dwelling. The lessor may withhold the lessee’s security deposit only for any reason permitted under R.S. 9:3251. If the lessee or an additional lessee is ACTS OF 2021 a sexual assault offender named on reasonable documentation presented to the lessor, the lessor shall be entitled to an immediate eviction of the sexual assault offender upon presenting the court with reasonable documentation of the assault. LEGISLATURE (3) When there are multiple lessees who are parties to a lease agreement for which the accommodation of early termination is requested by one or more lessees, and upon the lessee’s timely providing to the lessor reasonable documentation of the sexual assault as required in this Section, the entire lease shall terminate on the mutually agreed-upon date, and the lessor Acts 1-92 shall be entitled to an immediate eviction of all lessees upon presenting the court with reasonable documentation of the sexual assault. If the lessee or ACT No. 1 an additional lessee is a sexual assault offender named on the reasonable - - - documentation presented to the lessor, then the lessor shall be entitled to an HOUSE BILL NO. 375 immediate eviction of the sexual assault offender upon presenting the court BY REPRESENTATIVES FREEMAN, ADAMS, BRYANT, BUTLER, with reasonable documentation of the assault. Lessors shall be immune from CARPENTER, GARY CARTER, CORMIER, COX, ECHOLS, GLOVER, any and all lawsuits, claims, demands, or causes of action filed by or on behalf GREEN, HORTON, HUGHES, JEFFERSON, JENKINS, LANDRY, of lessees. LARVADAIN, MARCELLE, MOORE, NEWELL, PHELPS, WHITE, AND D. A certification of sexual assault form as provided by this Section shall WILLARD AND SENATORS BARROW, CLOUD, CORTEZ, FIELDS, FOIL, read substantially the same as follows: HENRY, HEWITT, JACKSON, LUNEAU, ROBERT MILLS, MIZELL, “(Name of qualified third party and, if applicable, the name of their sexual PEACOCK, AND PETERSON assault center, office, or agency) AN ACT I have suffered sexual assault as defined in La. R.S. 9:3261.2. To enact R.S. 9:3261.2, relative to residential leases; to provide relative to Briefly describe the incident giving rise to the claim of sexual assault: sexual assault victims as parties to certain residential lease agreements; The incident(s) that I rely on in support of this declaration occurred on the to provide certain definitions, terms, procedures, conditions, and following date(s) and time(s): ______and at the following location(s): ___ requirements; to provide relative to certain actions by lessors and lessees; ______. to provide for termination of leases under certain circumstances; to provide The incident(s) that I rely on in support of this declaration was/were relative to certification of sexual assault victim status; to provide relative to committed by the following person(s) (if known): ______. certain civil proceedings; to provide for immunity from liability in certain I state under the penalties provided in La. R.S. 14:125 that the foregoing circumstances; and to provide for related matters. is true and correct. By submitting this statement, I do not waive any legally Be it enacted by the Legislature of Louisiana: recognized privilege protecting any communications that I have with the Section 1. R.S. 9:3261.2 is hereby enacted to read as follows: agency or representative whose name appears below or with any other § 3261.2. Lease agreements for certain residential dwellings; sexual assault person or entity. I understand that my obligation to pay rent does not end victims until the early termination date of my lease as decided by the lessor or until I A. Definitions vacate the premises upon receiving agreement by the lessor to terminate my (1) “Sexual assault” means any nonconsensual sexual contact including but obligations under the lease early. not limited to any act provided in R.S. 15:541(24). Sexual assault also means Dated at ______, Louisiana, this ______day of ____ 20 ___. obscenity, as provided in R.S. 14:106, or voyeurism, as provided in R.S. 14:283.1, Signature of Lessee provided that the obscenity or voyeurism occurred on the leased premises. I verify under the penalties provided in La. R.S. 14:125 that I have provided (2) “Sexual assault victim” means a victim of sexual assault as defined in services to the person whose signature appears above and that, based on R.S. 46:1842(17). information communicated to me by the person whose signature appears (3) “Reasonable documentation” shall be exclusively confined to mean any above, the individual has suffered sexual assault as defined by La. R.S. of the following documents: 9:3261.2, and that the individual informed me of the name of the alleged (a) A completed certification of sexual assault as set forth in this Section, perpetrator of the actions (if known), giving rise to the claim, if known. This signed under oath by a qualified third-party as defined in this Section. verification does not waive any legally recognized privilege that I, my agency, (b) A Uniform Abuse Prevention Order. or any of its representatives have with the person whose signature appears (4) “Qualified third party” means a program director of a sexual assault above. center as defined in R.S. 46:2187(2), a sexual assault advocate as defined in Dated this day of ___ , 20__ . R.S. 46:2186(C), provided the advocate is a licensed clinical social worker or (Signature of qualified third party) licensed professional counselor, any healthcare provider that conducted a PRINTED NAME forensic medical examination as defined in R.S. 15:622(2), or a prosecuting (License number or organizational tax identification number) attorney or investigating law enforcement officer who has personal (Organization name) involvement in the investigation or prosecution of any criminal case relative (Printed address)” to the sexual assault. E. The provisions of this Section may not be waived or modified by the B. In order for a lessee to receive an early termination as provided in this agreement of the parties under any circumstances. Section, the lessee shall do all of the following: Section 2. This Act shall become effective upon signature by the governor (1) Assert in writing to the lessor that the lessee is a victim of sexual assault or, if not signed by the governor, upon expiration of the time for bills to and that the lessee seeks early termination under Subsection C of this Section. become law without signature by the governor, as provided by Article III, (2) Provide to the lessor reasonable documentation that the lessee seeking Section 18 of the Constitution of Louisiana. If vetoed by the governor and an early termination was a victim of an act of sexual assault in Louisiana subsequently approved by the legislature, this Act shall become effective on within the past sixty days, provided that the sexual assault occurred after the the day following such approval. execution of the lease agreement. If the sexual assault did not occur on the Approved by the Governor, June 1, 2021. leased premises, then the lessee shall give a declaration of why continuing to A true copy: reside in the leased premises may pose a threat to the victim’s safety in the R. Kyle Ardoin certification provided in Subsection D of this Section. Secretary of State (3) Assert in writing that the lessee will not knowingly and voluntarily ------permit the sexual offender further access to, visitation on, or occupancy of the lessee’s residential dwelling unit and acknowledging that any violation of ACT No. 2 this Section may result in eviction or termination of the lease. - - - (4) Otherwise meet or agree to fulfill all requirements of a lessee under the HOUSE BILL NO. 8 lease agreement. BY REPRESENTATIVE BUTLER AND SENATORS BOUDREAUX, CLOUD, C. If a lessee fulfills all the requirements of Subsection D of this Section, AND FRED MILLS the lessor shall grant the lessee the requested early termination of the lease, AN ACT as provided by this Subsection. To amend and reenact R.S. 47:1923(D)(1)(a), relative to the Evangeline Parish (1) If the lessee requests early termination of the lease agreement, the lessor tax assessor; to provide for the payment of certain insurance premiums for shall terminate the lease agreement as a matter of law on a mutually agreed- retirees; to provide for effectiveness; and to provide for related matters. upon date within thirty days of the written request for early termination. The Notice of intention to introduce this Act has been published as provided by lessee requesting the early termination shall vacate the residential dwelling Article III, Section 13 of the Constitution of Louisiana. by the date to avoid liability for future rent. Be it enacted by the Legislature of Louisiana: (2) In such cases, the lessee requesting the early termination is liable only Section 1. R.S. 47:1923(D)(1)(a) is hereby amended and reenacted to read as for rent paid through the early termination date of the lease and any previous follows: obligations to the lessor outstanding on that date. The amount due from the §1923. Authority for assessors separately or jointly to contract for insurance; lessee shall be paid to the lessor on or before the date the lessee vacates the payment of premiums * * * THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 1 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. D.(1)(a) In the parishes of Allen, Ascension, Assumption, Avoyelles, HOUSE BILL NO. 27 Beauregard, Bienville, Caddo, Calcasieu, Caldwell, Cameron, Catahoula, BY REPRESENTATIVE GREGORY MILLER Claiborne, Concordia, DeSoto, East Baton Rouge, Evangeline, Franklin, AN ACT Iberia, Iberville, Jackson, Jefferson, Lafayette, Lafourche, LaSalle, To amend and reenact R.S. 49:992(D)(5) and to repeal R.S. 37:21.1 and 23.2 and Lincoln, Livingston, Madison, Morehouse, Natchitoches, Orleans, Ouachita, R.S. 49:992.2, relative to licensing boards and commissions; to remove from Plaquemines, Pointe Coupee, Rapides, Red River, Sabine, St. Bernard, St. the statutes certain expiring provisions and references thereto relative Charles, St. Helena, St. John the Baptist, St. Landry, St. Martin, Tangipahoa, to adjudications applicable to certain licensing boards and commissions; Tensas, Terrebonne, Union, Vermilion, Vernon, Washington, Webster, West to remove the reporting and notice requirements regarding complaints Baton Rouge, West Carroll, and West Feliciana, the assessor shall pay the about actions and procedures applicable to certain licensing boards and premium cost of group life, dental, group health, hospital, surgical, or other commissions; and to provide for related matters. medical insurance for any assessor or assessor’s employee who meets the Be it enacted by the Legislature of Louisiana: requirements of Subparagraph (b) of this Paragraph. A uniform policy with Section 1. R.S. 49:992(D)(5) is hereby amended and reenacted to read as respect to the payment of such premium shall be formulated and applied by follows: the assessor of each parish listed in this Subparagraph. §992. Applicability; exemptions; attorney fees; court costs * * * * * * Section 2. This Act shall become effective upon signature by the governor D. 