (17)(22) “Registering tribunal” means a tribunal in which a support order determine parentage of a child, a tribunal of this state may exercise personal or judgment determining parentage of a child is registered. jurisdiction over a nonresident individual, or his tutor the individual’s (18) “Registry of foreign support orders” means any place where a clerk guardian, curator, or tutor, in any of the following situations if: of court records all support orders rendered in another state and enforced (1) The individual is personally served with citation, summons, or notice within this state. within this state.; (19)(23) “Responding state” means a state in which a proceeding is filed or (2) The individual submits to the jurisdiction of this state by consent to which a proceeding is forwarded for filing from an initiating state under in a record, by entering a general appearance, or by filing a responsive this Chapter or a law or procedure substantially similar to this Chapter, the document having the effect of waiving any exception or contest to personal Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform jurisdiction.; Reciprocal Enforcement of Support Act petition or comparable pleading for (3) The individual resided with the child in this state.; support or to determine parentage of a child is filed or to which a petition or (4) The individual resided in this state and provided prenatal expenses or comparable pleading is forwarded for filing from another state or a foreign support for the child.; country. (5) The child resides in this state as a result of the acts or directives of the (20)(24) “Responding tribunal” means the authorized tribunal in a individual.; responding state or foreign country. (6) The individual engaged in sexual intercourse in this state and the (21)(25) “Spousal support order” means a support order for a spouse or child may have been conceived by that act of intercourse.; former spouse of the obligor. (7) The individual asserted parentage of a child in the putative father (22)(26) “State” means a state of the United States, the District of Columbia, registry maintained in this state by the Department of Health and Hospitals, Puerto Rico, the United States Virgin Islands, or any territory or insular office of public health.; or possession subject to under the jurisdiction of the United States. The term (8) There is any other basis consistent with the constitutions of this state “state” includes both of the following: an Indian nation or tribe. and the United States for the exercise of personal jurisdiction. (a) An Indian tribe. B. The basis for personal jurisdiction set forth in Paragraph A or in any (b) A foreign jurisdiction that has enacted a law or established procedures other law of this state may not be used to acquire personal jurisdiction for a for issuance and enforcement of support orders that are substantially similar tribunal of this state to modify a child support order of another state unless to the procedures under this Chapter, the Uniform Reciprocal Enforcement the requirements of Article 1306.11 are met, or, in the case of a foreign of Support Act, or the Revised Uniform Reciprocal Enforcement of Support support order, unless the requirements of Article 1306.15 are met. Act. Art. 1302.2. Procedure when exercising jurisdiction over nonresident (23)(27) “Support enforcement agency” means a public official or an Duration of personal jurisdiction agency, governmental entity, or private agency authorized to seek any of the A tribunal of this state exercising personal jurisdiction over a nonresident following: under Article 1302.1 (Basis for jurisdiction over nonresident) may apply (a) Enforcement Seek enforcement of support orders or laws relating to Article 1303.16 (Special rules of evidence and procedure) to receive evidence the duty of support.; from another state, and Article 1303.18 (Assistance with discovery) to obtain (b) Establishment Seek establishment or modification of child support.; discovery through a tribunal of another state. In all other respects, the (c) Determination Request determination of parentage of a child.; provisions of Sections 3 through 7 of this Chapter do not apply and the (d) Location of Attempt to locate obligors or their assets.; or tribunal shall apply the procedural and substantive laws of this state, (e) Request determination of the controlling child support order. including the rules on choice of law other than those established by this (24)(28) “Support order” means a judgment, decree, or order, decision, Chapter. Personal jurisdiction acquired by a tribunal of this state in a or directive, whether temporary, final, or subject to modification, issued in proceeding under this Chapter or other law of this state relating to a support a state or foreign country for the benefit of a child, a spouse, or a former order continues as long as a tribunal of this state has continuing, exclusive spouse, which provides for monetary support, health care, arrearages, jurisdiction to modify its order or continuing jurisdiction to enforce its retroactive support, or reimbursement for financial assistance provided to order as provided by Articles 1302.5, 1302.6, and 1302.11. an individual obligee in place of child support. , and The term may include Subsection B. Proceedings Involving related costs and fees, interest, income withholding, automatic adjustment, Two or More States reasonable attorney fees, and other relief. Art. 1302.3. Initiating and responding tribunal of state (25)(29) “Tribunal” means a court, administrative agency, or quasi judicial Under this Chapter, a tribunal of this state may serve as an initiating entity authorized to establish, enforce, or modify support orders or to tribunal to forward proceedings to a tribunal of another state and as a determine parentage of a child. However, with respect to the establishment, responding tribunal for proceedings initiated in another state or a foreign enforcement, or modification of support orders or the determination of country. parentage in Louisiana, a “tribunal” is limited to a state court of competent Art. 1302.4. Simultaneous proceedings in another state jurisdiction. A. A tribunal of this state may exercise jurisdiction to establish a support Art. 1301.4. 1301.3. Tribunals of state State Tribunal and Support order if the petition or comparable pleading is filed after a petition or a Enforcement Agency comparable pleading is filed in another state or a foreign country only if all A. The district courts or, if applicable, the family or juvenile courts, and of the following exist: the division of administrative review, office of the secretary, Department (1) The petition or comparable pleading in this state is filed before the of Children and Family Services, or other administrative law division expiration of the time allowed in the other state or the foreign country for authorized by law, are the tribunals of this state for purposes of this Chapter. filing a responsive pleading challenging the exercise of jurisdiction by the B. The Department of Children and Family Services is the support other state or the foreign country.; enforcement agency of this state. THE ADVOCATE * 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. (2) The contesting party timely challenges the exercise of jurisdiction in (2) A money judgment for arrears of support and interest on the order the other state or the foreign country; and. accrued before a determination that an order of a tribunal of another state (3) If relevant, this state is the home state of the child. is the controlling order. B. A tribunal of this state may not exercise jurisdiction to establish a B. A tribunal of this state having continuing, exclusive jurisdiction over support order if the petition or comparable pleading is filed before a petition a support order may act as a responding tribunal to enforce or modify the or comparable pleading is filed in another stateor a foreign country if all of order. If a party subject to the continuing, exclusive jurisdiction of the the following exist: tribunal no longer resides in the issuing state, in subsequent proceedings the (1) The petition or comparable pleading in the other state or foreign tribunal may apply Article 1303.16 (Special rules of evidence and procedure) country is filed before the expiration of the time allowed in this state for to receive evidence from another state and Article 1303.18 (Assistance with filing a responsive pleading challenging the exercise of jurisdiction by this discovery) to obtain discovery through a tribunal of another state. state.; C. A tribunal of this state which lacks continuing, exclusive jurisdiction (2) The contesting party timely challenges the exercise of jurisdiction in over a spousal support order may not serve as a responding tribunal to this state.; and modify a spousal support order of another state. (3) If relevant, the other state or foreign country is the home state of the Subsection C. Reconciliation of Multiple Orders child. Art. 1302.7. Recognition Determination of controlling child support order Art. 1302.5. Continuing, exclusive jurisdiction to modify child support A. If a proceeding is brought under this Chapter, and only one tribunal order has issued a child support order, the order of that tribunal controls and A. A tribunal of this state issuing a that has issued a child support order must be so recognized. consistent with the laws law of this state has and shall exercise continuing, B. If a proceeding is brought under this Chapter, and two or more child exclusive jurisdiction over a child support order as follows to modify its support orders have been issued by tribunals of this state, or another child support order if the order is the controlling order and: state, or a foreign country with regard to the same obligor and same child, (1) As long as this state remains the residence of the obligor, the individual a tribunal of this state having personal jurisdiction over both the obligor obligee, or the child for whose benefit the support order is issued. At the and individual obligee shall apply the following rules in determining which time of the filing of a request for modification, this state is the residence of order to recognize for purposes of continuing, exclusive jurisdiction and by the obligor, the individual obligee, or the child for whose benefit the support order shall determine which order controls and must be recognized: order is issued; or (1) If only one of t he t r ibu nals would have continuin g, exclusive jur isdiction (2) Until all of the parties who are individuals have filed written consent under this Chapter, the order of that tribunal controls and must be so with the tribunal of this state for a tribunal of another state to modify the recognized. order and assume continuing, exclusive jurisdiction Even if this state is not (2) If more than one of the tribunals would have continuing, exclusive the residence of the obligor, the individual obligee, or the child for whose jurisdiction under this Chapter,: benefit the support order is issued, the parties consent in a record or in open (a) an An order issued by a tribunal in the current home state of the child court that the tribunal of this state may continue to exercise jurisdiction to controls and must be so recognized, or modify its order. (b) but if If an order has not been issued in the current home state of the B. A tribunal of this state issuing that has issued a child support order child, the order most recently issued controls and must be so recognized. consistent with the law of this state may not exercise its continuing, exclusive (3) If none of the tribunals would have continuing, exclusive jurisdiction jurisdiction to modify the order if: the order has been modified by a tribunal under this Chapter, the tribunal of this state having jurisdiction over the of another state pursuant to this Chapter or a law substantially similar to parties shall issue a child support order, which controls and must be so this Chapter. recognized. (1) All of the parties who are individuals file consent in a record with the C. If two or more child support orders have been issued for the same tribunal of this state that a tribunal of another state that has jurisdiction obligor and same child, and if the obligor or the individual obligee resides over at least one of the parties who is an individual or that is located in the in the state, a party may request a tribunal of this state to upon request state of residence of the child may modify the order and assume continuing, of a party who is an individual or that is a support enforcement agency, a exclusive jurisdiction; or tribunal of this state having personal jurisdiction over both the obligor and (2) Its order is not the controlling order. the obligee who is an individual shall determine which order controls and C. If a child support order of this state is modified by a tribunal of another must be so recognized under Paragraph B hereof. The request may be filed state pursuant to this Chapter or a law substantially similar to this Chapter, a with a registration for enforcement or registration for modification pursuant tribunal of this state loses its continuing, exclusive jurisdiction with regard to Section 6, or may be filed as a separate proceeding. to prospective enforcement of the order issued in this state, and may only: D. A request to determine which is the controlling order The request (1) Enforce the order that was modified as to amounts accruing before the must be accompanied by a certified copy of every child support order in modification. effect and the applicable record of payments. The requesting party shall (2) Enforce nonmodifiable aspects of that order. give notice of the request to each party whose rights may be affected by the (3) Provide other appropriate relief for violations of that order which determination. occurred before the effective date of the modification. If a tribunal of D.E. The tribunal that issued the controlling order under Paragraph A, B, another state has issued a child support order pursuant to the Uniform or C of this Article is the tribunal that has continuing, exclusive jurisdiction Interstate Family Support Act or a law substantially similar to that Act in accordance with to the extent provided in Article 1302.5 (Continuing, which modifies a child support order of a tribunal of this state, tribunals exclusive jurisdiction) or 1302.6. of this state shall recognize the continuing, exclusive jurisdiction of the E.F. A tribunal of this state that determines by order the identity of tribunal of the other state. the controlling order under Subparagraph B(1) or (2) or that issues a new D. A tribunal of this state shall recognize the continuing, exclusive controlling order under Subparagraph B(3) shall state in that order the basis jurisdiction of a tribunal of another state which has issued a child support upon which the tribunal made its determination. which is the controlling order pursuant to this Chapter or a law substantially similar to this Chapter. order under Subparagraph (B)(1) or (2) or Paragraph C, or that issues a new A tribunal of this state that lacks continuing, exclusive jurisdiction to controlling order under Subparagraph (B)(3), shall state in that order: modify a child support order may serve as an initiating tribunal to request (1) The basis upon which the tribunal made its determination; a tribunal of another state to modify a support order issued in that state. (2) The amount of prospective support, if any; and E. A temporary support order issued ex parte or pending resolution of a (3) The total amount of consolidated arrears and accrued interest, if any, jurisdictional conflict does not create continuing, exclusive jurisdiction in under all of the orders after all payments made are credited as provided by the issuing tribunal. Article 1302.9. F. A tribunal of this state issuing a support order consistent with the laws F.G. Within thirty days after issuance of an order determining the identity of this state has continuing, exclusive jurisdiction over a spousal support of which is the controlling order, the party obtaining the order shall file a order throughout the existence of the support obligation. A tribunal of this certified copy of itwith in each tribunal that issued or registered an earlier state may not modify a spousal support order issued by a tribunal of another order of child support. A party or support enforcement agency obtaining state having continuing, exclusive jurisdiction over that order under the who obtains the order and that fails to file a certified copy is subject to laws of that state. appropriate sanctions by a tribunal in which the issue of failure to file Art. 1302.6. Enforcement and modification of support order by tribunal arises. The failure to file does not affect the validity or enforceability of the having continuing jurisdiction Continuing jurisdiction to enforce child controlling order. support order H. An order that has been determined to be the controlling order, or a A. A tribunal of this state that has issued a child support order consistent judgment for consolidated arrears of support and interest, if any, made with the law of this state may serve as an initiating tribunal to request a pursuant to this Article must be recognized in proceedings under this tribunal of another state to enforce or modify a support order issued in that Chapter. state.: Art. 1302.8. Multiple child Child support orders for two or more obligees (1) The order if the order is the controlling order and has not been modified In responding to multiple registrations or petitions for enforcement of two by a tribunal of another state that assumed jurisdiction pursuant to the or more child support orders in effect at the same time with regard to the Uniform Interstate Family Support Act; or same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this