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, (5) Except as provided in R.S. 37:21.1, state State professional and Section 18 of the Constitution of Louisiana. If vetoed by the governor and occupational licensing boards shall be exempt from the provisions of this subsequently approved by the legislature, this Act shall become effective on Chapter. the day following such approval. * * * Approved by the Governor, June 1, 2021. Section 2. R.S. 37:23.2 is hereby repealed in its entirety. A true copy: Section 3. R.S. 37:21.1 and R.S. 49:992.2 are hereby repealed in their entirety. R. Kyle Ardoin Section 4.(A) The provisions of this Section and of Section 2 of this Act Secretary of State shall become effective upon signature of this Act by the governor or, if not ------signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 ACT No. 3 of the Constitution of Louisiana. If this Act is vetoed by the governor and - - - subsequently approved by the legislature, the provisions of this Section HOUSE BILL NO. 12 and of Section 2 of this Act shall become effective on the day following such BY REPRESENTATIVES WHITE, AMEDEE, BRASS, BRYANT, approval. CARPENTER, GARY CARTER, WILFORD CARTER, CORMIER, COX, (B) The provisions of Sections 1 and 3 of this Act shall become effective on DUPLESSIS, FREEMAN, GAINES, GLOVER, GREEN, HILFERTY, January 1, 2022. HORTON, HUGHES, JAMES, JEFFERSON, JENKINS, TRAVIS JOHNSON, Approved by the Governor, June 1, 2021. JORDAN, LANDRY, LARVADAIN, LYONS, MAGEE, MARCELLE, A true copy: MARINO, DUSTIN MILLER, MOORE, SCHEXNAYDER, SELDERS, R. Kyle Ardoin THOMPSON, AND WILLARD AND SENATORS BARROW, JACKSON, Secretary of State MIZELL, AND PETERSON ------AN ACT To enact Subpart BBB of Part I of Chapter 1 of Subtitle II of Title 47 of the ACT No. 5 Louisiana Revised Statutes of 1950, to be comprised of R.S. 47:120.351, relative - - - to state individual income tax return checkoffs for certain donations; to HOUSE BILL NO. 32 provide for a method for individuals to donate all or a portion of any refund BY REPRESENTATIVES SELDERS, ADAMS, BRASS, BRYANT, due to them to the Sexual Trauma Awareness and Response organization; CARPENTER, GARY CARTER, ROBBY CARTER, WILFORD CARTER, to provide for the administration and disbursement of donated monies; to CORMIER, DUPLESSIS, FREEMAN, FREIBERG, GREEN, HUGHES, provide for reporting; to provide for an effective date; and to provide for JAMES, JENKINS, TRAVIS JOHNSON, JONES, LACOMBE, LANDRY, related matters. LYONS, MARCELLE, MARINO, MOORE, NEWELL, PIERRE, ROMERO, Be it enacted by the Legislature of Louisiana: STAGNI, AND WILLARD AND SENATORS ABRAHAM, BARROW, Section 1. Subpart BBB of Part I of Chapter 1 of Subtitle II of Title 47 of the CARTER, AND FOIL Louisiana Revised Statutes of 1950, comprised of R.S. 47:120.351, is hereby AN ACT enacted to read as follows: To enact R.S. 15:828(E) and (F), relative to diminution of sentence; to provide SUBPART BBB. SEXUAL TRAUMA AWARENESS AND relative to diminution of sentence for the earning of a bachelor’s degree RESPONSE (STAR) ORGANIZATION DONATION or master’s degree; to increase the total number of credits upon earning a §120.351. Income tax checkoff; donation for Sexual Trauma Awareness and bachelor’s degree or master’s degree; and to provide for related matters. Response (STAR) organization Be it enacted by the Legislature of Louisiana: A. Every individual who files an individual income tax return for the current Section 1. R.S. 15:828(E) and (F) are hereby enacted to read as follows: tax year and who is entitled to a refund may designate on his current year §828. Classification and treatment programs; qualified sex offender return that all or any portion of the total amount of the refund to which he programs; reports; earned credits is entitled shall be donated to the Sexual Trauma Awareness and Response * * * (STAR) organization in lieu of that amount being paid to him as a refund. E. Offenders who are otherwise eligible under this Section who earn a In this case, the refund shall be reduced by the amount so designated. The bachelor’s degree from a regionally accredited and a department-approved designation shall be made at the time of filing the current year tax return and educational institution while incarcerated shall be eligible to earn an shall be made upon the income tax return form as prescribed by the secretary additional ninety days of credit toward the reduction of the projected good of the Department of Revenue. Donated monies shall be administered by the time parole supervision date. secretary and distributed to the Sexual Trauma Awareness and Response F. Offenders who are otherwise eligible under this Section who earn a (STAR) organization in accordance with the provisions of R.S. 47:120.37. No master’s degree from a regionally accredited and a department-approved donation made pursuant to the provisions of this Subpart shall be invalid for educational institution while incarcerated shall be eligible to earn an want of an authentic act. additional ninety days of credit toward the reduction of the projected good B. The House Committee on Ways and Means may, at its discretion, time parole supervision date. request a report from the Sexual Trauma Awareness and Response (STAR) Approved by the Governor, June 1, 2021. organization relative to its operations. The form and content of the report A true copy: shall be prescribed by the chairman of the committee but shall at a minimum R. Kyle Ardoin contain a detailed explanation of revenues and expenditures, as well as a Secretary of State description of the organization’s activities. The committee may summon any ------person employed by or associated with the Sexual Trauma Awareness and Response (STAR) organization to provide testimony with respect to the report. ACT No. 6 Section 2. The provisions of this Act shall be applicable to taxable years - - - beginning on or after January 1, 2021. HOUSE BILL NO. 37 Approved by the Governor, June 1, 2021. BY REPRESENTATIVES BACALA, ADAMS, AMEDEE, BAGLEY, A true copy: BOURRIAQUE, BRYANT, CORMIER, COX, CREWS, DAVIS, DEVILLIER, R. Kyle Ardoin DUPLESSIS, ECHOLS, EDMONDS, EDMONSTON, EMERSON, FIRMENT, Secretary of State FONTENOT, FREIBERG, GADBERRY, GREEN, HILFERTY, HODGES, ------HORTON, HUGHES, ILLG, JAMES, MIKE JOHNSON, TRAVIS JOHNSON, MARCELLE, MCCORMICK, MCKNIGHT, GREGORY MILLER, MOORE, ACT No. 4 CHARLES OWEN, PRESSLY, ROMERO, SCHAMERHORN, STAGNI, - - - THOMAS, THOMPSON, VILLIO, WHITE, AND WRIGHT AND SENATORS THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 2 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. FOIL AND LAMBERT A. For each adopted child, the court shall ensure that the department AN ACT receives all of the following information: To amend and reenact Children’s Code Articles 1213(A) and (B), 1233, and 1235 (1) Whether either of the adopted parents are related to the child. and to enact Children’s Code Articles 1213(D), 1217.1, and 1239.1, relative to (2) The age of the child at placement. adoptions; to provide for post-placement functions for agency and private (3) The age of the child at the time of finalization. adoptions; to provide for visits prior to finalization; to provide for assistance (4) The gender of the child. to the families and children; to provide for reporting and statistical (5) The race of the child. requirements; to provide relative to a final decree of private adoption; and (6) The location of placement. to provide for related matters. (7) Other non-identifying information the department requests in order to Be it enacted by the Legislature of Louisiana: maintain statistical records of adoption finalizations. Section 1. Children’s Code Articles 1213(A) and (B), 1233, and 1235 are B. The department shall release yearly statistics on adoptions and hereby amended and reenacted and Children’s Code Articles 1213(D), 1217.1, placements of children in Louisiana. These statistics shall be made available and 1239.1 are hereby enacted to read as follows: to the public. Art. 1213. Continuing duties of the department; home study report * * * A. After an interlocutory decree has been entered, the department shall Art. 1233. Final decree at first hearing maintain contact with the proposed adoptive home directly or through Notwithstanding Article 1238, upon due consideration of the factors another agency in accordance with Paragraph B D of this Article. The number enumerated in Article 1230(B), the court may render a final decree of of visits to the home and the time for them shall be within the discretion of private adoption at the first hearing, without the necessity of first entering the department. However, no less than two visits shall be made to the home, an interlocutory decree, only if the rights of the child’s parents have been one of which shall occur within thirty days before the final decree of agency terminated pursuant to Title X or XI and the child has lived in the petitioner’s adoption. home for one year six months. B. The department may delegate the performance of this investigation to * * * a licensed private adoption agency, but the department remains responsible Art. 1235. Continuing duties of the department; home study report for ensuring the accuracy and thoroughness of the resulting report and for A. After an interlocutory decree has been entered, the department shall licensed private adoption placing agency, or the department for children in if ordered by the court, the attorney arranging the private adoption shall department custody, maintains responsibility for the safety and welfare of ensure that a licensed professional tasked with ensuring the safety and the child. The department is responsible for submission of a confidential health of the child in the adoptive placement shall maintain contact with the court report that ensures the accuracy and thoroughness of the resulting proposed adoptive home directly or through another agency in accordance reports. The department shall adopt, promulgate, and enforce such rules and with Paragraph B C of this Article. The number of visits to the home and the regulations as are necessary and appropriate to implement this authorization time for them shall be within the discretion of the department. However, no in accordance with the Administrative Procedure Act. less than two visits shall be made to the home, one of which shall occur within * * * thirty days before the final decree of agency adoption. D. Prior to the final decree of the adoption, the licensed private adoption B. The department may delegate the performance of this investigation to placing agency, or the department, if the child is in custody of the department, a licensed private adoption agency, but the department remains responsible shall ensure that all of the prerequisites for adoption that are listed in this for ensuring the accuracy and thoroughness of the resulting report and for Paragraph are completed. The licensed private adoption agency or the the safety and welfare of the child. The department shall adopt, promulgate, department shall complete the list of prerequisites by utilizing a social worker and enforce such rules and regulations as are necessary and appropriate in the employ of a licensed adoption agency, licensed social worker, licensed to implement this authorization in accordance with the Administrative professional counselor, licensed psychologist, medical psychologist, licensed Procedure Act. psychiatrist, or licensed marriage and family therapist; or, if the child is in C. B. A second confidential report must shall be presented to the court the custody of the department, by a department employee or designee. The preceding the hearing on the final decree of agency private adoption. The prerequisites that must be completed are all of the following: findings of this report shall be based upon the same considerations as (1) Conduct an initial in-home, in-person visit with the child and one prescribed in Article 1229 and shall disclose any changed conditions and all adoptive parent within seven calendar days of the child’s placement. The new pertinent information. next in-home, in-person visit shall occur within thirty days of the initial in- C. Prior to the final decree of adoption, the attorney arranging the adoption home, in-person visit. shall ensure that all of the prerequisites for adoption listed in this Paragraph (2) Conduct an in-home visit with one adoptive parent at least once every are completed. The list shall be completed by utilizing a social worker in the month after the visits provided for in Subparagraph (1) of this Paragraph are employment of a licensed adoption agency, licensed social worker, licensed completed. The child shall be observed in the home during the monthly visit. professional counselor, licensed psychologist, medical psychologist, licensed (3) Conduct a private visit without the presence of the adoptive parents with psychiatrist, or licensed marriage and family therapist. The prerequisites each child age one year and above every other month with at least a segment that must be completed are all of the following: of the visit occurring in the adoptive home. (1) Conduct an initial in-home, in-person visit with the child and one (4) Conduct an in-home visit with both adoptive parents and child within adoptive parent within seven calendar days of the child’s placement. The thirty days prior to the final decree. next in-home, in-person visit shall occur within thirty days of the initial in- (5) Prepare a report that documents information obtained from the visits home, in-person visit. conducted pursuant to Subparagraphs (1) through (4) of this Paragraph which (2) Conduct an in-home visit with one adoptive parent at least once every shall contain all of the following: month after the visits provided for in Subparagraph (1) of this Paragraph are (a) The date and time of the visit. completed. The child shall be observed in the home during the monthly visit. (b) The individuals present at the time of the visit. (3) Conduct a private visit without the presence of the adoptive parents with (c) The location of the visit. each child age one year and above every other month with at least a segment (d) The duration of the visit. of the visit occurring in the adoptive home. (e) An assessment of adjustment of both the child and the adoptive parent. (4) Conduct an in-home visit with both adoptive parents and child within (f) An assessment of the attachment and bonding between the child and the thirty days prior to the final decree. adoptive parent. (5) Prepare a report that documents information obtained from the visits (g) An assessment of the child’s health. conducted pursuant to Subparagraphs (1) through (4) of this Paragraph which (h) A description of changes since last contact. shall contain all of the following: (i) A summary of the visit. (a) The date and time of the visit. (j) The signature of a person conducting the visit or phone contact. (b) The individuals present at the time of the visit. (6) Conduct at least three of the visits prior to adoption finalization including (c) The location of the visit. the visit prior to the final decree which shall include both adoptive parents (d) The duration of the visit. and all other members of the household. (e) An assessment of adjustment of both the child and the adoptive parent. (7) Report observations made during the visits which shall be used in (f) An assessment of the attachment and bonding between the child and the making recommendations for the finalization of the adoption. If problems adoptive parent. are identified, the family shall be assisted directly and referred to a resource (g) An assessment of the child’s health. to address the concerns. (h) A description of changes since last contact. (8) The child and adoptive parent shall be provided assistance, consultation, (i) A summary of the visit. and emotional support with situations and problems encountered in (j) The signature of a person conducting the visit or phone contact. permanent placement through finalization. (6) Conduct at least three of the visits prior to adoption finalization including (9) The adoptive family shall be provided with access to twenty-four hour the visit prior to the final decree which shall include both adoptive parents crisis intervention services through finalization. and all other members of the household. (10) A confidential report concerning requirements set forth in (7) Report observations made during the visits which shall be used in Subparagraphs (1) through (9) of this Paragraph must be presented to the making recommendations for the finalization of the adoption. If problems department upon completion and to the court prior to the hearing on the final are identified, the family shall be assisted directly and referred to a resource decree of agency adoption. to address the concerns. * * * (8) Ensure that the child and adoptive parent shall be provided assistance, Art. 1217.1. Reporting requirement; statistical availability consultation, and emotional support with situations and problems THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 3 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. encountered in permanent placement through finalization. * * * (9) Ensure that the adoptive family shall be provided with access to twenty- §321.1. Imposition of tax four hour crisis intervention services through finalization. * * * (10) Prepare a confidential report concerning the requirements set forth in I. Notwithstanding any other provision of law to the contrary, including Subparagraphs (1) through (9) of this Paragraph and present the report to the but not limited to any contrary provisions of this Chapter, beginning July 1, department upon completion and to the court prior to the hearing on the final 2018, through June 30, 2025, there shall be no exemptions and no exclusions decree of agency adoption. to the tax levied pursuant to the provisions of this Section, except for the * * * retail sale, use, consumption, distribution, or storage for use or consumption Art. 1239.1. Reporting requirement, statistical availability of the following: A. For each adopted child, the court shall ensure that the department * * * receives all of the following information: (115) Leases or rentals by a short-term equipment rental dealer for the (1) Whether either of the adopted parents are related to the child. purpose of re-lease or re-rental as provided in R.S. 47:301(7)(m). (2) The age of the child at placement. * * * (3) The age of the child at the time of finalization. §331. Imposition of tax (4) The gender of the child. * * * (5) The race of the child. V. Notwithstanding any other provision of law to the contrary, including (6) The location of placement. but not limited to any contrary provisions of this Chapter, beginning July 1, (7) Other non-identifying information the department requests in order to 2018, through June 30, 2025, there shall be no exemptions and no exclusions to maintain statistical records of adoption finalizations. the tax levied pursuant to the provisions of this Section, except for the retail B. The department shall release yearly statistics on the adoptions of sale, use, consumption, distribution, or storage for use or consumption of the children in Louisiana and placement of those children. These statistics shall following: be made available to the public. * * * Approved by the Governor, June 1, 2021. (115) Leases or rentals by a short-term equipment rental dealer for the A true copy: purpose of re-lease or re-rental as provided in R.S. 47:301(7)(m). R. Kyle Ardoin * * * Secretary of State Section 2. This Act shall become effective October 1, 2021. ------Approved by the Governor, June 1, 2021. A true copy: ACT No. 7 R. Kyle Ardoin - - - Secretary of State HOUSE BILL NO. 50 ------BY REPRESENTATIVE STEFANSKI AND SENATORS ABRAHAM AND HENSGENS ACT No. 8 AN ACT - - - To enact R.S. 47:301(7)(m), 302(BB)(114), 321(P)(115), 321.1(I)(115), and 331(V) 2021 Regular Session (115), relative to state sales and use tax; to provide for a state sales and HOUSE BILL NO. 65 use tax exclusion for certain leases or rentals of items of tangible personal BY REPRESENTATIVE ECHOLS AND SENATORS CATHEY, JACKSON, property; to provide for definitions; to provide for an effective date; and to AND MORRIS provide for related matters. AN ACT Be it enacted by the Legislature of Louisiana: To amend and reenact R.S. 22:526, relative to mandatory audits of title Section 1. R.S. 47:301(7)(m), 302(BB)(114), 321(P)(115), 321.1(I)(115), and 331(V) insurance producers by title insurers; to provide for periodic audits; to (115) are hereby enacted to read as follows: provide for audit requirements; to make technical changes; and to provide §301. Definitions for related matters. As used in this Chapter the following words, terms, and phrases have the Be it enacted by the Legislature of Louisiana: meanings ascribed to them in this Section, unless the context clearly indicates Section 1. R.S. 22:526 is hereby amended and reenacted to read as follows: a different meaning: §526. Title