THE ADVOCATE * 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. state shall enforce those orders in the same manner as if the multiple orders the responding state. If the responding state is a foreign jurisdiction, had been issued by a tribunal of this state. the tribunal may specify the amount of support sought and provide other Art. 1302.9. Credit for payments documents necessary to satisfy the requirements of the responding state. If Amounts collected and credited for a particular period pursuant to a requested by the responding tribunal, a tribunal of this state shall issue a support order issued by a tribunal of another state must be credited against certificate or other document and make findings required by the law of the the amounts accruing or accrued for the same period under a support order responding state. If the responding tribunal is in a foreign country, upon issued by the tribunal of this state. request the tribunal of this state shall specify the amount of support sought, A tribunal of this state shall credit amounts collected for a particular convert that amount into the equivalent amount in the foreign currency period pursuant to any child support order against the amounts owed for under applicable official or market exchange rate as publicly reported, and the same period under any other child support order for support of the same provide any other documents necessary to satisfy the requirements of the child issued by a tribunal of this state, another state, or a foreign country. responding foreign tribunal. Art. 1302.10. Application of Chapter to nonresident subject to personal Art. 1303.5. Duties and powers of responding tribunal jurisdiction A. When a responding tribunal of this state receives a petition or A tribunal of this state exercising personal jurisdiction over a nonresident comparable pleading from an initiating tribunal or directly pursuant to in a proceeding under this Chapter, under other law of this state relating to a Article 1303.1(C) (Proceeding under this Chapter) (B), it shall cause the support order, or recognizing a foreign support order may receive evidence petition or pleading to be filed and notify the petitioner where and when it from outside this state pursuant to Article 1303.16, communicate with a was filed. tribunal outside this state pursuant to Article 1303.17, and obtain discovery B. A responding tribunal of this state, to the extent otherwise authorized through a tribunal outside this state pursuant to Article 1303.18. In all other by not prohibited by other law, may do one or more of the following: respects, Sections 3 through 6 do not apply, and the tribunal shall apply the (1) Issue Establish or enforce a support order, modify a child support procedural and substantive law of this state. order, determine the controlling child support order, or render a judgment Art. 1302.11. Continuing exclusive jurisdiction to modify spousal support to determine parentage of a child.; order (2) Order an obligor to comply with a support order, specifying the amount A. A tribunal of this state issuing a spousal support order consistent with and the manner of compliance.; the law of this state has continuing, exclusive jurisdiction to modify the (3) Order income withholding.; spousal support order throughout the existence of the support obligation. (4) Determine the amount of any arrearages and specify a method of B. A tribunal of this state may not modify a spousal support order issued by payment.; a tribunal of another state or a foreign country having continuing, exclusive (5) Enforce orders by civil or criminal contempt, or both.; jurisdiction over that order under the law of that state or foreign country. (6) Set aside property for satisfaction of the support order.; C. A tribunal of this state that has continuing, exclusive jurisdiction over (7) Place liens and order execution on the obligor’s property.; a spousal support order may serve as: (8) Order an obligor to keep the tribunal informed of the obligor’s current (1) An initiating tribunal to request a tribunal of another state to enforce residential address, electronic mail address, telephone number, employer, the spousal support order issued in this state; or address of employment, and telephone number at the place of employment.; (2) A responding tribunal to enforce or modify its own spousal support (9) Issue a bench warrant or an order of contempt or a bench warrant, order. or both, for an obligor who has failed, after proper notice, to appear at a Section 3. Civil Provisions of General Application hearing ordered by the tribunal and enter the order of contempt and bench Art. 1303.1. Proceedings under Chapter warrant in any local and state computer systems for criminal warrants.; A. Except as otherwise provided by in this Chapter, this Section applies to (10) Order the obligor to seek appropriate employment by specified all proceedings under this Chapter. methods.; B. This Chapter provides for the following proceedings: (11) Award reasonable attorney fees and other fees and costs.; and (1) Establishment of an order for spousal support or child support pursuant (12) Grant any other available remedy. to Section 4 of this Chapter. C. A responding tribunal of this state shall include in a support order (2) Enforcement of a support order and income-withholding order of issued under this Chapter, or in the documents accompanying the order, the another state without registration pursuant to Section 5 of this Chapter. calculations on which the support order is based. (3) Registration of an order for spousal support or child support of another D. A responding tribunal of this state may not condition the payment of a state for enforcement pursuant to Section 7 of this Chapter. support order issued under this Chapter upon compliance by a party with (4) Modification of an order for child support or spousal support issued by provisions for visitation. a tribunal of this state pursuant to Subsection B of Section 2 of this Chapter. E. If a responding tribunal of this state issues an order under this (5) Registration of an order for child support for another state for Chapter, the tribunal shall send a copy of the order to the petitioner and the modification pursuant to Section 6 of this Chapter. respondent and to the initiating tribunal, if any. (6) Determination of parentage pursuant to Section 7 of this Chapter. F. If requested to enforce a support order, arrears, or judgment or modify a (7) Assertion of jurisdiction over nonresidents pursuant to Subsection A support order stated in a foreign currency, a responding tribunal of this state of Section 2 of this Chapter. shall convert the amount stated in the foreign currency to the equivalent C.B. An individual petitioner or a support enforcement agency may amount in dollars under the applicable official or market exchange rate as commence initiate a proceeding authorized under this Chapter by filing a publicly reported. petition in an initiating tribunal for forwarding to a responding tribunal or Art. 1303.6. Inappropriate tribunal by filing a petition or a comparable pleading directly in a tribunal of another If a petition or comparable pleading is received by an inappropriate state or foreign country which has or can obtain personal jurisdiction over tribunal of this state, it the tribunal shall forward the pleading and the respondent. accompanying documents to an appropriate tribunal in this state or another Art. 1303.2. Action Proceeding by minor parent state and notify the petitioner where and when the pleading was sent. A minor parent, or a tutor guardian or other legal representative of a Art. 1303.7. Duties of the support enforcement agency minor parent, may maintain a proceeding on behalf of or for the benefit of A. A support enforcement agency of this state, upon request, shall provide the minor’s child. services to a petitioner in a proceeding under this Chapter.In a proceeding Art. 1303.3. Application of law of state under this Chapter, a support enforcement agency of this state, upon request: Except as otherwise provided by this Chapter, a responding tribunal of (1) Shall provide services to a petitioner residing in a state; this state shall: (2) Shall provide services to a petitioner requesting services through a (1) Apply the procedural and substantive law, including the rules on choice central authority of a foreign country as described in Article 1301.2(5)(a) or of law, generally applicable to similar proceedings originating in this state (d); and and may exercise all powers and provide all remedies available in those (3) May provide services to a petitioner who is an individual not residing proceedings.; and in a state. (2) Determine the duty of support and the amounts payable in accordance B. A support enforcement agency that is providing services to the with the law and support guidelines of this state. petitioner, as appropriate, shall: Art. 1303.4. Duties of initiating tribunal (1) Take all steps necessary to enable an appropriate tribunal in this A. Upon the filing of a petition authorized by this Chapter, an initiating state, or another state, or a foreign country to obtain jurisdiction over the tribunal of this state shall forward three copies of the petition and its respondent.; accompanying documents as follows: (2) Request an appropriate tribunal to set a date, time, and place for a (1) To the responding tribunal or appropriate support enforcement agency hearing.; in the responding state.; or (3) Make a reasonable effort to obtain all relevant information, including (2) If the identity of the responding tribunal is unknown, to the state information as to income and property of the parties.; information agency of the responding state with a request that the (4) Within two days, exclusive of Saturdays, Sundays, and legal holidays, documents they be forwarded to the appropriate tribunal and that receipt after receipt of a written notice in a record from an initiating, responding, be acknowledged. or registering tribunal, send a copy of the notice to the petitioner.; B. If a responding state has not enacted this Chapter or a law or procedure (5) Within two days, exclusive of Saturdays, Sundays, and legal holidays, substantially similar to this Chapter, a tribunal of this state may issue a after receipt of a written communication in a record from the respondent certificate or other document and make findings required by the law of THE ADVOCATE * 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. or the respondent’s attorney, send a copy of the communication to the a tribunal shall order that the address of the child or party or other petitioner.; and identifying information not be disclosed in a pleading or other document (6) Notify the petitioner if jurisdiction over the respondent cannot be filed in a proceeding under this Chapter. If a party alleges in an affidavit or obtained. a pleading under oath that the health, safety, or liberty of a party or child C. A support enforcement agency of this state that requests registration of would be jeopardized by disclosure of specific identifying information, that a child support order in this state for enforcement or for modification shall information shall be sealed and shall not be disclosed to the other party make reasonable efforts: or the public. After a hearing in which a tribunal takes into consideration (1) To ensure that the order to be registered is the controlling order; or the health, safety, or liberty of the party or child, the tribunal may order (2) If two or more child support orders exist and the identity of the disclosure of information that the tribunal determines to be in the interest controlling order has not been determined, to ensure that a request for such of justice. a determination is made in a tribunal having jurisdiction to do so. Art. 1303.13. Costs and fees D. A support enforcement agency of this state that requests registration A. The petitioner may not be required to pay a filing fee or other costs. and enforcement of a support order, arrears, or judgment stated in a foreign B. If an obligee prevails, a responding tribunal of this state may assess currency shall convert the amounts stated in the foreign currency into against an obligor filing fees, reasonable attorney attorney’s fees, other the equivalent amounts in dollars under the applicable official or market costs, and necessary travel and other reasonable expenses incurred by the exchange rate as publicly reported. obligee and the obligee’s witnesses. The tribunal may not assess fees, costs, E. A support enforcement agency of this state shall issue or request a or expenses against the obligee or the support enforcement agency of either tribunal of this state to issue a child support order and an income‑withholding the initiating or the responding state or foreign country, except as provided order that redirect payment of current support, arrears, and interest by other law. Attorney Attorney’s fees may be taxed as costs and may be if requested to do so by a support enforcement agency of another state ordered paid directly to the attorney, who may enforce the order in the pursuant to Article 1303.19. attorney’s own name. Payment of support owed to the obligee has priority C.F. This Chapter does not create or negate a relationship of attorney over fees, costs, and expenses. and client or other fiduciary relationship between a support enforcement C. The tribunal shall order the payment of costs and reasonable attorney agency or the attorney for the agency and the individual being assisted by attorney’s fees if it determines that a hearing was requested primarily for the agency. delay. In a proceeding under Section 6 of this Chapter (Enforcement and Art. 