insurer; audit * * * A. The title insurer shall, at least once every three years, conduct an on- (7) site audit of the escrow and settlement practices, escrow accounts, security * * * arrangements, files, underwriting and claims practices, and policy inventory (m)(i) For purposes of any sales, use, lease, or rental tax, the term “lease or of the producer. If the title insurance producer fails to maintain separate rental” shall not mean or include the lease or rental of any item of tangible escrow or trust accounts for each title insurer it represents, the title insurer personal property by a short-term equipment rental dealer for the purpose of shall verify that the funds related to closings in which the title insurer’s re-lease or re-rental. policies are issued are reasonably ascertainable from the books of account (ii) For purposes of this Subparagraph, “short-term equipment rental and records of the title insurance producer. dealer” shall mean a person or entity whose principal business is the short- B. The department commissioner may promulgate regulations setting term rental of tangible personal property classified under the code numbers forth the standards of audit and the form of audit required. The department 532412 and 532310 of the North American Industry Classification System commissioner may also require the title insurer to provide a copy of its audit published by the United States Bureau of the Census. reports to the department. (iii) For purposes of this Subparagraph, “short-term rental” shall mean the Approved by the Governor, June 1, 2021. rental of an item of tangible personal property for a period of less than three A true copy: hundred sixty-five days, for an undefined period, or under an open-ended R. Kyle Ardoin agreement. Secretary of State * * * ------§302. Imposition of tax * * * ACT No. 9 BB. Notwithstanding any other provision of law to the contrary, including - - - but not limited to any contrary provisions of this Chapter, beginning July 1, HOUSE BILL NO. 69 2018, through June 30, 2025, there shall be no exemptions and no exclusions to BY REPRESENTATIVE MCKNIGHT AND SENATORS FIELDS AND FOIL the tax levied pursuant to the provisions of this Section, except for the retail AN ACT sale, use, consumption, distribution, or storage for use or consumption of the To amend and reenact R.S. 40:1749.13(B)(4) and (D) and to enact R.S. following: 40:1749.14(C)(4), relative to underground utilities; to provide for excavation * * * and demolition; to provide for notice; to provide for electronic drawings; (114) Leases or rentals by a short-term equipment rental dealer for the to provide for physical markings; to provide for limitations; to provide for purpose of re-lease or re-rental as provided in R.S. 47:301(7)(m). positive response; to provide for effectiveness; and to provide for related * * * matters. §321. Imposition of tax Be it enacted by the Legislature of Louisiana: * * * Section 1. R.S. 40:1749.13(B)(4) and (D) are hereby amended and reenacted P. Notwithstanding any other provision of law to the contrary, including and R.S. 40:1749.14(C)(4) is hereby enacted to read as follows: but not limited to any contrary provisions of this Chapter, beginning July 1, §1749.13. Excavation and demolition; prohibitions 2018, through June 30, 2025, there shall be no exemptions and no exclusions to * * * the tax levied pursuant to the provisions of this Section, except for the retail B. sale, use, consumption, distribution, or storage for use or consumption of the * * * following: (4) Notice shall be given and shall include a specific location request for * * * excavation or demolition work to be performed at least forty-eight hours, (115) Leases or rentals by a short-term equipment rental dealer for the but not more than one hundred twenty hours, excluding weekends and purpose of re-lease or re-rental as provided in R.S. 47:301(7)(m). holidays, in advance of actual work commencement. Holidays shall consist THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 4 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. of the following: New Year’s Day; Good Friday; Memorial Day; Independence accomplish any of the following: Day; Labor Day; Thanksgiving Day; Christmas Eve; and Christmas Day, or the (a) Establish, disavow, or contest paternity. days on which those holidays are observed by the state. The marking of an (b) Establish, modify, or terminate a support obligation. operator’s facility or utility shall be provided for excavation or demolition (c) Change the court-ordered manner of payment of support. purposes only. The excavator or demolisher shall provide the specific location (d) Enforce support or arrears due or owing. for excavation or demolition with notice or physically mark the route or area (3)(a)(i) When taking an action described in Paragraph (2) of this Subsection, of excavation or demolition using white paint, flags, stakes, or similar means a party shall certify in the initial pleading whether support enforcement under American Public Works Association guidelines prior to submitting services are being provided on behalf of a child who is a subject of the action, notice. pleading, or stipulation. * * * (ii) If support enforcement services are being provided, the party shall have D. Excavators may use white paint as marking under American Public a copy of the pleading or stipulation served on the department. Works Association guidelines. For purposes of this Section, any physical (b) Any party who knows, or with the exercise of due diligence should know, markings or electronic drawings identifying a specific location as provided for that a child is receiving support enforcement services during the pendency of in Subsection B of this Section shall not exceed the actual area of excavation an action pursuant to Paragraph (2) of this Subsection shall notify the court or demolition. and the plaintiff shall provide the department with a copy of any hearing §1749.14. Regional notification center notice pertaining to a pending proceeding. * * * (c) If notice is not given in accordance with this Subsection, the department C. shall not be bound by any decision, judgment, or stipulation rendered in an * * * action described in Paragraph (2) of this Subsection. (4) Should an underground utility or facility operator determine that its (4) “Support enforcement services” shall have the same meaning as underground facilities are not in conflict with the location of the request or provided in R.S. 46:236.1.1. determine that its underground facilities are not fully marked for locating Section 2. This Act shall become effective on January 1, 2022. purposes, a notification shall be sent to the excavator prior to the mark-by Approved by the Governor, June 1, 2021. time. A notification to the regional notification center that generated the A true copy: location request shall suffice for compliance with this Section as it pertains R. Kyle Ardoin to positive response. Secretary of State * * * ------Section 2. This Act shall become effective on January 2, 2022. Approved by the Governor, June 1, 2021. ACT No. 12 A true copy: - - - R. Kyle Ardoin HOUSE BILL NO. 139 Secretary of State BY REPRESENTATIVE GADBERRY AND SENATORS CATHEY, MORRIS, ------AND WOMACK AN ACT ACT No. 10 To amend and reenact R.S. 18:423(B), relative to parish boards of election - - - supervisors; to provide for training of members of parish boards of election HOUSE BILL NO. 97 supervisors; to provide for an effective date; and to provide for related BY REPRESENTATIVE THOMPSON AND SENATORS BARROW, matters. BERNARD, CATHEY, CORTEZ, FOIL, JACKSON, MCMATH, REESE, Be it enacted by the Legislature of Louisiana: TARVER, AND WOMACK Section 1. R.S. 18:423(B) is hereby amended and reenacted to read as follows: AN ACT §423. Parish boards of election supervisors To designate a portion of United States Highway 425 in Mangham, Louisiana, * * * as the “Marshall Waters, Jr. Memorial Highway”; and to provide for related B. Powers and duties. (1) The parish board of election supervisors shall matters. supervise the preparation for and the conduct of all elections held in the Be it enacted by the Legislature of Louisiana: parish. All papers filed with the parish board of election supervisors shall Section 1. The portion of United States Highway 425 that passes through be filed with the president or the secretary of the board. The list of watchers Mangham, Louisiana, shall be known and hereby designated as the “Marshall shall be filed as provided in R.S. 18:435(B). The parish board of election Waters, Jr. Memorial Highway”. supervisors shall maintain a permanent street address, which shall be filed Section 2. The Department of Transportation and Development or its with the secretary of state and the clerk of court. contractors are hereby directed to erect and maintain appropriate signage (2) The members of the parish board of election supervisors, except the reflecting this designation provided local or private monies are received registrar of voters or the clerk of court, shall complete annual training that by the department equal to the department’s actual costs for material, is related to the preparation for and the conduct of elections and that is fabrication, mounting posts, and installation of each sign, not to exceed the prepared by the secretary of state and approved by the attorney general. sum of five hundred fifty dollars per sign. * * * Approved by the Governor, June 1, 2021. Section 2. This Act shall become effective on January 1, 2022. A true copy: Approved by the Governor, June 1, 2021. R. Kyle Ardoin A true copy: Secretary of State R. Kyle Ardoin ------Secretary of State ------ACT No. 11 - - - ACT No. 13 HOUSE BILL NO. 125 - - - BY REPRESENTATIVE MIKE JOHNSON HOUSE BILL NO. 141 AN ACT BY REPRESENTATIVE STAGNI AND SENATORS SMITH AND TALBOT To amend and reenact R.S. 46:236.1.9(C), relative to indispensable parties AN ACT when the Department of Children and Family Services is providing To enact R.S. 18:1462.1, relative to electioneering around polling places; to support enforcement services; to require the department to be served as provide relative to registration of persons conducting exit polling in or near an indispensable party in paternity and support proceedings; to require polling places; to provide for criminal penalties; to provide for an effective certification of the receipt of support enforcement services in certain date; and to provide for related matters. actions; to provide for the failure to provide notice; to provide an effective Be it enacted by the Legislature of Louisiana: date; and to provide for related matters. Section 1. R.S. 18:1462.1 is hereby enacted to read as follows: Be it enacted by the Legislature of Louisiana: §1462.1. Registration of persons conducting exit polling during early voting Section 1. R.S. 46:236.1.9(C) is hereby amended and reenacted to read as or on election day; penalties follows: A. The Legislature of Louisiana recognizes that the right to vote is a right §236.1.9. Family and child support programs; duties; courts; agencies; party that is essential to the effective operation of a democratic government status and that voters should be free from intimidation, harassment, confusion, * * * obstruction, and undue influence in the campaign-free zone provided in R.S. C.(1) The department shall be an indispensable party to any proceeding 18:1462(A) by individuals conducting exit polling who have not registered involving In any proceeding concerning paternity, a support obligation, or with the secretary of state. arrearages owed under this Subpart the department shall be an indispensable B. No person shall conduct an exit poll between the hours of 6:00 a.m. and party when providing support enforcement services on behalf of a child 9:00 p.m. within any polling place being used in an election on election day or involved in the proceeding. during early voting, or within a radius of six hundred feet of the entrance to any (2) A party shall not commence an action, file a pleading, or submit a polling place being used in an election on election day or during early voting, written stipulation to the court without complying with Paragraph (3) of this unless the person conducting the polling has filed a registration statement Subsection, if the purpose or effect of the action, pleading, or stipulation is to with the secretary of state prior to the start of early voting or election day, as THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 5 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. applicable. The registration statement may be filed in person, by facsimile, (c) Participation in a pretrial diversion program. or electronic mail. (3) The person knowingly makes a materially false statement or omits C. Whoever violates this Section shall be fined one hundred dollars or be material information in the request for a letter of no objection. imprisoned for ten days, or both, for the first offense. For a second offense, (4) The person fails to provide information that the commissioner requires the penalty shall be a fine of two hundred dollars or imprisonment for ten to evaluate the person’s competence, experience, and integrity. days, or both. For a third or subsequent offense, the penalty shall be a fine of E. The commissioner may waive the submission of a biographical affidavit, five hundred dollars or imprisonment for ten days, or both. third-party background verification, or fingerprint card when either of the Section 2. This Act shall become effective on January 1, 2022. following occurs: Approved by the Governor, June 1, 2021. (1) The person is currently serving as an officer, director, or trustee of a A true copy: domestic regulated entity and has served in that capacity for a period of five R. Kyle Ardoin consecutive years. Secretary of State (2) The person has received a letter of no objection from the commissioner ------within one year of being elected, appointed, or otherwise chosen as an officer, director, or trustee and attested that no material change has occurred in the ACT No. 14 biographical and other information submitted in support of that request. - - - Approved by the Governor, June 1, 2021. HOUSE BILL NO. 179 A true copy: BY REPRESENTATIVE FIRMENT R. Kyle Ardoin AN ACT Secretary of State To enact R.S. 22:41.3, relative to officers and directors of domestic regulated ------entities; to provide definitions for certain terms; to provide for the requirements for officers and directors; and to provide for related matters. ACT No. 15 Be it enacted by the Legislature of Louisiana: - - - Section 1. R.S. 22:41.3 is hereby enacted to read as follows: HOUSE BILL NO. 182 §41.3. Requirements for officers and directors of domesticregulated entities BY REPRESENTATIVE VILLIO A. For purposes of this Section, the following definitions apply: AN ACT (1) “Director” means a person designated in the articles of incorporation, To amend and reenact R.S. 22:91 and 119, relative to annual meetings of bylaws, or other organizational documents as a director or person designated, domestic insurance companies; to provide for annual meetings by remote elected, or appointed by any other name or title to act as director. means; to provide for minimum requirements for policyholder voting rights; (2) “Domestic regulated entity” means any legal entity domiciled in this to provide for reasonable classification of policyholders; to provide for state that is required to obtain a license or certificate of authority from or additional votes based on a reasonable classification of policyholders; and register with the commissioner. “Domestic regulated entity” does not mean to provide for related matters. a motor vehicle rental insurer, insurance agency, broker, managing general Be it enacted by the Legislature of Louisiana: agent, producer, reinsurance intermediary broker, claims adjuster, public Section 1. R.S. 22:91 and 119 are hereby amended and reenacted to read as adjuster, or insurance producer acting as a viatical settlement broker follows: pursuant to R.S. 22:1792(A)(1). §91. Stockholders' meetings (3) “Officer” means a president, vice president, treasurer, actuary, secretary, Domestic stock insurers shall hold at least one stockholders’ meeting controller, or any other person who performs for the company functions annually at a time and place, including by remote means, specified in the corresponding to those performed by the foregoing officers. “Officer” also articles of incorporation or by-laws bylaws of the insurer. Each stockholder means the administrator of a plan of self-insurance providing health and shall be entitled to vote each share of stock which he holds in his own name accident or workers’ compensation coverage to employees of two or more at any and all stockholders’ meetings. The right to vote any share of stock may employers or a risk indemnification trust. be conferred upon another stockholder by a written proxy. Any proxy may (4) “Trustee” means the trustee of a trust that provides health and accident be revoked at any time by the owner of the shares upon written notice to the or workers’ compensation coverage to employees of two or more employers or secretary of the insurer or the presiding officer at any meeting. of a risk indemnification trust. * * * B.(1) No person shall serve as an officer, director, or trustee of a domestic §119. Policyholders' meetings; voting rights; proxies regulated entity to whom either of the following applies: A. Domestic mutual insurers shall hold at least one policyholders’ meeting (a) The person fails to submit to the commissioner the information required annually at a time and place, including by remote means, specified in the by this Section. charter or bylaws of the insurer. Each policyholder shall be entitled to one (b) The commissioner refuses to issue or rescinds a letter of no objection vote on matters coming before corporate meetings of the policyholders, pursuant to Subsection D of this Section. subject to such reasonable minimum requirements as to duration of his (2) A domestic regulated entity shall not retain as an officer, director, or policy and amount of insurance held as may be made in the insurer’s charter trustee any person to whom Paragraph (1) of this Subsection applies. or by-laws. C.(1) An officer, director, or trustee of a domestic regulated entity shall, B. Each policyholder shall be entitled to vote on matters coming before within thirty days of election, appointment, or otherwise being chosen, corporate meetings of the policyholders, unless the insurer’s charter or submit to the commissioner a request for a letter of no objection to serving bylaws provides that the right of a policyholder to vote is subject to reasonable in that capacity. minimum requirements as to duration of the policy or the insurance held, (2) Each request for a letter of no objection shall include all of the following: amount of premiums paid, amount of insurance held, or any combination (a) Such biographical and other information as the commissioner may thereof. require to ensure that the competence, experience, and integrity of the C. If a policyholder is entitled to vote on matters coming before corporate person are sufficient to protect the interests of the policyholders or members meetings of the policyholders pursuant to Subsection B of this Section, of the domestic regulated entity or the public including but not limited to the policyholder shall be entitled to one vote, unless the insurer’s charter biographical affidavits, third-party background verifications, and fingerprint or bylaws provides otherwise, based on a classification of policyholders as submissions pursuant to R.S. 22:1922. to duration of the policy or insurance held, the amount of premiums paid, (b) A statement from the domestic regulated entity indicating the position amount of insurance held, or any combination thereof. for which the person has been elected, appointed, or otherwise chosen. D. The right to vote by any policyholder may be conferred upon any other (c) A sworn statement from the person confirming either of the following: policyholder by a written proxy. Any proxy may be revoked at any time by (i) The absence of any conflicts of interest upon assuming the position. the policyholder, upon written notice to the secretary of the insurer or the (ii) The disclosure in writing of any conflicts of interest to the domestic presiding officer at any meeting. regulated entity and the receipt in writing of its waiver by the domestic Approved by the Governor, June 1, 2021. regulated entity. A true copy: (d) A true copy of the acceptance of trust, oath of office, or other such R. Kyle Ardoin document signed by the person, which includes a sworn statement that the Secretary of State person agrees to abide by and direct the activities of the domestic regulated ------entity in compliance with applicable laws and regulations. (3) The request shall be in a manner and form approved by the commissioner. ACT No. 16 D. The commissioner may refuse to issue or rescind a letter of no objection - - - if he finds any of the following: HOUSE BILL NO. 214 (1) The competence, experience, or integrity of the person is not sufficiently BY REPRESENTATIVE CORMIER AND SENATORS CARTER AND in the interest of policyholders or members of the domestic regulated entity CONNICK or of the public to allow the person to serve in the proposed position. AN ACT (2) The person has been the subject of