1303.8. Duty of attorney general modification of support order after registration), a hearing is presumed to A. If the attorney general determines that the support enforcement agency have been requested primarily for delay if a registered support order is is neglecting or refusing to provide services to an individual, the attorney confirmed or enforced without change. general may order the agency to perform its duties under this Chapter or Art. 1303.14. Limited immunity of petitioner may provide those services directly to the individual. A. Participation by a petitioner in a proceeding under this Chapter before B. The attorney general may determine that a foreign country has a responding tribunal, whether in person, by private attorney, or through established a reciprocal arrangement for child support with this state and services provided by the support enforcement agency, does not confer take appropriate action for notification of the determination. personal jurisdiction over the petitioner in another proceeding. Art. 1303.9. Private counsel B. A petitioner is not amenable to services service of civil process while An individual may employ private counsel to represent the individual in physically present in this state to participate in a proceeding under this proceedings authorized by this Chapter. Chapter. Art. 1303.10. Duties of the Department of Children and Family Services; C. The immunity granted by this Article does not extend to civil litigation state information agency based on acts unrelated to a proceeding under this Chapter committed by a A. The department Department of Children and Family Services is the party while physically present in this state to participate in the proceeding. state information agency under this Chapter. Art. 1303.15. Nonparentage as defense B. The state information agency shall: A party whose parentage of a child has been previously determined by or (1) Compile and maintain a current list, including addresses, of the pursuant to law may not plead nonparentage as a defense to a proceeding tribunals in this state that have jurisdiction under this Chapter and any under this Chapter. support enforcement agencies in this state and transmit a copy to the state Art. 1303.16. Special rules of evidence and procedures procedure information agency of every other state.; A. The physical presence of the petitioner in a responding a nonresident (2) Maintain a register of names and addresses of tribunals and support party who is an individual in a tribunal of this state is not required for enforcement agencies received from other states.; the establishment, enforcement, or modification of a support order or the (3) Forward to the appropriate tribunal in the place in this state in which rendition of a judgment determining parentage of a child. the obligee who is an individual obligee or the obligor resides, or where B. A verified petition, An affidavit, document substantially complying with in which the obligor’s property is believed to be located, all documents federally mandated forms, and or a document incorporated by reference in concerning a proceeding under this Chapter received from an initiating any of them, which would not be excluded under the hearsay rule if given in tribunal or the state information agency of the initiating state. another state person, is admissible in evidence if given under oath penalty of perjury by a or a foreign country; and party or witness residing in another outside this state. (4) Obtain information concerning the location of the obligor and the C. A copy of the record of child support payments certified as a true copy of obligor’s property within this state not exempt from execution, by such means the original by the custodian of the record may be forwarded to a responding as postal verification and federal or state locator services, examination of tribunal. The copy is evidence of facts asserted in it and is admissible to telephone directories, requests for the obligor’s address from employers, show whether payments were made. and examination of governmental records, including, to the extent not D. Copies of bills for testing for parentage and for prenatal and postnatal prohibited by other law, those relating to real property, vital statistics, law health care of the mother and child, furnished to the adverse party at least enforcement, taxation, motor vehicles, drivers’ licenses, and social security. ten days before trial, are admissible in evidence to prove the amount of Art. 1303.11. Pleadings and accompanying documents the charges billed and that the charges were reasonable, necessary, and A. A petitioner seeking to establish or modify a support order or to customary. determine parentage in a proceeding under this Chapter must verify the E. Documentary evidence transmitted from another outside this state to petition. In a proceeding under this Chapter, a petitioner seeking to establish a tribunal of this state by telephone, telecopier, or other electronic means a support order, to determine parentage of a child, or to register and modify that do not provide an original writing record may not be excluded from a support order of a tribunal of another state or a foreign country must file evidence on an objection based on the means of transmission. a petition. Unless otherwise ordered under Article 1303.12 (Nondisclosure F. In a proceeding under this Chapter, a tribunal of this state may shall of information in exceptional circumstances), the petition or accompanying permit a party or witness residing in another outside this state to be documents must provide, so far as known, the name, residential address, deposed or to testify under penalty of perjury by telephone, audiovisual and social security numbers of the obligor and the obligee or the parent means, or other electronic means at a designated tribunal or other location and alleged parent, and the name, sex, residential address, social security in that state. A tribunal of this state shall cooperate with other tribunals number, and the date of birth of each child for whom whose benefit support of other states in designating an appropriate location for the deposition or is sought or whose parentage is to be determined. The Unless filed at the testimony. time of registration, the petition must be accompanied by a certified copy of G. If a party called to testify at a civil hearing refuses to answer on the any support order in effect known to have been issued by another tribunal. ground that the testimony may be self-incriminating, the trier of fact may The petition may include any other information that may assist in locating draw an adverse inference from the refusal. or identifying the respondent. H. A privilege against disclosure of communications between spouses B. The petition must specify the relief sought. The petition and does not apply in a proceeding under this Chapter. accompanying documents must conform substantially with the requirements I. The defense of immunity based on the relationship of husband and wife imposed by the forms mandated by federal law for use in cases filed by a or parent and child does not apply in a proceeding under this Chapter. support enforcement agency. J. A voluntary acknowledgment of paternity, certified as a true copy, is Art. 1303.12. Nondisclosure of information in exceptional circumstances admissible to establish parentage of the child. Upon a finding, which may be made ex parte, that the health, safety, Art. 1303.17. Communications between tribunals or liberty of a party or child would be unreasonably put at risk by the A tribunal of this state may communicate with a tribunal of another disclosure of identifying information, or if an existing order so provides, outside this state in writing, a record or by telephone, electronic mail, or THE ADVOCATE * 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. other means, to obtain information concerning the laws of that state, the C. Except as otherwise provided in Paragraph D of this Article hereof legal effect of a judgment, decree, or order of that tribunal, and the status of and Article 1305.3, the employer shall withhold and distribute the funds as a proceeding in the other state. A tribunal of this state may furnish similar directed in the withholding order by complying with the terms of the order, information by similar means to a tribunal of another outside this state. which specifies all of the following specify: Art. 1303.18. Assistance with discovery (1) The duration and the amount of periodic payments of current child A tribunal of this state may do all of the following: support, stated as a sum certain.; (1) Request a tribunal of another outside this state to assist in obtaining (2) The person or agency designated to receive payments and the address discovery.; and to which the payments are to be forwarded.; (2) On Upon request, compel a person over whom it has jurisdiction to (3) Medical support, whether in the form of periodic cash payment, stated as respond to a discovery order issued by a tribunal of another outside a sum certain, or ordering the obligor to provide health insurance coverage this state. for the child under a policy available through the obligor’s employment.; Art. 1303.19. Receipt and disbursement of payments (4) The amount of periodic payments of fees and costs for a support A. A support enforcement agency or tribunal of this state shall disburse enforcement agency, the issuing tribunal, and the obligee’s attorney, stated promptly any amounts received pursuant to a support order, as directed by as sums certain.; and the order. The agency or tribunal shall furnish to a requesting party or (5) The amount of periodic payments of arrearages and interest on tribunal of another state or a foreign country a certified statement by the arrearages, stated as sums certain. custodian of the record of the amounts and dates of all payments received. D. An employer shall comply with the law of the state of the obligor’s B. If neither the obligor, nor the obligee who is an individual, nor the child principal place of employment for withholding from income with respect to resides in this state, upon request from the support enforcement agency of all of the following: this state or another state, the support enforcement agency of this state or a (1) The employer’s fee for processing an income-withholding order.; tribunal of this state shall: (2) The maximum amount permitted to be withheld from the obligor’s (1) Direct that the support payment be made to the support enforcement income.; and agency in the state in which the obligee is receiving services; and (3) The times within which the employer must implement the withholding (2) Issue and send to the obligor’s employer a conforming order and forward the child support payment. income‑withholding order or an administrative notice of change of payee, Art. 1305.3. Compliance Employer’s compliance with multiple two or reflecting the redirected payments. more income-withholding orders C. The support enforcement agency of this state receiving redirected If the obligor’s employer receives multiple two or more income-withholding payments from another state pursuant to a law similar to Paragraph B of orders with respect to the earnings of the same obligor, the employer this Article shall furnish to a requesting party or tribunal of the other state satisfies the terms of the multiple orders if the employer complies with the a certified statement by the custodian of the record of the amount and dates law of the state of the obligor’s principal place of employment to establish of all payments received. the priorities for withholding and allocating income withheld for multiple Section 4. Establishment of Support Order or Determination of Parentage two or more child support obligees. Art. 1304.1. Petition to establish Establishment of support order Art. 1305.4. Immunity from civil liability A. If a support order entitled to recognition under this Chapter has not An employer who that complies with an income-withholding order issued been issued, a responding tribunal of this state with personal jurisdiction in another state in accordance with this Section is not subject to civil liability over the parties may issue a support order if either: to any an individual or agency with regard to the employer’s withholding of (1) The individual seeking the order resides in another outside this state.; child support from the obligor’s income. or Art. 1305.5. Penalties for noncompliance (2) The support enforcement agency seeking the order is located in another An employer who that willfully fails to comply with an income-withholding outside this state. order issued by in another state and received for enforcement is subject to B. The tribunal may issue a temporary child support order in the event of the same penalties that may be imposed for noncompliance with an order any of the following: issued by a tribunal of this state. (1) The respondent has signed a verified statement acknowledging Art. 1305.6. Contest by obligor parentage. A. An obligor may contest the validity or enforcement of an income- (2) The respondent has been determined by or pursuant to law to be the withholding order issued in another state and received directly by an parent. employer in this state by registering the order in a tribunal of this state and (3) There is other clear and convincing evidence that the respondent is the filing a contest to that order as provided in Section 6, or otherwise contesting child’s parent. the order in the same manner as if the order had been issued by a tribunal of The tribunal may issue a temporary child support order if the tribunal this state. Article 1306.4 (Choice of law) applies to the contest. determines that such an order is appropriate and the individual ordered to B. The obligor shall give notice of the contest to all of the following: pay is: (1) A support enforcement agency providing services to the obligee.; (1) A presumed father of the child; (2) Each employer that has directly received an income-withholding order. (2) Petitioning to have his paternity adjudicated; relating to the obligor; and (3) Identified as the father of the child through genetic testing; (3) The person or agency designated to receive payments in the income- (4) An alleged father who has declined to submit to genetic testing; withholding order or, if no person or agency is designated, to the obligee. (5) Shown by clear and convincing evidence to be the father of the child; Art. 1305.7. Administrative enforcement of orders (6) An acknowledged father as provided by applicable state law; A. A party or support enforcement agency seeking to enforce a support (7) The mother of the child; or order or an income-withholding order, or both, issued by a tribunal of in (8) An individual who has been ordered to pay child support in a previous another state or a foreign support order may send the documents required proceeding and the order has not been reversed or vacated. for registering the order to a support enforcement agency of this state. C. Upon finding, after notice and opportunity to be heard, that an obligor B. Upon receipt of the documents, the support enforcement agency, without owes a duty of support, the tribunal shall issue a support order directed to initially seeking to register the order, shall consider and, if appropriate, use the obligor and may issue other orders pursuant to Article 1303.5 (Duties any administrative procedure authorized by the law of this state to enforce and powers of responding tribunal). a support order or an income-withholding order, or both. If the obligor does Art. 1304.2. Proceeding to Determine Parentage not contest administrative enforcement, the order need not be registered. If A tribunal of this state authorized to determine parentage of a child may the obligor