any of the following involving any To amend and reenact R.S. 18:54, relative to registrars of voters; to provide for felony or misdemeanor involving moral turpitude or public corruption or a training of new registrars of voters; to provide for an effective date; and to felony involving dishonesty or breach of trust: provide for related matters. (a) Conviction. Be it enacted by the Legislature of Louisiana: (b) Entry of a plea of guilty or nolo contendere. Section 1. R.S. 18:54 is hereby amended and reenacted to read as follows: THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 6 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. §54. Qualification; date; duplicate oath; bond; approval of bond; orientation of those branches only through the acquisition of all of those branches. and training Approved by the Governor, June 1, 2021. A. Within thirty days after the date of his commission, each registrar A true copy: shall qualify for office by subscribing to the oath of office prescribed by the R. Kyle Ardoin constitution. The oath shall be filed with the clerk of court, and a duplicate Secretary of State original or a certified copy thereof shall be filed with the secretary of state. ------In a parish containing a municipality with a population of three hundred thousand or more, the oath shall be filed with the clerk of the civil district ACT No. 18 court. Each registrar also shall file with the secretary of state a bond, in favor - - - of the governor and with security, for the faithful performance of the duties HOUSE BILL NO. 227 required of him and for the payment of such damages as may be sustained by BY REPRESENTATIVE WHEAT AND SENATORS ABRAHAM, BARROW, his failure to discharge his duties. The sureties on the bond shall be with a CARTER, FOIL, AND MIZELL company authorized to do business in Louisiana, and in each parish the bond Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) shall be in the amount of five thousand dollars. of the Constitution of Louisiana. B. Each registrar appointed on or after January 1, 2022, shall complete Provides relative to subpoena duces tecum when investigating orientation and training prepared by the secretary of state in conjunction sex offenses involving human trafficking with the Registrar of Voters Association and approved by the attorney general. AN ACT Such orientation and training shall be conducted by the secretary of state. To enact Code of Criminal Procedure Article 732.2, relative to subpoenas; Section 2. This Act shall become effective on January 1, 2022. to authorize the use of administrative subpoenas for the production of Approved by the Governor, June 1, 2021. information in investigations of human trafficking offenses; to provide for the A true copy: types of information which may be disclosed pursuant to an administrative R. Kyle Ardoin subpoena; to provide for information which may not be disclosed pursuant Secretary of State to an administrative subpoena; and to provide for related matters. ------Be it enacted by the Legislature of Louisiana: Section 1. Code of Criminal Procedure Article 732.2 is hereby enacted to ACT No. 17 read as follows: - - - Art. 732.2. Subpoena duces tecum regarding human trafficking offenses HOUSE BILL NO. 217 A. The Department of Public Safety and Corrections, office of state police, BY REPRESENTATIVE HILFERTY the office of the attorney general, the police department, or the sheriff’s AN ACT office investigating any offense or attempt to commit any offense described To amend and reenact R.S. 6:5, 501(A), 535(C), and 536(C), relative to interstate in Subparagraphs (1) and (2) of this Paragraph shall have the administrative banking; to remove provisions relative to public policy; to remove capital authority to issue in writing and cause to be served a subpoena requiring requirements; to expand geographical limitations; to remove provisions the production and testimony described in Paragraph B of this Article upon relative to out-of-state holding companies; to remove provisions relative to reasonable cause to believe that an internet service account, or online de novo banks; to remove provisions relative to out-of-state banks entering identifier as defined in R.S. 15:541, has been used in the commission or the state; to provide for state banks held as subsidiaries; to make technical attempted commission of the following: changes; and to provide for related matters. (1) A person is a victim of human trafficking pursuant to R.S. 14:46.2, or the Be it enacted by the Legislature of Louisiana: offender reasonably believes that the person is a victim of human trafficking. Section 1. R.S. 6:5, 501(A), 535(C), and 536(C) are hereby amended and (2) A person is a victim of trafficking of children for sexual purposes reenacted to read as follows: pursuant to R.S. 14:46.3, or the offender reasonably believes that the person §5. Public policy is a minor. A. It is the declared public policy of the state of Louisiana to encourage and B. Except as provided in Paragraph C of this Article, a subpoena issued to foster the development of financial institutions under a dual chartering under this Article may require the production of the following records or system of the state and federal governments. In order to carry out this policy, other documentation relevant to the investigation: the office of financial institutions is authorized and requested to use its (1) Electronic mail address. resources in the promotion and development of the dual chartering system (2) Internet username. under the laws of Louisiana. (3) Internet protocol address. B. It is further declared that in the event that the Congress of the United (4) Name of account holder. States enacts legislation authorizing de novo interstate branch banking which (5) Billing and service address. is optional for the states, it shall be the declared public policy of the state of (6) Telephone number. Louisiana to choose not to be subject to provisions of such Act. (7) Account status. * * * (8) Method of access to the internet. §501. Branch offices within the state; capital required; authority (9) Automatic number identification records if access is by modem. A. All banks domiciled in this state having a capital of one hundred C. The following information shall not be subject to disclosure pursuant to thousand dollars or more may open one or more branch offices within or an administrative subpoena issued pursuant to the provisions of this Article outside the state or may acquire one or more banks or any or all branches but shall be subject to disclosure pursuant to other lawful process: thereof, or both. (1) In-transit electronic communications. * * * (2) Account memberships related to internet groups, newsgroups, mailing §535. Interstate acquisitions; filings with commissioner lists, or specific areas of interest. * * * (3) Account passwords. C. An out-of-state bank holding company may enter Louisiana only through (4) Account content, including electronic mail in any form, address books, the purchase of all, or substantially all, of an established Louisiana bank, contacts, financial records, web surfing history, internet proxy content, or or a bank holding company having at least one established Louisiana bank files or other digital documents stored with the account or pursuant to use of subsidiary. It shall be unlawful for any out-of-state bank holding company to the account. enter this state by the creation of a de novo bank or through the creation of D. A subpoena issued pursuant to this Article shall describe the objects a Louisiana bank holding company through which to create a de novo bank. required to be produced and shall prescribe a return date with a reasonable It shall also be unlawful for any out-of-state bank holding company to enter period of time within which the objects can be assembled and made available. this state, either directly or indirectly, by the acquisition of a Louisiana bank E. If no case or proceeding arises from the production of records or other that is not an established Louisiana bank or a bank holding company which documentation pursuant to this Section and the time limitation for initiation does not have at least one established Louisiana bank subsidiary that owns of prosecution has expired, the Department of Public Safety and Corrections, a Louisiana bank, as a subsidiary, that is not an established Louisiana bank. office of state police, the office of the attorney general, or the sheriff’s office §536. Interstate bank acquisitions,; filings with commissioner shall destroy the records and documentation. * * * F. Except as provided in this Article, any information, records, or data C. An out-of-state bank may enter Louisiana only through the purchase of reported or obtained pursuant to a subpoena authorized by the provisions all, or substantially all, of an established Louisiana bank, or a bank holding of this Article shall remain confidential and shall not be disclosed unless in company having at least one established Louisiana bank subsidiary, or all of connection with a criminal case related to the subpoenaed materials. the Louisiana branches of an out-of-state bank. It shall be unlawful for any G. Any administrative subpoena issued pursuant to this Article shall out-of-state bank to enter Louisiana by the creation of a de novo bank or de comply with the provisions of 18 U.S.C. 2703(c)(2). novo branch or branches or through the creation of a Louisiana bank holding Approved by the Governor, June 1, 2021. company through which to create a de novo bank. It shall also be unlawful for A true copy: any out-of-state bank to enter this state, either directly or indirectly, by the R. Kyle Ardoin acquisition of a Louisiana bank that is not an established Louisiana bank or a Secretary of State bank holding company which does not have at least one owns, as a subsidiary, ------a Louisiana bank that is not an established Louisiana bank subsidiary. However, if an out-of-state bank is operating in this state through branches, ACT No. 19 then another out-of-state bank company may enter Louisiana by acquisition - - - THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 7 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. HOUSE BILL NO. 236 follows: BY REPRESENTATIVE EMERSON §2048.61. Simulation Medical Training and Education Council for Louisiana; Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) creation; membership of the Constitution of Louisiana. * * * Provides relative to Louisiana Life and B. There is hereby created in the Department of Education, under the Health Insurance Guaranty Association Law jurisdiction of the Board of Regents, the Simulation Medical Training and AN ACT Education Council for Louisiana, hereafter referred to as “council”. The To amend and reenact R.S. 22:2084(6) and (7) and 2099, relative to the council shall be placed under the Louisiana Health Works Commission and Louisiana Life and Health Insurance Guaranty Association; to remove past shall exercise and perform its powers, duties, functions, and responsibilities date references; to modify relative to prospective application; to provide in the manner provided for agencies transferred in accordance with the for an effective date; and to provide for related matters. provisions of R.S. 36:801.5 R.S. 36:651(L). Be it enacted by the Legislature of Louisiana: * * * Section 1. R.S. 22:2084(6) and (7) and 2099 are hereby amended and reenacted Section 3. R.S. 23:1294(A)(1) is hereby amended and reenacted to read as to read as follows: follows: §2084. Definitions §1294. Workers' Compensation Advisory Council As used in this Part: A.(1) The Workers’ Compensation Advisory Council is hereby created * * * within the Louisiana Workforce Commission pursuant to R.S. 36:309(C)(4) R.S. (6) “Impaired insurer” means a member insurer which, after August 1, 2018, 36:309(B). is not an insolvent insurer, and is placed under an order of rehabilitation or * * * conservation by a court of competent jurisdiction. Section 4. R.S. 25:379(A), 379.2(B)(4), 380(A), 380.2(B)(4), 380.21(A), 380.23(B)(6), (7) “Insolvent insurer” means a member insurer which, after August 1, 2018, 380.51(A), 380.53(B)(6), 380.81(A), 380.83(B)(6), 380.91(A), 380.93(B)(6), 380.151(A), is placed under an order by a court of competent jurisdiction with a finding and 380.153(B)(6) are hereby amended and reenacted to read as follows:§379. of insolvency. Establishment and location; purpose and use * * * A. The facility known prior to June 6, 1991, as the Louisiana State Museum- §2099. Prospective application Shreveport is hereby renamed the Louisiana State Exhibit Museum. The A. This Part shall does not apply to any member insurer meeting either of Louisiana State Exhibit Museum is established as a facility in the city of the following criteria: Shreveport under the overall jurisdiction of the Department of State, as more (1) Any insurer, other than a health maintenance organization described specifically provided in this Chapter and in R.S. 36:801.6 R.S. 36:744(F). in Paragraph (2) of this Subsection, or its subsidiary, or an insurance holding * * * company system or its directly or indirectly related agent, affiliate, or other §379.2. Duties and powers of the board entity that is insolvent, or impaired, or unable to fulfill its contractual * * * obligations before August 1, 2018 September 30, 1991. B. The board shall: (2) Any health maintenance organization that is insolvent, impaired, or * * * unable to fulfill its contractual obligations before August 1, 2018. (4) Advise the secretary of state on all matters relating to the operations of B. The provisions of this Part effective on September 30, 1991, and the Louisiana State Exhibit Museum and shall have such other functions as subsequent amendments thereto apply prospectively from their effective are otherwise provided in this Chapter and R.S. 36:801.6 R.S. 36:744(F). dates and govern liability for assessments, offsets, refunds, and any other * * * matters relating to all member insurers not identified in Subsection A of this §380. Establishment and location; purpose and use Section. A. The Louisiana State Cotton Museum is established as a facility in the Section 2. This Act shall become effective upon signature by the governor parish of East Carroll under the overall jurisdiction of the Department of or, if not signed by the governor, upon expiration of the time for bills to State, as more specifically provided in this Chapter and in R.S. 36:801.7 R.S. become law without signature by the governor, as provided by Article III, 36:744(F). Section 18 of the Constitution of Louisiana. If vetoed by the governor and * * * subsequently approved by the legislature, this Act shall become effective on §380.2. Duties and powers of the board the day following such approval. * * * Approved by the Governor, June 1, 2021. B. The board shall: A true copy: * * * R. Kyle Ardoin (4) Advise the secretary of state on all matters relating to the operations of Secretary of State the Louisiana State Cotton Museum and shall have such other functions as ------are otherwise provided in this Chapter and R.S. 36:801.7 R.S. 36:744(F). * * * ACT No. 20 §380.21. Establishment and location; purpose and use - - - A. The Louisiana State Oil and Gas Museum is established as a facility HOUSE BILL NO. 260 in the parish of Caddo under the overall jurisdiction of the Department of BY REPRESENTATIVE GREGORY MILLER State as more specifically provided in this Chapter and in R.S. 36:801.9 R.S. AN ACT 36:744(F). To amend and reenact R.S. 3:732(A) and 2054(A), R.S. 17:2048.61(B), R.S. * * * 23:1294(A)(1), R.S. 25:379(A), 379.2(B)(4), 380(A), 380.2(B)(4), 380.21(A), 380.23(B) §380.23. Duties and powers of the board (6), 380.51(A), 380.53(B)(6), 380.81(A), 380.83(B)(6), 380.91(A), 380.93(B)(6), * * * 380.151(A), 380.153(B)(6), R.S. 36:4.1(C), (D), and (E), 109, 209, 309, 509, 629, 651, B. The board shall: 686, 744, 801(introductory paragraph), 801.1(A), 802(introductory paragraph), * * * 803(A)(1), 851(A), 901(A), and 921(A), R.S. 42:808(A)(6), R.S. 51:1253(3), and (6) Perform such other functions as are otherwise provided in this Chapter Section 3 of Act No. 180 of the 2020 Regular Session of the Legislature, to and R.S. 36:801.9 R.S. 36:744(F). enact R.S. 36:4.1(B), and to repeal R.S. 36:4.1(F) and (G), 801.2, 801.5, 801.6, * * * 801.7, 801.9, 801.12, 801.15, 801.16, 801.22, 802.1, 802.2, 802.3, 802.6, 802.7, 802.10, §380.51. Establishment and location; purpose and use 802.12, 802.16, 802.19, 802.21, 851.1, 908, 909, 910, 911, 912, 913, 919.1, 919.6, and A. The Louisiana Delta Music Museum is established as a facility in the 919.9, relative to providing corrections for Title 36 of the Louisiana Revised town of Ferriday, parish of Concordia, under the overall jurisdiction of the Statutes of 1950; to provide for technical corrections; to provide for re- Department of State as more specifically provided in this Chapter and in R.S. organization of the structure of Title 36; and to provide for related matters. 36:801.12 R.S. 36:744(F). Be it enacted by the Legislature of Louisiana: * * * Section 1. R.S. 3:732(A) and 2054(A) are hereby amended and reenacted to §380.53. Duties and powers of the board read as follows: * * * §732. Livestock Brand Commission B. The board shall: A. The Livestock Brand Commission is hereby created within the * * * Department of Agriculture and Forestry. Notwithstanding any provision of (6) Perform such other functions as are otherwise provided by this Chapter this Part or of any other law to the contrary, the commission shall exercise and R.S. 36:801.12 R.S. 36:744(F). and perform its powers, duties, functions, and responsibilities as provided by * * * R.S. 36:629(D)(1) R.S. 36:629(C). The commission shall be domiciled in Baton §380.81. Establishment and location; purpose and use Rouge. A. The Tioga Heritage Park and Museum, referred to in this Chapter as * * * the “museum”, is established as a facility in the parish of Rapides under the §2054. Creation and organization overall jurisdiction of the Department of State as more specifically provided A. The Louisiana Beef Industry Council is hereby created and shall be in this Chapter and in R.S. 36:801.15 R.S. 36:744(F). within the Department of Agriculture and Forestry as provided for agencies * * * transferred to the department by R.S. 36:629(E) R.S. 36:629(D). §380.83. Duties and powers of the board * * * * * * Section 2. R.S. 17:2048.61(B) is hereby amended and reenacted to read as B. The board shall: THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 8 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. * * * (10) of the 1974 Louisiana Constitution; R.S. 51:921-946; R.S. 47:3201-3206) is (6) Perform such other functions as are otherwise provided by this Chapter transferred to and hereafter shall be within the Department of Economic and R.S. 36:801.15 R.S. 36:744(F). Development, as provided in R.S. 36:908 in accordance with the provisions of * * * R.S. 36:901, except that the Board of Commerce and Industry shall continue §380.91. Establishment and location; purpose and use to exercise those powers, duties, and functions with respect to the granting of A. The Mansfield Female College Museum is established as a facility in tax exemptions for new manufacturing establishments or extensions thereof the town of Mansfield, parish of DeSoto, under the overall jurisdiction of the which it is authorized by the Constitution of Louisiana or by law to exercise. Department of State as more specifically provided in this Chapter and in R.S. B. The following agencies are placed within the Department of Economic 36:801.16 R.S. 36:744(F). Development and shall perform and exercise their powers, duties, functions, * * * and responsibilities as provided by law: §380.93. Duties and powers of the board (1) The office of entertainment industry development (R.S. 51:938.1). * * * (2) The office of international commerce and the Louisiana Board of B. The board shall: International Commerce (R.S. 51:3131 et seq.). * * * (3) The Louisiana Military Advisory Council (R.S. 29:61 et seq.). (6) Perform such other functions as are otherwise provided by this Chapter G. C. The following agencies, as defined by R.S. 36:3, are Department of and R.S. 36:801.16 R.S. 36:744(F). Commerce and Industry (R.S. 51:921-938) is hereby abolished and their * * * its powers, duties, functions, and responsibilities are transferred to the §380.151. Establishment and location; purpose and use secretary of the Department of Economic Development and hereafter shall A. The Germantown Colony Museum is established as a facility in the parish be exercised and performed as provided in Part IV of Chapter 22 of this Title: of Webster, under the overall jurisdiction of the Department of State as more R.S. 36:921 et seq. specifically provided in this Chapter and in R.S. 36:801.22 R.S. 36:744(F). (1) Department of Commerce and Industry (R.S. 51:921-51:938) * * * J. The office of entertainment industry development (R.S. 51:938.1) is placed §380.153. Duties and powers of the board within the Department of Economic Development and shall exercise and * * * perform its functions, duties, and responsibilities as provided by law. B. The board shall: N. D. The Louisiana Economic Development Corporation and its board of * * * directors (R.S. 51:2311 et seq.) are placed within the Department of Economic (6) Perform such other functions as are otherwise provided by this Chapter Development and shall exercise and perform their duties, powers, functions, and R.S. 36:801.22 R.S. 36:744(F). and responsibilities in the manner provided for agencies transferred in * * * accordance with R.S. 36:801. Section 5. R.S.36:4.1(C), (D), and (E), 109, 209, 309, 509, 629, 651, 686, 744, V. The office of international commerce and the Louisiana Board 801(introductory paragraph), 801.1(A), 802(introductory paragraph), 803(A) of International Commerce (R.S. 51:3131 et seq.) are placed within the (1), 851(A), 901(A), and 921(A) are hereby amended and reenacted and R.S. Department of Economic Development and shall exercise and perform their 36:4.1(B) is hereby enacted to read as follows: functions, duties, and responsibilities as provided by law. §4.1. Agencies transferred from the Department of Economic Development W. The Louisiana Military Advisory Council (R.S. 29:61 et seq.) is placed to the office of the governor; agencies placed within the office of the governor within the Department of Economic Development and shall perform and * * * exercise their powers, duties, functions, and responsibilities as provided by C. B. The following agencies are hereby placed within the office of the law. governor and shall perform and exercise their powers, duties, functions, and * * * responsibilities as provided in R.S. 36:801.1: §209. Transfer of boards, commissions, departments, and agencies to (1) The Office of Financial Institutions (R.S. 6:101 et seq.). is hereby placed Department of Culture, Recreation and Tourism within the office of the governor and shall perform and exercise its powers, B.