contests the validity or administrative enforcement of the order, serve as a responding tribunal in a proceeding to determine parentage of a the support enforcement agency shall register the order pursuant to this child brought under this Chapter or a law or procedure substantially similar Chapter. to this Chapter. Section 6. Registration, Enforcement, and Modification of Section 5. Enforcement of Support Order Support Order After Registration of Another State Without Registration Subsection A. Registration and for Enforcement Art. 1305.1. Employer’s receipt of income-withholding order of another of Support Order state Art. 1306.1. Registration of order for enforcement An income-withholding order issued in another state may be sent by or on A support order or an income-withholding order issued by a tribunal of behalf of the obligee, or by the support enforcement agency, to the person another state in another state or a foreign support order may be registered or entity defined as the obligor’s employer under the income withholding in this state for enforcement. law of this state without first filing a petition or comparable pleading or Art. 1306.2. Procedure to register order for enforcement registering the order with a tribunal of this state. A. Except as otherwise provided in Article 1307.6, a A support order or Art. 1305.2. Employer’s compliance with income-withholding order of income-withholding order of another state or a foreign support order may be another state registered in this state by sending the following documents and information A. Upon receipt of an income-withholding order, the obligor’s employer records to the appropriate tribunal in this state: shall immediately provide a copy of the order to the obligor. (1) A letter of transmittal to the tribunal requesting registration and B. The employer shall treat an income-withholding order issued in another enforcement.; state which appears regular on its face as if it had been issued by a tribunal (2) Two copies, including one certified copy, of all orders the order to be of this state. registered, including any modification of an the order.; 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. (3) A sworn statement by the party seeking person requesting registration (1) Identify the two or more orders and the order alleged by the registering or a certified statement by the custodian of the records showing the amount party to be the controlling order and the consolidated arrears, if any; of any arrearage.; (2) Notify the nonregistering party of the right to a determination of which (4) The name of the obligor and, if known: is the controlling order; (a) The obligor’s address and social security number.; (3) State that the procedures provided in Paragraph B apply to the (b) The name and address of the obligor’s employer and any other source determination of which is the controlling order; and of income of the obligor.; and (4) State that failure to contest the validity or enforcement of the order (c) A description and the location of property of the obligor in this state alleged to be the controlling order in a timely manner may result in not exempt from execution.; and confirmation that the order is the controlling order. (5) Except as otherwise provided in Article 1303.12, the The name and D. Upon registration of an income-withholding order for enforcement, address of the obligee and, if applicable, the agency or person to whom the support enforcement agency or the registering tribunal shall notify support payments are to be remitted. the obligor’s employer pursuant to the income-withholding laws law of this B. On receipt of a request for registration, the registering tribunal shall state. cause the order to be filed as a foreign judgment an order of a tribunal Art. 1306.6. Procedure to contest validity or enforcement of registered of another state or a foreign support order, together with one copy of the support order documents and information, regardless of their form. A. A nonregistering party seeking to contest the validity or enforcement of C. A petition or comparable pleading seeking a remedy that must be a registered support order in this state shall request a hearing within twenty affirmatively sought under other law of this state may be filed at the same days after notice of the registration the time required by Article 1306.5. time as the request for registration or later. The pleading must specify the The nonregistering party may seek to vacate the registration, to assert any grounds for the remedy sought. defense to an allegation of noncompliance with the registered order, or to D. If two or more orders are in effect, the person requesting registration contest the remedies being sought or the amount of any alleged arrearages shall: pursuant to Article 1306.7 (Contest of registration or enforcement). (1) Furnish to the tribunal a copy of every support order asserted to be in B. If the nonregistering party fails to contest the validity or enforcement effect in addition to the documents specified in this Section; of the registered support order in a timely manner, the order is confirmed (2) Specify the order alleged to be the controlling order, if any; and by operation of law. (3) Specify the amount of consolidated arrears, if any. C. If a nonregistering party requests a hearing to contest the validity or E. A request for a determination of which is the controlling order may enforcement of the registered support order, the registering tribunal shall be filed separately or with a request for registration and enforcement or schedule the matter for hearing and give notice to the parties of the date, for registration and modification. The person requesting registration shall time, and place of the hearing. give notice of the request to each party whose rights may be affected by the Art. 1306.7. Contest of registration or enforcement determination. A. A party contesting the validity or enforcement of a registered support Art. 1306.3. Effect of registration for enforcement order or seeking to vacate the registration has the burden of proving one or A. A support order or income-withholding order issued in another state or more of the following defenses: a foreign support order is registered when the order is filed in the registering (1) The issuing tribunal lacked personal jurisdiction over the contesting tribunal of this state. party. B. A registered support order issued in another state or a foreign country (2) The order was obtained by fraud. is enforceable in the same manner and is subject to the same procedures as (3) The order has been vacated, suspended, or modified by a later order. an order issued by a tribunal of this state. (4) The issuing tribunal has stayed the order pending appeal. C. Except as otherwise provided in this Section Chapter, a tribunal of this (5) There is a defense under the law of this state to the remedy sought. state shall recognize and enforce, but may not modify, a registered support (6) Full or partial payment has been made. order if the issuing tribunal had jurisdiction. (7) The prescriptive period statute of limitation under Article 1306.4 Art. 1306.4. Choice of law (Choice of law) precludes enforcement of some or all of the arrearages. A. Except as otherwise provided in Paragraph D, the The law of the issuing (8) The alleged controlling order is not the controlling order. state or foreign country governs: B. If a party presents evidence establishing a full or partial defense (1) The the nature, extent, amount, and duration of current payments and under Paragraph A of this Article, a tribunal may stay enforcement of the other obligations of support and the payment of arrearages under the order a registered support order, continue the proceeding to permit production under a registered support order; of additional relevant evidence, and issue other appropriate orders. An (2) The computation and payment of arrearages and accrual of interest on uncontested portion of the registered order may be enforced by all remedies the arrearages under the support order; and available under the laws law of this state. (3) The existence and satisfaction of other obligations under the support C. If the contesting party does not establish a defense under Paragraph order. A of this Article to the validity or enforcement of the a registered support B. In a proceeding for arrearages arrears under a registered support order, the registering tribunal shall issue an order confirming the order. order, the prescriptive period under the laws statute of limitation of this Art. 1306.8. Confirmed order state or of the issuing state or foreign country, whichever is longer, applies. Confirmation of a registeredsupport order, whether by operation of law or C. A responding tribunal of this state shall apply the procedures and after notice and hearing, precludes further contest of the order with respect remedies of this state to enforce current support and collect arrears to any matter that could have been asserted at the time of registration. and interest due on a support order of another state or a foreign country Subsection C. Registration and Modification of registered in this state. Child Support Order Of Another State D. After a tribunal of this state or another state determines which is the Art. 1306.9. Procedure to register child support order of another state for controlling order and issues an order consolidating arrears, if any, a tribunal modification of this state shall prospectively apply the law of the state or foreign country A party or support enforcement agency seeking to modify, or to modify issuing the controlling order, including its law on interest on arrears, on and enforce, a child support order issued in another state shall register current and future support, and on consolidated arrears. that order in this state in the same manner provided in Subsection A of this Subsection B. Contest of Validity or Enforcement Section Articles 1306.1 through 1306.8 if the order has not been registered. Art. 1306.5. Notice of registration of order A petition for modification may be filed at the same time as a request for A. When a support order or income-withholding order issued in another r e g i s t r at ion , or lat er. T he ple ad i n g mu s t s p e ci f y t he g r ou nd s for mo d i ficat ion . state or a foreign support order is registered, the registering tribunal of this Art. 1306.10. Effect of registration for modification state shall notify the nonregistering party. The notice must be accompanied A tribunal of this state may enforce a child support order of another state by a copy of the registered order and the documents and relevant information registered for purposes of modification, in the same manner as if the order accompanying the order. had been issued by a tribunal of this state, but the registered order may be B. The notice must inform the nonregistering party of all of the following: modified only if the requirements of Article 1306.11 (Modification of child (1) That a registered support order is enforceable as of the date of support order of another state) or 1306.13 have been met. registration in the same manner as an order issued by a tribunal of this Art. 1306.11. Modification of child support order of another state state.; A. After a child support order issued in another state has been registered (2) That a hearing to contest the validity or enforcement of the registered in this state, the responding tribunal of this state may modify that order order must be requested within twenty days after notice unless the only if Article 1306.13 (Jurisdiction to modify child support order of another registered order is under Article 1307.7; state when individual parties reside in this state) does not apply and, after ( 3) T h a t f a i lu r e t o c o nt e s t t he v a l id it y or e n for c e m e nt o f t he r e g i s t er e d or der notice and hearing, it finds that either If Article 1306.13 does not apply, upon in a timely manner will result in confirmation of the order and enforcement petition a tribunal of this state may modify a child support order issued in of the order and the alleged arrearages and precludes further contest of another state which is registered in this state if, after notice and hearing, that order with respect to any matter that could have been asserted.; and the tribunal finds that: (4) Of the amount of any alleged arrearages. (1) All of the The following requirements are met: C. If the registering party asserts that two or more orders are in effect, a (a) Neither the The child, nor the individual obligee who is an individual, notice must also: and nor the obligor do not reside resides in the issuing state. (b) A petitioner who is a nonresident of this state seeks modification.; and 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. (c) The respondent is subject to the personal jurisdiction of the tribunal support order otherwise required of the individual pursuant to Article of this state.; or 1306.11 has been given or whether the individual seeking modification is a (2) The child or a party who is an individual is subject to the personal resident of this state or of the foreign country. jurisdiction of the tribunal of this state and all of the parties who are B. An order issued by a tribunal of this state modifying a foreign child individuals have filed a written consent in the issuing tribunal for a support order pursuant to this section is the controlling order. tribunal of this state to modify the support order and assume continuing, Art. 1306.16. Procedure to register child support order of a foreign country exclusive jurisdiction over the order. However, if the issuing state is a for modification foreign jurisdiction that has not enacted a law or established procedures A party or support enforcement agency seeking to modify, or to modify substantially similar to the procedures under this Chapter, the consent and enforce, a foreign child support order not under the Convention may otherwise required of an individual residing in this state is not required register that order in this state under Articles 1306.1 through 1306.8 if the for the tribunal to assume jurisdiction to modify the child support order. order has not been registered. A petition for modification may be filed at the This state is the residence of the child, or a party who is an individual is same time as a request for registration, or at another time. The petition must subject to the personal jurisdiction of the tribunal of this state, and all of specify the grounds for modification. the parties who are individuals have filed consents in a record in the issuing Section 7. Determination of Parentage Support Proceedings Under tribunal for a tribunal of this state to modify the support order and assume Convention continuing, exclusive jurisdiction. Art. 1307.1. Proceeding to determine parentage Definitions B. Modification of a registered child support order is subject to the same A. A tribunal of this state may serve as an initiating or responding requirements, procedures, and defenses that apply to the modification of an tribunal in a proceeding brought under this Chapter or a law or procedure order issued by a tribunal of this state and the order may be enforced and substantially similar to this Chapter, the Uniform Reciprocal Enforcement satisfied in the same manner. of Support Act, or the Revised Uniform Reciprocal Enforcement of Support C. A tribunal of this state may not modify any aspect of a child support Act to determine that the petitioner is a parent of a particular child or to order that may not be modified under the law of the issuing state., including determine that a respondent is a parent of that child. the duration of the obligation of support. If t wo or more tribunals have issued B. In a proceeding to determine parentage, a responding tribunal of this child support orders for the same obligor and same child, the order that state shall apply the procedural and substantive law of this state and the controls and must be so recognized under the provisions of Article 1302.7 rules of this state on choice of law. (Recognition of controlling child support order) establishes the aspects of In this Section: the support order that which are nonmodifiable. (1) “Application” means a request under the Convention by an obligee D. In a proceeding to modify a child support order, the law of the state or obligor, or on behalf of a child, made through a central authority for that is determined to have issued the controlling order governs the duration assistance from another central authority. of the obligation of support. The obligor’s fulfillment of the duty of support (2) “Central authority” means the entity designated by the United States or established by that order precludes imposition of a further obligation of a foreign country described in Article 1301.2(5)(d) to perform the functions support by a tribunal of this state. specified in the Convention. D.E. On issuance of an order by a tribunal of this state modifying a child (3) “Convention support order” means a support order of a tribunal of a support order issued in another state, a the tribunal of this state becomes foreign country described in Article 1301.2(5)(d). the tribunal having continuing, exclusive jurisdiction. (4) “Direct request” means a petition filed by an individual in a tribunal F. Notwithstanding Paragraphs A through E of this Article and Article of this state in a proceeding involving an obligee, obligor, or child residing 1302.1(B), a tribunal of this state retains jurisdiction to modify an order outside the United States. issued by a tribunal of this state if: (5) “Foreign central authority” means the entity designated by a foreign (1) One party resides in another state; and country described in Article 1301.2(5)(d) to perform the functions specified (2) The other party resides outside the United States. in the Convention. Art. 1306.12. Recognition of order modified in another state (6) “Foreign support agreement”: A tribunal of this state shall recognize a modification of its earlier child (a) Means an agreement for support in a record that: support order by a tribunal of another state, which assumed jurisdiction (i) Is enforceable as a support order in the country of origin; pursuant to this Chapter or a law substantially similar to this Chapter, and, (ii) Has been: upon request, except as otherwise provided in this Chapter, shall do all of (aa) Formally drawn up or registered as an authentic instrument by a the following: If a child support order issued by a tribunal of this state is foreign tribunal; or modified by a tribunal of another state which assumed jurisdiction pursuant (bb) Authenticated by, or concluded, registered, or filed with a foreign to the Uniform Interstate Family Support Act, a tribunal of this state: tribunal; and (1) Enforce the order that was modified only as to amounts accruing before (iii) May be reviewed and modified by a foreign tribunal; and the modification. May enforce its order that was modified only as to arrears (b) Includes a maintenance arrangement or authentic instrument under and interest accruing before the modification; the Convention. (2) Enforce only nonmodifiable aspects of that order. (7) “United States central authority” means the Secretary of the United (3) Provide other May provide appropriate relief only for violations of that States Department of Health and Human Services. its order that which occurred before the effective date of the modification; Art. 1307.2. Applicability and This Section applies only to a support proceeding under the Convention. In (4)(3) Recognize Shall recognize the modifying order of the other state, such a proceeding, if a provision of this Section is inconsistent with Sections upon registration, for the purpose of enforcement. 1 through 6, this Section controls. Art. 1306.13. Jurisdiction to modify child support order of another state Art. 1307.3. Relationship of the Department of Children and Family when individual parties reside in this state Services to United States central authority A. If all of the parties who are individuals reside in this state and the child The Department of Children and Family Services of this state is recognized does not reside in the issuing state, a tribunal of this state has jurisdiction to as the agency designated by the United States central authority to perform enforce and to modify the issuing state’s child support order in a proceeding specific functions under the Convention. to register that order. Art. 1307.4. Initiation by the Department of Children and Family Services B. A tribunal of this state exercising jurisdiction as provided in under this of support proceeding under convention Article shall apply the provisions of Sections 1 and 2, this Section, of this A. In a support proceeding under this Section, the Department of Children Chapter, this Article, and the procedural and substantive laws of this state and Family Services, of this state shall: to the proceeding for enforcement or modification. Sections 3, 4, 5, 7, and 8 (1) Transmit and receive applications; and of this Chapter do not apply. (2) Initiate or facilitate the institution of a proceeding regarding an Art. 1306.14. Notice to issuing tribunal of modification application in a tribunal of this state. Within thirty days after issuance of a modified child support order, the B. The following support proceedings are available to an obligee under party obtaining the modification shall file a certified copy of the order with the Convention: the issuing tribunal that had continuing, exclusive jurisdiction over the (1) Recognition or recognition and enforcement of a foreign support order; earlier order, and in each tribunal in which the party knows the earlier (2) Enforcement of a support order issued or recognized in this state; order has been registered. A party who obtains the order and fails to file a (3) Establishment of a support order if there is no existing order, including, certified copy is subject to appropriate sanctions by a tribunal in which the if necessary, determination of parentage of a child; issue of failure to file arises. The failure to file does not affect the validity or (4) Establishment of a support order if recognition of a foreign support enforceability of the modified order of the new tribunal having continuing, order is refused under Article 1307.8(B)(2), (4), or (9); exclusive jurisdiction. (5) Modification of a support order of a tribunal of this state; and Subsection D. Registration and modification of foreign child support order (6) Modification of a support order of a tribunal of another state or a Art. 1306.15. Jurisdiction to modify child support order of foreign country foreign country. A. Except as otherwise provided in Article 1307.11, if a foreign country C. The following support proceedings are available under the Convention lacks or refuses to exercise jurisdiction to modify its child support order to an obligor against which there is an existing support order: pursuant to its laws, a tribunal of this state may assume jurisdiction to modify (1) Recognition of an order suspending or limiting enforcement of an the child support order and bind all individuals subject to the personal existing support order of a tribunal of this state; jurisdiction of the tribunal whether the consent to modification of a child (2) Modification of a support order of a tribunal of this state; and 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. (3) Modification of a support order of a tribunal of another state or a A. Except as otherwise provided in Paragraph B of this Article, a tribunal foreign country. of this state shall recognize and enforce a registered Convention support D. A tribunal of this state may not require security, bond, or deposit, order. however described, to guarantee the payment of costs and expenses in B. The following grounds are the only grounds on which a tribunal of this proceedings under the Convention. state may refuse recognition and enforcement of a registered Convention Art. 1307.5. Direct request support order: A. A petitioner may file a direct request seeking establishment or (1) Recognition and enforcement of the order is manifestly incompatible modification of a support order or determination of parentage of a child. In with public policy, including the failure of the issuing tribunal to observe the proceeding, the law of this state applies. minimum standards of due process, which include notice and an opportunity B. A petitioner may file a direct request seeking recognition and to be heard; enforcement of a support order or support agreement. In the proceeding, (2) The issuing tribunal lacked personal jurisdiction consistent with Articles 1307.6 through 1307.13 apply. Article 1302.1; C. In a direct request for recognition and enforcement of a Convention (3) The order is not enforceable in the issuing country; support order or foreign support agreement: (4) The order was obtained by fraud in connection with a matter of (1) A security, bond, or deposit is not required to guarantee the payment procedure; of costs and expenses; and (5) A record transmitted in accordance with Article 1307.6 lacks (2) An obligee or obligor that in the issuing country has benefitted from authenticity or integrity; free legal assistance is entitled to benefit, at least to the same extent, from (6) A proceeding between the same parties and having the same purpose any free legal assistance provided for by the law of this state under the same is pending before a tribunal of this state and that proceeding was the first circumstances. to be filed; D. A petitioner filing a direct request is not entitled to assistance from the (7) The order is incompatible with a more recent support order involving Department of Children and Family Services. the same parties and having the same purpose if the more recent support E. This Section does not prevent the application of laws of this state that order is entitled to recognition and enforcement under this Chapter in this provide simplified, more expeditious rules regarding a direct request for state; recognition and enforcement of a foreign support order or foreign support (8) Payment, to the extent alleged arrears have been paid in whole or in agreement. part; Art. 1307.6. Registration of convention support order (9) In a case in which the respondent neither appeared nor was represented A. Except as otherwise provided in this Section, a party who is an in the proceeding in the issuing foreign country: individual or a support enforcement agency seeking recognition of a (a) If the law of that country provides for prior notice of proceedings, the Convention support order shall register the order in this state as provided respondent did not have proper notice of the proceedings and an opportunity in Section 6. to be heard; or B. Notwithstanding Articles 1303.11 and 1306.2(A), a request for (b) If the law of that country does not provide for prior notice of the registration of a Convention support order must be accompanied by: proceedings, the respondent did not have proper notice of the order and (1) A complete text of the support order or an abstract or an extract of the an opportunity to be heard in a challenge or appeal on fact or law before a support order drawn up by the issuing foreign tribunal, which may be in the tribunal; or form recommended by The Hague Conference on Private International Law; (10) The order was made in violation of Article 1307.11. (2) A record stating that the support order is enforceable in the issuing C. If a tribunal of this state does not recognize a Convention support order country; under Subparagraph B(2), (4), or (9) of this Article. (3) If the respondent did not appear and was not represented in the (1) The tribunal may not dismiss the proceeding without allowing a proceedings in the issuing country, a record attesting, as appropriate, reasonable time for a party to request the establishment of a new Convention either that the respondent had proper notice of the proceedings and an support order; and opportunity to be heard or that the respondent had proper notice of the (2) The Department of Children and Family Services shall take all support order and an opportunity to be heard in a challenge or appeal on appropriate measures to request a child support order for the obligee if the fact or law before a tribunal; application for recognition and enforcement was received under Article (4) A record showing the amount of arrears, if any, and the date the amount 1307.4. was calculated; Art. 1307.9. Partial enforcement (5) A record showing a requirement for automatic adjustment of the amount If a tribunal of this state does not recognize and enforce a Convention of support, if any, and the information necessary to make the appropriate support order in its entirety, it shall enforce any severable part of the calculations; and order. An application or direct request may seek recognition and partial (6) If necessary, a record showing the extent to which the applicant enforcement of a Convention support order. received free legal assistance in the issuing country. Art. 1307.10. Foreign support agreement C. A request for registration of a Convention support order may seek A. Except as otherwise provided in Paragraphs C and D of this Article, recognition and partial enforcement of the order. a tribunal of this state shall recognize and enforce a foreign support D. A tribunal of this state may vacate the registration of a Convention agreement registered in this state. support order without the filing of a contest under Article 1307.7 only if, B. An application or direct request for recognition and enforcement of a acting on its own motion, the tribunal finds that recognition and enforcement foreign support agreement must be accompanied by: of the order would be manifestly incompatible with public policy. (1) A complete text of the foreign support agreement; and E. The tribunal shall promptly notify the parties of the registration or the (2) A record stating that the foreign support agreement is enforceable as order vacating the registration of a Convention support order. an order of support in the issuing country. Art. 1307.7. Contest of registered convention support order C. A tribunal of this state may vacate the registration of a foreign A. Except as otherwise provided in this Section, Articles 1306.5 through support agreement only if, acting on its own motion, the tribunal finds that 1306.8 apply to a contest of a registered Convention support order. recognition and enforcement would be manifestly incompatible with public B. A party contesting a registered Convention support order shall file a policy. contest not later than thirty days after notice of the registration, but if the D. In a contest of a foreign support agreement, a tribunal of this state may contesting party does not reside in the United States, the contest shall be refuse recognition and enforcement of the agreement if it finds: filed not later than sixty days after notice of the registration. (1) Recognition and enforcement of the agreement is manifestly C. If the nonregistering party fails to contest the registered Convention incompatible with public policy; support order by the time specified in Paragraph B of this Article, the order (2) The agreement was obtained by fraud or falsification; is enforceable. (3) The agreement is incompatible with a support order involving the same D. A contest of a registered Convention support order may be based only parties and having the same purpose in this state, another state, or a foreign on grounds set forth in Article 1307.8. The contesting party bears the burden country if the support order is entitled to recognition and enforcement of proof. under this Chapter in this state; or E. In a contest of a registered Convention support order, a tribunal of this (4) The record submitted under Paragraph B of this Article lacks state: authenticity or integrity. (1) Is bound by the findings of fact on which the foreign tribunal based its E. A proceeding for recognition and enforcement of a foreign support jurisdiction; and agreement shall be suspended during the pendency of a challenge to or (2) May not review the merits of the order. appeal of the agreement before a tribunal of another state or a foreign F. A tribunal of this state deciding a contest of a registered Convention country. support order shall promptly notify the parties of its decision. Art. 1307.11. Modification of convention child support order G. A challenge or appeal, if any, does not stay the enforcement of a A. A tribunal of this state may not modify a Convention child support order Convention support order unless there are exceptional circumstances. if the obligee remains a resident of the foreign country where the support Art. 1307.8. Recognition and enforcement of registered convention support order was issued unless: order (1) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or 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. (2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify Section 4.(A) Section 1 of this Act shall become effective on July 1, 2015; its support order or issue a new support order. if vetoed by the governor and subsequently approved by the legislature, B. If a tribunal of this state does not modify a Convention child support Section 1 of this Act shall become effective on the day following such order because the order is not recognized in this state, Article 1307.8(C) approval by the legislature. applies. (B) Section 2 of this Act shall become effective on October 1, 2015. Art. 1307.12. Personal information; limit on use (C) Section 3 of this Act and this Section shall become effective upon Personal information gathered or transmitted under this Section may be signature of this Act by the governor or, if not signed by the governor, used only for the purposes for which it was gathered or transmitted. upon expiration of the time for bills to become law without signature of Art. 1307.13. Record in original language; English translation the governor, as provided by Article III, Section 18 of the Constitution of A record filed with a tribunal of this state under this Section must be in the Louisiana. If this Act is vetoed by the governor and subsequently approved original language and, if not in English, must be accompanied by an English by the legislature, Section 3 of this Act and this Section shall become translation. effective on the day following such approval. Section 8. Interstate Rendition Approved by the Governor, June 5, 2015. Art. 1308.1. Grounds for rendition A true copy: A. For purposes of this Section, “governor” includes an individual Tom Schedler performing the functions of governor or the executive authority of a state Secretary of State covered by this Chapter. ------B. The governor of this state may either: (1) Demand that the governor of another state surrender an individual ACT No. 81 found in the other state who is charged criminally in this state with having - - - failed to provide for the support of an obligee.; or HOUSE BILL NO. 611 (2) On the demand by the gover nor of another state, sur render an indiv idual BY REPRESENTATIVE PYLANT found in this state who is charged criminally in the other state with having AN ACT failed to provide for the support of an obligee. To enact R.S. 37:1431(34) and 1448.3, relative to certain real estate contracts; C. A provision for extradition of individuals not inconsistent with this to define a net listing agreement; to prohibit net listing agreements Chapter applies to the demand even if the individual whose surrender is between real estate brokers and sellers with respect to sales of certain demanded was not in the demanding state when the crime was allegedly real estate property; and to provide for related matters. committed and has not fled therefrom. Be it enacted by the Legislature of Louisiana: Art. 1308.2. Conditions of rendition Section 1. R.S. 37:1431(34) and 1448.3 are hereby enacted to read as follows: A. Before making demand that the governor of another state surrender an §1431. Definitions individual charged criminally in this state with having failed to provide for * * * the support of an obligee, the governor of this state may require a prosecutor (34) “Net listing agreement” means a listing agreement that authorizes of this state to demonstrate that at least sixty days previously the obligee a broker to take as his commission the difference between the higher sale had initiated proceedings for support pursuant to this Chapter or that the price at which the real estate property is sold and the stipulated net price proceeding would be of no avail. agreed upon to be received by the seller. B. If, under this Chapter or a law substantially similar to this Chapter, the * * * Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform §1448.3. Net listing agreements Reciprocal Enforcement of Support Act, the governor of another state makes It is unlawful for any real estate broker to advise or encourage a seller a demand that the governor of this state surrender an individual charged in relation to, or to enter into, a net listing agreement as described in R.S. criminally in that state with having failed to provide for the support of a 37:1431(34), for the sale of residential real estate property or any land as child or other individual to whom a duty of support is owed, the governor defined in R.S. 47:2302. may require a prosecutor to investigate the demand and report whether Approved by the Governor, June 5, 2015. a proceeding for support has been initiated or would be effective. If it A true copy: appears that a proceeding would be effective but has not been initiated, the Tom Schedler governor may delay honoring the demand for a reasonable time to permit Secretary of State the initiation of a proceeding. ------C. If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the ACT No. 82 demand. If the petitioner prevails and the individual whose rendition is - - - demanded is subject to a support order, the governor may decline to honor HOUSE BILL NO. 656 the demand if the individual is complying with the support order. BY REPRESENTATIVE HARRISON Section 9. Miscellaneous Provisions AN ACT Art. 1309.1. Uniformity of application and construction To amend and reenact R.S. 33:140.62(A)(3) and (4), relative to state planning In applying and construing this uniform act, consideration must be given and development districts; to move St. Mary Parish to a new district; and to the need to promote uniformity of the law with respect to its subject to provide for related matters. matter among states that enact it to the extent that such provisions are not Be it enacted by the Legislature of Louisiana: prohibited by the Louisiana Constitution. Section 1. R.S. 33:140.62(A)(3) and (4) are hereby amended and reenacted Art. 1309.2. Transitional provision to read as follows: This Chapter applies to proceedings begun on or after the effective date §140.62. Designation of regions of this Chapter to establish a support order or determine parentage of a A. The development districts for the state designated and established child or to register, recognize, enforce, or modify a prior support order, by the governor in Executive Order No. 27 of 1973 are hereby continued as determination, or agreement, whenever issued or entered. follows: Art. 1309.3. Severability * * * If any provision of this Chapter or its application to any person or (3) District #3, composed of the parishes of Assumption, Lafourche, St. circumstance is held invalid, the invalidity does not affect other provisions Charles, St. James, St. Mary, St. John the Baptist and Terrebonne. or applications of this Chapter which can be given effect without the invalid (4) District #4, composed of the parishes of Acadia, Evangeline, Iberia, provision or application, and to this end the provisions of this Chapter are Lafayette, St. Landry, St. Martin, St. Mary and Vermilion. severable. * * * Section 2. R.S. 46:236.3(I) is hereby amended and reenacted to read as Approved by the Governor, June 5, 2015. follows: A true copy: §236.3. Enforcement of support by income assignment Tom Schedler * * * Secretary of State I.(1) The notice to withhold shall operate as an assignment and shall ------be binding, fourteen days after mailing or other transmission, or from the department by administrative order of income assignment, upon any ACT No. 83 existing or future employers or payors of income of the person ordered to - - - pay support. HOUSE BILL NO. 666 (2) Notwithstanding any provision of this Section, a payor may choose to BY REPRESENTATIVE REYNOLDS receive notices to withhold in an electronic format from the department in AN ACT accordance with the provisions of 42 U.S.C. 654a(g)(1)(A). To amend and reenact R.S. 6:213(B), 291(D) and (E), 705(C)(2), 786(D), and * * * 1191(C) and to enact R.S. 6:213(C), relative to banking regulations; to provide Section 3. Prior to October 1, 2015, the Department of Children and Family relative to articles of incorporation; to allow and restrict authorizing Services shall take action necessary to implement Section 2 of this Act on reversion of ownership interests; to allow and restrict limited liability; October 1, 2015, including promulgation of necessary rules in accordance and to provide for related matters. with the Administrative Procedure Act. Be it enacted by the Legislature of Louisiana: 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. Section 1. R.S. 6:213(B), 291(D) and (E), 705(C)(2), 786(D), and 1191(C) are (3). The provisions of R.S. 12:24(C)(4) R.S. 6:213(B)(3) may be included in the hereby amended and reenacted and R.S. 6:213(C) is hereby enacted to read articles of both mutual and stock associations. as follows: * * * §213. Articles of incorporation, filing, form, content; letter of acceptance §786. Relation and liability of directors and officers for filing * * * * * * D. T he pr ov i s io n s o f t h i s S e c t io n s h a l l no t a f fe c t t he r i g ht o f i n c o r p o r a t o r s o r B.(1) Notwithstanding the provisions of R.S. 6:291, the articles of shareholders of financial institutions to include in articles of incorporation incorporation may contain other provisions for the regulation of the provisions as authorized by R.S. 12:24(C)(4) R.S. 6:213(B)(3) or R.S. 6:705. business and the conduct of the affairs of the state bank including any * * * provision authorized by R.S. 12:24(C)(3) or (4) in Paragraphs (2) or (3) of this §1191. Relation and liability of directors and officers Subsection, but they shall not contain any provision which is in derogation * * * of the provisions of this law or violates any other provision of the laws of this C. The provisions of this Section shall not affect the right of incorporators state or of the laws of the United States. or shareholders of savings banks to include in articles of incorporation (2)(a) The articles of incorporation of a bank or bank holding company provisions as authorized by R.S. 12:24(C)(4) R.S. 6:213(B)(3). may contain a provision that any of the following not claimed by the entitled * * * shareholder despite reasonable efforts by the corporation to pay dividends Approved by the Governor, June 5, 2015. or redemption price or deliver certificates for shares to the shareholder A true copy: shall revert in full ownership to the corporation: Tom Schedler (i) Cash. Secretary of State (ii) Property or share dividends. ------(iii) Shares issuable to shareholders in connection with a reclassification of stock. ACT No. 84 (iv) The redemption price of redeemed shares. - - - (b) An obligation of the corporation to pay the dividend or the redemption HOUSE BILL NO. 697 price or issue the shares shall, in any event, exist for no less than one year BY REPRESENTATIVE ABRAMSON after the dividend or redemption price became payable or after the shares AN ACT became issuable. To amend and reenact Code of Civil Procedure Articles 2636(8) and 2637(F) (c) The obligation of the corporation to pay the dividend or redemption and R.S. 13:3733.1(A)(introductory paragraph), (2), and (4), (C), and (E) and price or issue the shares shall thereupon cease, but the board of directors to enact Code of Civil Procedure Article 2636(9) and R.S. 13:3733.1(A)(5) and may, at any time and for any reason satisfactory to the board, authorize (6), (L), and 3733.2, relative to electronic obligations records and electronic either of the following: signatures; to deem financial institution records and promissory notes (i) Payment of the amount of any cash, property dividend, or redemption containing electronic signatures to be authentic evidence; to provide for price, ownership of which has reverted to the corporation pursuant to a electronic signatures regarding evidence which need not be authentic; provision of the articles authorized by this Section, to the entity who would to provide for definitions; to modify the certificate required to deem be entitled thereto had such reversion not occurred. reproductions as authentic evidence; to provide for the transferability of (ii) Issuance of any shares, ownership of which has reverted to the rights, authority, and protections relative to the use of reproductions; to corporation pursuant to a provision of the articles authorized by this provide for obligations records containing electronic signatures; to allow Section, to the entity who would be entitled thereto had such reversion not for a presumption of authenticity; to provide for a certification form; to occurred. exempt collateral mortgage notes; and to provide for related matters. (3)(a) The articles of incorporation of a bank or a bank holding company Be it enacted by the Legislature of Louisiana: may contain a provision eliminating or limiting the personal liability of Section 1. Code of Civil Procedure Articles 2636(8) and 2637(F) are hereby a director or officer to the corporation or its shareholders for monetary amended and reenacted and Code of Civil Procedure Article 2636(9) is damages for breach of fiduciary duty as a director or officer, provided that hereby enacted to read as follows: the provision shall not eliminate or limit the liability of a director or officer Art. 2636. Authentic evidence for any of the following: The following documentary evidence shall be deemed to be authentic for (i) A breach of a duty of loyalty, which is imposed on a director or officer, purposes of executory process: to the bank, bank holding company, or its shareholders. * * * (ii) Acts or omissions not in good faith or involving intentional misconduct (8) All other documentary evidence recognized by law as authentic or involving a knowing violation of law. evidence, including R.S. 9:5555, R.S. 10:9-629, and R.S. 13:3733.1 and 3733.2. (iii) Liability incurred pursuant to R.S. 12:1‑833. (9) A promissory note or other evidence of indebtedness evidencing (iv) Any transaction from which the director or officer derived an improper the obligation secured by the mortgage, security agreement or privilege, personal benefit. containing an electronic signature in accordance with the Louisiana (b) For the purposes of this Paragraph, no provision shall eliminate or Uniform Electronic Transactions Act, R.S. 9:2601 et seq. and accompanied limit the liability of a director or officer for any act or omission that occurred by a certification in accordance with R.S. 13:3733.2. prior to the date the provision becomes effective. Art. 2637. Evidence which need not be authentic (2) C. When all fees and charges have been paid as required by law, the * * * commissioner shall review the filed articles and, if the articles comply with F. E v id e n c e a s t o t h e pr o p e r p a r t y pl a i n t i f f e n t it le d t o e n fo r c e t h e o bl i g a t io n the provisions of this law, shall issue a letter of acceptance for filing endorsed secured by the note, bond, handnote, or other instrument, including those with the date and hour, if requested, of his acceptance. If the commissioner that are electronically signed, evidencing the obligation of which a copy or finds that the articles of incorporation violate any part of this law, he shall reproduction is submitted in accordance with Article 2636(8) or Paragraph C notify the proposed incorporators of such violation and shall require that of this Article, may be proved by verified original or supplemental petition, the articles be amended to conform to the provisions of this Section. or by an affidavit submitted therewith. * * * Section 2. R.S. 13:3733.1(A)(introductory paragraph), (2), and (4), (C), and (E) §291. Relation and liability of directors and officers to bank and bank are hereby amended and reenacted and R.S. 13:3733.1(A)(5) and (6), (L), and holding company stockholders 3733.2 are hereby enacted to read as follows: * * * §3733.1. Financial institution records; reproductions; recordkeeping; D. The provisions of this Section shall not affect the right of incorporators admissibility into evidence; definitions or shareholders of banks or bank holding companies to include in articles A. As used in this Section and in R.S. 13:3733.2, the following terms shall of incorporation provisions as authorized by R.S. 12:24(C)(4) or R.S. 6:213(B) have the following meanings: (1) R.S. 6:213(B). * * * E. Notwithstanding any other law to the contrary, particularly but not (2) “Record” means any writing, entry, print, instrument, or document exclusively R.S. 12:91, the provisions of this Section shall be the sole and evidencing any transaction or event, including but not limited to books of exclusive law governing the relation and liability of directors and officers account, vouchers, documents, agreements, contracts, security agreements, to their bank or holding company or to the shareholders thereof or to any other collateral security documents, checks, and correspondence. The term other person or entity, except that the provisions of R.S. 12:92 R.S. 12:1-833 also includes information that is stored in electronic or other medium and is shall remain applicable to directors and officers of bank holding companies. retrievable in perceivable form. * * * * * * §705. Incorporation; articles of incorporation; content; bylaws (4) “Reproduction” means a counterpart, duplicate, or copy, or a durable * * * medium for making a counterpart, duplicate, or copy, produced from the C. The articles may also contain any of the following: same impression as the original, or from the same matrix, or produced * * * or obtained by any photographic, photostatic, microfilm, microcard or (2) Any other provision for the regulation of the business and conduct of miniature or microphotographic process, or by any mechanical or electronic the affairs of the corporation not prohibited by this Chapter or other laws of recording or re-recording, electronic or optical imaging, chemical process this state, including any provision authorized by R.S. 12:24(C)(4) R.S. 6:213(B) or other process or technique which accurately reproduces the original or forms or creates a durable medium for so reproducing the original, 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. including but not limited to computer and other printouts, and counterparts, B. A record containing an electronic signature or a reproduction of a duplicates, copies, and other output generated or produced by or from record containing an electronic signature is presumed to be genuine if an electronic imaging system such as counterparts, duplicates, or copies accompanied by a certification, executed by a representative of a financial produced or obtained from optical disks. A reproduction shall also mean institution or its assignee, substantially as follows: a substitute check as defined under the federal Check Clearing for the 21st STATE OF______Century Act and Regulation CC, 12 CFR 229.2(aaa). The term also includes PARISH/COUNTY OF______the reproduction of a record containing an electronic signature. CITY OF ______(5) “Electronic record” means a record created, generated, sent, I,______, a representative of ______communicated, received, or stored by electronic means. (the Financial Institution or assignee) do hereby certify the following: (6) “Electronic signature” means an electronic sound, symbol, or process (a) In accordance with R.S. 13:3733.2, based on the undersigned person’s attached to or logically associated with a record and executed or adopted by personal knowledge or upon information and belief based upon records of a person with the intent to sign the record. the financial institution, any assignee, or any other person that are kept or * * * obtained in the ordinary course of its business activities, the document(s) C. Notwithstanding any other statute, rule of law, regulation, ordinance, attached to this certificate, consisting of ___ page(s), is (are each) a record, or other provision to the contrary, except Subsection G of this Section, each electronic record, or reproduction of a record or electronic record that reproduction of a record made pursuant to this Section shall be considered contains a genuine electronic signature of ______(insert name of to be an original of such record for all purposes and shall be admissible signer on documents). into evidence to the same extent as the original record itself in any judicial, (b) If the document(s) attached to this certificate is (are each) an obligation administrative, and other proceedings in all courts, tribunals, and other sought to be enforced, including a promissory note, the financial institution bodies and in any proceedings before all boards, bureaus, departments, or assignee named above is entitled to enforce the obligation(s) evidenced commissions, and agencies of this state, whether the original record is in by the documents. existence or not, and shall be received in evidence as prima facie proof of its contents with the same force and effect as though the original document NAME were produced, and shall be deemed authentic evidence authentic for all purposes, satisfying the requirements of Code of Evidence Articles 901 and TITLE 902. The introduction of a reproduction does not preclude introduction of the original record. ADDRESS * * * C. The provisions of this Section that authorize the use of a record E. Whenever any counterpart, duplicate, or copy or group of counterparts, containing an electronic signature or a reproduction of a record containing duplicates, or copies shall be certified with a certificate reading an electronic signature shall not apply to a collateral mortgage note as substantially as follows, each such counterpart, duplicate, or copy shall defined in R.S. 10:9-102(d)(3). be a reproduction as defined in this Section and shall be admissible into Approved by the Governor, June 5, 2015. evidence as the original record. Except as prohibited in Subsection G of this A true copy: Section, if the original record would be deemed to be authentic evidence, Tom Schedler the reproduction, so certified, shall also be deemed authentic evidence Secretary of State for all purposes including but not limited to for purposes of Code of Civil ------Procedure Articles 2631 et seq. STATE OF ACT No. 85 PARISH/COUNTY OF - - - CITY OF HOUSE BILL NO. 722 I,______, a representative of ______BY REPRESENTATIVES BILLIOT, ARMES, BOUIE, COX, GISCLAIR, ______(the Financial Institution or assignee) do hereby certify HILL, HONORE, HOWARD, JONES, NANCY LANDRY, TERRY LANDRY, the following: MONTOUCET, MORENO, NORTON, ORTEGO, PRICE, PUGH, PYLANT, (a) The document(s) attached to this certificate, consisting of ____ page(s) SMITH, ST. GERMAIN, AND WOODRUFF is (are each) a true and correct reproduction of the original thereof, being a AN ACT reproduction made from the records maintained by the Financial Institution To amend and reenact R.S. 46:2131, 2132(3) and (4), 2135(A)(introductory or assignee in the course of its business activities and made in accordance paragraph), 2136(A)(introductory paragraph), and 2140(A) and (C)(2)(g) and with the provisions of R.S. 13:3733.1. (3)(b), relative to domestic abuse assistance; to provide relative to domestic (b) If the document(s) attached to this certificate is (are each) an obligation abuse between dating partners; to provide relative to non-physical sought to be enforced, including a promissory note, the Financial Institution offenses; to provide relative to the issuance of temporary restraining or assignee does certify that the Financial Institution it is a person or entity orders; to provide relative to the granting of protective orders; to provide entitled to enforce the obligation(s) evidenced by the document(s) attached relative to duties of law enforcement officers; and to provide for related to this certificate. matters. Be it enacted by the Legislature of Louisiana: NAME Section 1. R.S. 46:2131, 2132(3) and (4), 2135(A)(introductory paragraph), 2136(A)(introductory paragraph), and 2140(A) and (C)(2)(g) and (3)(b) are TITLE hereby amended and reenacted to read as follows: §2131. Purposes ADDRESS The purpose of this Part is to recognize and address the complex legal and * * * social problems created by domestic violence. The legislature finds that L. A person that purchases, acquires, or otherwise obtains an interest in a existing laws which regulate the dissolution of marriage do not adequately promissory note, instrument, loan, asset, or other evidence of indebtedness address problems of protecting and assisting the victims of domestic abuse. previously held by a financial institution has the same rights, authority, and The legislature further finds that previous societal attitudes have been protections that the financial institution had under this Section relative reflected in the policies and practices of law enforcement agencies and to the use of a reproduction of a record pertaining to the promissory note, prosecutors which have resulted in different treatment of crimes occurring instrument, loan, asset, or other evidence of indebtedness. between family or members, household members, or dating partners and §3733.2. Financial institution records containing electronic signatures; those occurring between strangers. It is the intent of the legislature to admissibility into evidence provide a civil remedy for domestic violence which will afford the victim A. Notwithstanding any other provision to the contrary, if accompanied immediate and easily accessible protection. Furthermore, it is the intent by a certification as provided in Subsection B of this Section, a record, of the legislature that the official response of law enforcement agencies to containing an electronic signature or a reproduction of a record containing cases of domestic violence shall stress the enforcement of laws to protect an electronic signature, shall be considered to be an original, as defined in the victim and shall communicate the attitude that violent behavior is not Article 1001 of the Code of Evidence, for all purposes and shall be admissible excused or tolerated. into evidence as an original record in any judicial, administrative, and §2132. Definitions other proceedings in all courts, tribunals, and other bodies and in any As used in this Part: proceedings before all boards, bureaus, departments, commissions, and * * * agencies of this state, and shall be received in evidence as prima facie proof (3) “Domestic abuse” includes but is not limited to physical or sexual abuse of its contents with the same force and effect as an original record, and and any offense against the person, physical or non-physical, as defined in shall be deemed authentic for all purposes, satisfying the requirements of the Criminal Code of Louisiana, except negligent injury and defamation, Code of Evidence Articles 901 and 902. If accompanied by a certification as committed by one family or member, household member, or dating partner provided in Subsection B of this Section, a record containing an electronic against another. “Domestic abuse” also includes abuse of adults as defined signature or a reproduction of a record containing an electronic signature in R.S. 15:1503 when committed by an adult child or adult grandchild. shall be deemed authentic evidence for purposes of executory process to (4) “Family members” means spouses, former spouses, parents and the same extent as if it were a manually signed paper original record. children, stepparents, stepchildren, foster parents, and foster children. “Household members” means any person of the opposite sex presently or 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. formerly living in the same residence with the defendant as a spouse, whether §423.9. City of Crowley; authority over police personnel by chief of police married or not, who is seeking protection under this Part. “Dating partner” Notwithstanding the provisions of R.S. 33:423 or any other provision of means any person protected from violence under R.S. 46:2151 who is seeking law to the contrary, in and for the city of Crowley, the chief of police shall protection under this Part. If a parent or grandparent is being abused by appoint, discipline, and discharge police personnel subject to the budgetary an adult child, adult foster child, or adult grandchild, the provisions of this limitations established by the mayor and board of alderman pertaining to Part shall apply to any proceeding brought in district court. the number of allotted positions for the police department. * * * Approved by the Governor, June 19, 2015. §2135. Temporary restraining order A true copy: A. Upon good cause shown in an ex parte proceeding, the court may Tom Schedler enter a temporary restraining order, without bond, as it deems necessary to Secretary of State protect from abuse the petitioner, any minor children, or any person alleged ------to be an incompetent. Any person who shows immediate and present danger of abuse shall constitute good cause for purposes of this Subsection. The ACT No. 87 court shall consider any and all past history of abuse, or threats thereof, in - - - determining the existence of an immediate and present danger of abuse. HOUSE BILL NO. 30 There is no requirement that the abuse itself be recent, immediate, or BY REPRESENTATIVES RICHARD, ARNOLD, BERTHELOT, STUART present. The order may include but is not limited to the following: BISHOP, BROWN, BURFORD, COX, GAROFALO, GEYMANN, GISCLAIR, * * * HARRIS, HARRISON, HAVARD, HENRY, HENSGENS, HOWARD, §2136. Protective orders; content; modification; service HUNTER, HUVAL, JAMES, JEFFERSON, JAY MORRIS, ORTEGO, A. The court may grant any protective order or approve any consent PEARSON, PIERRE, POPE, PYLANT, SCHEXNAYDER, SCHRODER, agreement to bring about a cessation of domestic abuse as defined in R.S. TALBOT, WHITNEY, PATRICK WILLIAMS, AND WILLMOTT AND 46:2132(3), or the threat or danger thereof, of to a party, any minor children, SENATOR MILLS or any person alleged to be incompetent, which relief may include but is not AN ACT limited to: To amend and reenact R.S. 39:82(A) and 352 and to enact Subpart S of * * * Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised §2140. Law enforcement officers; duties Statutes of 1950, to be comprised of R.S. 39:100.146, 1567(E), and Subpart F A. If a law enforcement officer has reason to believe that a family or of Part I of Chapter 16 of Subtitle III of Title 39 of the Louisiana Revised household member or dating partner has been abused and the abusing party Statutes of 1950, to be comprised of R.S. 39:1590, relative to professional, is in violation of a temporary restraining order, a preliminary or permanent personal, and consulting services procurement; to require consideration injunction, or a protective order issued pursuant to R.S. 9:361 et seq., R.S. by the Joint Legislative Committee on the Budget of certain professional, 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., Children’s Code personal, and consulting service contracts; to provide for the submission Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or of periodic reports; to provide for exceptions; to establish the Higher Code of Criminal Procedure Articles 30, 327.1, 335.1, 335.2, and 871.1, the Education Financing Fund; to provide for the deposit, use, and investment officer shall immediately arrest the abusing party. of monies in the fund; to provide for an effective date; and to provide for * * * related matters. C. Be it enacted by the Legislature of Louisiana: * * * Section 1. R.S. 39:82(A) and 352 are hereby amended and reenacted and (2) In determining if one party is the predominant aggressor, the law Subpart S of Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana enforcement officer may consider any other relevant factors, but shall Revised Statutes of 1950, comprised of R.S. 39:100.146, R.S. 39:1567(E), and consider the following factors based upon his or her observation: Subpart F of Part I of Chapter 16 of Subtitle III of Title 39 of the Louisiana * * * Revised Statutes of 1950, comprised of R.S. 39:1590, are hereby enacted to (g) The existence of a temporary restraining order, a preliminary or read as follows: permanent injunction, or a protective order issued pursuant to R.S. 9:361 et §82. Remission of cash balances to the state treasurer; authorized seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et seq., Children’s withdrawals of state monies after the close of the fiscal year Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, A. All cash balances occurring from appropriations made by legislative or Code of Criminal Procedure Articles 30, 327.1, 335.1, 335.2, and 871.1. The act or by the Interim Emergency Board regardless of date of passage to officer shall presume that the predominant aggressor is the person against any state agency for which no bona fide liability exists on the last day of whom the order was issued. each fiscal year shall be remitted to the state treasurer by the fifteenth (3) day following the last day of the fiscal year. Any appropriations including * * * those made by the Interim Emergency Board of the preceding fiscal year (b) If the officer determines that one person was the predominant remaining at the end of the fiscal year against which bona fide liabilities aggressor in a misdemeanor offense, the officer shall arrest the predominant existed as of the last day of the fiscal year may be withdrawn from the state aggressor if there is reason to believe that there is impending danger or if treasury during the forty-five day period after the last day of the fiscal year the predominant aggressor is in violation of a temporary restraining order, a only as such liabilities come due for payment. Prior to placing monies preliminary or permanent injunction, or a protective order issued pursuant associated with such unexpended appropriations into the state general to R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2131 et seq., R.S. 46:2151, R.S. 46:2171 et fund, the state treasurer shall transfer all cash balances identified and seq., Children’s Code Article 1564 et seq., Code of Civil Procedure Articles reported by the commissioner of administration as being from unexpended 3604 and 3607.1, or Code of Criminal Procedure Articles 30, 327.1, 335.1, and unencumbered state general fund (direct) and Overcollections Fund 335.2, and 871.1. If there is no threat of impending danger or no violation of appropriations for professional, personal, and consulting service contracts a temporary restraining order, a preliminary or permanent injunction, or not approved by the Joint Legislative Committee on the Budget as provided a protective order, the officer may arrest the predominant aggressor at the in R.S. 39:1590 and remaining at the end of each fiscal year for deposit in officer’s discretion, whether or not the offense occurred in the presence of and credit to the Higher Education Financing Fund as are necessary to the officer. An arrest pursuant to the provisions of this Subparagraph shall satisfy the requirements of R.S. 39:100.146, and then shall make deposits be subject to the laws governing arrest, including the need for probable to the Payments Towards the UAL Fund as are necessary to satisfy the cause as otherwise provided by law. The exceptions provided for in this requirements of R.S. 39:100.11. Section shall apply. * * * * * * SUBPART S. HIGHER EDUCATION FINANCING FUND Approved by the Governor, June 5, 2015. §100.146. Higher Education Financing Fund A true copy: A. There is hereby established in the state treasury, as a special fund, the Tom Schedler Higher Education Financing Fund, hereinafter referred to as the “fund”. Secretary of State B.(1) The state treasurer is directed to deposit into the fund an amount ------equal to cash balances identified and reported by the commissioner of administration as being from unexpended and unencumbered state general ACT No. 86 fund (direct) and Overcollections Fund appropriations for contracts not - - - approved by the Joint Legislative Committee on the Budget for professional, HOUSE BILL NO. 8 personal, and consulting services under the jurisdiction of the office of state BY REPRESENTATIVE MONTOUCET procurement available at the end of each fiscal year as are necessary to satisfy AN ACT the requirements of R.S. 39:1590. The commissioner of administration, in To enact R.S. 33:423.9, relative to the Crowley police department; to authorize consultation with the state chief procurement officer, shall periodically the police chief to appoint, discipline, and discharge police personnel; determine the amount of monies appropriated for professional, personal, and and to provide for related matters. consulting service contracts that remain unexpended and unencumbered Notice of intention to introduce this Act has been published as provided by as a result of implementation of R.S. 39:1590. Such determination shall take Article III, Section 13 of the Constitution of Louisiana. place on the following dates in fiscal years 2015-2016, 2016-2017, and 2017- Be it enacted by the Legislature of Louisiana: 2018: Section 1. R.S. 33:423.9 is hereby enacted to read as follows: (a) September thirtieth. 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. (b) December thirty-first. (d) June thirtieth. (c) March thirty-first. (2) Following each determination required pursuant to the provisions of (d) June thirtieth. this Subsection, the commissioner of administration shall report to the state (2) All unexpended and unencumbered monies in the fund at the end of treasurer the amount of state general fund (direct) and Overcollections Fund the fiscal year shall remain in the fund. The monies in the fund shall be monies appropriated for professional, personal, and consulting service invested by the state treasurer in the same manner as monies in the state contracts that are expected to remain unexpended and unencumbered at general fund, and interest earned on the investment of monies shall be the end of the fiscal year as a result of implementation of this Section. These credited to the fund. monies shall be available for deposit in and credit to the Higher Education C. Monies in the fund shall be appropriated and used solely for public Financing Fund as provided for in R.S. 39:100.146. postsecondary education institutions. C. Notwithstanding any provision of law to the contrary, this Section shall * * * not apply to the following professional, personal, or consulting service §352. Cancellation of unexpended portions of appropriations; exceptions contracts: Whenever any specific appropriation is made to meet any item of (1) Contracts of the secretary of state necessary to perform any expenditure which occurs annually by provision of law or for contingent constitutional or statutory function of the office. expense, and any portion of it remains unexpended at the end of the (2) All contracts to implement the programs of the Department of Health year for which the specific appropriation was made, after all legal claims and Hospitals funded pursuant to Title XIX, Title XX, and Title XXI of the against it for the year have been paid, the commissioner of administration Social Security Act or funded fully or partially by federal funds. shall cancel any balance of the appropriation, and each succeeding year (3) Contracts with state or local providers of indigent defender services he shall open a new account for the appropriation which may be made for necessary to perform any constitutional or statutory function. that particular year, without carrying forward any unexpended balance of (4) Contracts of a district attorney necessary to perform any constitutional, appropriation made for any previous year. This provision shall not apply discretionary, or statutory function of the office, or to perform services under to appropriations made to pay the debt of the state, principal and interest. the child support enforcement program administered by the Department of Prior to placing monies associated with such unexpended appropriations Children and Family Services in accordance with the federal requirements into the state general fund, the state treasurer shall transfer all cash of Title IV-D of the Social Security Act and corresponding state laws and balances identified and reported by the commissioner of administration regulations. as being from unexpended and unencumbered state general fund (direct) Section 2. The provisions of Section 1 of this Act shall become null, void, and Overcollections Fund appropriations for professional, personal, and and of no effect on July 1, 2018. consulting service contracts not approved by the Joint Legislative Committee Section 3. This Act shall become effective on July 1, 2015; if vetoed by on the Budget as provided in R.S. 39:1590 remaining at the end of each fiscal the governor and subsequently approved by the legislature, this Act shall year for deposit in and credit to the Higher Education Financing Fund as is become effective on July 1, 2015, or on the day following such approval by the necessary to satisfy the requirements of R.S. 39:100.146 and then shall make legislature, whichever is later. deposits to the Payments Towards the UAL Fund as are necessary to satisfy Approved by the Governor, June 19, 2015. the requirements of R.S. 39:100.11. A true copy: * * * Tom Schedler §1567. Reporting requirements Secretary of State * * * ------E. The state chief procurement officer shall submit a report at the end of each month to the Joint Legislative Committee on the Budget summarizing ACT No. 88 each contract, including the dollar value of each contract awarded that - - - month over which the office of state procurement has power and authority. HOUSE BILL NO. 50 The report shall also indicate if each contract is for discretionary purposes BY REPRESENTATIVE DANAHAY or if it is for nondiscretionary purposes. AN ACT * * * To amend and reenact R.S. 40:1666.1(A)(3)(c), relative to internal statutory SUBPART F. APPROVAL OF CERTAIN PROFESSIONAL, references in provisions dealing with supplemental pay for firefighters PERSONAL, AND CONSULTING SERVICES CONTRACTS and police officers; to amend such a statutory reference; and to provide for FOR FISCAL YEAR 2015-2016 THROUGH FISCAL YEAR 2017-2018 related matters. §1590. Approval of Certain Professional, Personal, and Consulting Services Be it enacted by the Legislature of Louisiana: Contracts for Fiscal Year 2015-2016 Through Fiscal Year 2017-2018 Section 1. R.S. 40:1666.1(A)(3)(c) is hereby amended and reenacted to read A. In Fiscal Year 2015-2016 through 2017-2018, the commissioner of as follows: administration, in consultation with the state chief procurement officer, §1666.1. Extra compensation shall report each contract for professional, personal, and consulting services A. with a total dollar amount of forty thousand dollars or more per year that is * * * funded solely with state general fund (direct) or the Overcollections Fund (3) and is for discretionary purposes to the Joint Legislative Committee on the * * * Budget for review and approval prior to the effectiveness of the contract. (c) Notwithstanding any other provision of law to the contrary, no (1) If within thirty days of receipt of the contract, the Joint Legislative municipality, parish, fire protection district, or other political subdivision Committee on the Budget does not place the contract on its agenda for maintaining a fire department, or the Chitimacha Tribe of Louisiana or review and approval, the contract shall be deemed to be approved. the Coushatta Indian Tribe of Louisiana, or any such nonprofit corporation (2) If within thirty days of receipt of the contract, the contract is placed on contracting to provide fire protection services, shall be subject to penalty the agenda for review, the Joint Legislative Committee on the Budget may for reducing the salary of any employee whose salary has been enhanced take the following action: pursuant to this Paragraph for one year by an amount not exceeding the (a) Approve the contract. amount of such enhancement. Any such reduction shall not be void as (b) Reject the contract and notify the commissioner of administration that provided in R.S. 40:1667.4 40:1666.4. such funds otherwise proposed for this purpose shall be deposited into the * * * Higher Education Financing Fund as provided in R.S. 39:100.146. Section 2. This Act shall become effective upon signature by the governor (c) Recommend revisions to the contract. If the Joint Legislative or, if not signed by the governor, upon expiration of the time for bills to Committee on the Budget recommends revisions to the contract, the become law without signature by the governor, as provided in Article III, contract shall not become effective until it is revised, resubmitted to the Section 18 of the Constitution of Louisiana. If vetoed by the governor and Joint Legislative Committee on the Budget, and acted upon again by the subsequently approved by the legislature, this Act shall become effective on committee. If the commissioner of administration, in consultation with the the day following such approval. state chief procurement officer, does not resubmit the contract to the Joint Approved by the Governor, June 19, 2015. Legislative Committee on the Budget within thirty days after the committee A true copy: recommends revisions to the contract, the contract shall be deemed to be Tom Schedler rejected and funds otherwise proposed for this purpose shall be deposited Secretary of State into the Higher Education Financing Fund as provided in R.S. 39:100.146. ------B.(1) The commissioner of administration, in consultation with the state chief procurement officer, shall periodically determine the amount of monies appropriated for professional, personal, and consulting service contracts that are not approved by the Joint Legislative Committee on the Budget and remain unexpended and unencumbered as a result of implementation of this Section. Such determination shall take place on the following dates in fiscal years 2015-2016, 2016-2017, and 2017-2018: (a) September thirtieth. (b) December thirty-first. (c) March thirty-first. THE ADVOCATE * 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.