(1) The following agencies, as defined by R.S. 36:3, are transferred to and duties, functions, and responsibilities as provided in R.S. 36:801.1. (2) The hereafter shall be within the Department of Culture, Recreation and Tourism, Office of Financial Institutions shall be a separate budget unit within the as provided in Part II of Chapter 22 of this Title: office of the governor. (a) The Wedell-Williams Memorial Aviation Museum (R.S. 25:871 et seq.) (2) The Louisiana State Racing Commission (R.S. 4:141 et seq.). (b) Confederate Memorial Hall (1921 Louisiana Constitution, Art. 18, Section D. C. The following agencies, as defined in R.S. 36:3, are hereby transferred 4, made statutory by 1974 Louisiana Constitution, Art. 14, Section 16) to and shall be placed within the office of the governor and shall perform and (c) Wildlife and Fisheries Museum in New Orleans exercise their powers, duties, functions, and responsibilities as provided in (2) The Louisiana Cypress Sawmill Museum (R.S. 25:831 et seq.) is placed R.S. 36:803: within the Department of Culture, Recreation and Tourism and shall exercise (1) The Louisiana Cemetery Board (R.S. 8:61 through 78). and perform its functions, duties, and responsibilities as provided in Part II (2) State Board of Certified Public Accountants of Louisiana (R.S. 37:71 et of Chapter 22 of this Title. seq.). (3) The Louisiana Civil Rights Museum (R.S. 25:841 et seq.) is placed within (3) State Board of Architectural Examiners (R.S. 37:141 et seq.). the Department of Culture, Recreation and Tourism and shall exercise and (4) Louisiana Real Estate Commission (R.S. 37:1430 et seq.). perform its functions, duties, and responsibilities as provided in Part II of (5) Louisiana State Board of Home Inspectors (R.S. 37:1471 et seq.). Chapter 22 of this Title. (6) State Licensing Board for Contractors (R.S. 37:2150 et seq.). C. A. The following agencies, as defined in R.S. 36:3, are transferred to (8) (7) Board of Examiners of Certified Shorthand Reporters (R.S. 37:2551 and hereafter shall be within the Department of Culture, Recreation and et seq.). Tourism, as provided in Part III of Chapter 22 of this Title in accordance (9) (8) Louisiana Auctioneers Licensing Board (R.S. 37:3101 et seq.). with the provisions of R.S. 36:901 et seq. except as otherwise provided by this (10) (9) State Board of Examiners of Interior Designers (R.S. 37:3171 et seq.). Subsection: (11) (10) Louisiana Real Estate Appraisers Board (R.S. 37:3391 et seq.). (1) Louisiana Archaeological Survey and Antiquities Commission (R.S. (12) (11) The State Boxing and Wrestling Commission (R.S. 4:61 et seq.). 41:1601 et seq.). (13) (12) Louisiana Motor Vehicle Commission (R.S. 32:1251 et seq.). (2) State Parks and Recreation Commission (R.S. 56:1681 et seq.). (14) (13) Louisiana Used Motor Vehicle Commission (R.S. 32:781 et seq.). D. The State Board of Library Examiners (R.S. 25:222-25:223) is hereby (15) (14) Louisiana State Polygraph Board (R.S. 37:2831 et seq.), transferred to and hereafter shall be within the Department of Culture, notwithstanding the provisions of Chapter 36-A of Title 37 to the contrary. Recreation and Tourism, as provided in R.S. 36:803. (16) (15) The Louisiana State Board of Cosmetology (R.S. 37:561 et seq.). E. (3) The Board of Directors of the Louisiana State Museum, previously E. D. The Department of Occupational Standards (R.S. 37:1-15) is hereby the Board of Managers of the Louisiana State Museum (R.S. 25:341 et seq.) abolished and its powers, duties, functions, and responsibilities are is transferred to and hereafter shall be within the Department of Culture, transferred to the governor, through the commissioner of administration, in Recreation and Tourism as provided in R.S. 36:909. The board shall continue the office of the governor and hereafter shall be exercised and performed as to exercise those powers, duties, and functions with respect to accessions, provided in Part IV of Chapter 22 of this Title R.S. 36:921 et seq. deaccessions, loans, and conservation of the buildings, collections, and F. E. Not later than the first day of January in each year, each entity exhibitions of the Louisiana State Museum which it is authorized by law to transferred or placed in the office of the governor pursuant to this Section exercise, all in accordance with professional museum practices as established shall submit a copy of its proposed budget for the ensuing fiscal year to each by the American Association of Museums, except as otherwise provided by chairman of the House Committee on Commerce and the Senate Committee law; and the members of the board shall continue to serve as trustees for the on Commerce, Consumer Protection, and International Affairs, pursuant to William Irby Trust. R.S. 39:1335. F. (4) The Board of Commissioners of the State Library of Louisiana (R.S. * * * 25:2 et seq.) is transferred to and hereafter shall be within the Department of §109. Transfer of boards, commissions, departments, and agencies to Culture, Recreation and Tourism, as provided in R.S. 36:910. The board shall Department of Economic Development continue to select the state librarian in accordance with law. B. The following agencies are transferred to the Department of Economic G. (5) The Louisiana State Arts Council (R.S. 25:891 et seq.) is transferred Development and shall exercise their powers, duties, functions, and to and hereafter shall be within the Department of Culture, Recreation responsibilities in the manner provided in R.S. 36:801: and Tourism, as provided in R.S. 36:911. The council shall have authority F. A. The Board of Commerce and Industry (Article XIV, Section 14(b.2) of to approve or disapprove the awarding of grants pursuant to applications the 1921 Louisiana Constitution made statutory by Article XIV, Section 16(A) submitted to the department for funding from funds made available from the THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 9 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. National Endowment for the Arts and such other funds as are made available (3) The Louisiana Forestry Museum (R.S. 25:342(B)(3)(d), R.S. 25:352). to the council. The council shall further have the authority necessary (4) The Louisiana Sports Hall of Fame (R.S. 25:342(B)(3)(e), R.S. 25:353). to administer the juried Louisiana native crafts program, including the (5) The Winn Parish Museum (R.S. 25:342(B)(3)(f), R.S. 25:352). authority to appoint a crafts panel and to approve the use, and disallow the X. D. The following agencies are hereby placed within the Department continued use, of the logo assuring the quality of a Louisiana craftperson’s of Culture, Recreation and Tourism and shall exercise and perform their craft, as further provided in R.S. 25:897 through 900. powers, duties, functions, and responsibilities in accordance with the (6) The Louisiana National Register Review Committee (R.S. 25:901 et seq.). provisions of R.S. 36:802: (7) The Louisiana Folklife Commission (R.S. 25:821 et seq.). (1) The Louisiana Byways Commission (R.S. 56:1948.11 et seq.), is placed (8) The Louisiana Tourism Development Commission (R.S. 51:1251 et seq. within the Department of Culture, Recreation and Tourism and shall exercise and R.S. 48:271). The commission shall continue to exercise those powers, and perform its powers, duties, functions, and responsibilities as provided duties, and functions with respect to financial assistance to eligible tourist for agencies transferred in accordance with R.S. 36:802.19 except that the promotion agencies; it shall nominate applicants for the position of assistant commission may appoint the Louisiana Byways Program coordinator and one secretary of the office of tourism for the governor’s consideration for additional employee as provided in R.S. 56:1948.12(D). appointment; it shall review and advise on the selection of promotions and Y. (2) The Louisiana Seafood Promotion and Marketing Board (R.S. 56:578.1 advertising contracts; and it shall make recommendations to and approve the et seq.) is placed within the Department of Culture, Recreation and Tourism annual plan for tourism marketing, all as provided by law. and shall perform its duties, powers, functions, and responsibilities as (9) The Louisiana Civil Rights Museum Advisory Board (R.S. 25:841 et seq.). provided for agencies transferred in accordance with R.S. 36:802. The board shall exercise and perform its powers, duties, functions, and (3) The Atchafalaya Trace Commission, as more specifically provided for in responsibilities in accordance with accepted standards of museum operations R.S. 25:1221 et seq., except that the commission shall continue to appoint its and practices as established by the American Association of Museums. own director and assistant director or personnel to fill comparable positions H. B. The following agencies, as defined by R.S. 36:3, are hereby abolished as authorized by law. and their powers, duties, functions, and responsibilities are transferred to Z. The Louisiana Civil Rights Museum Advisory Board (R.S. 25:841 et seq.) the secretary of the Department of Culture, Recreation and Tourism and is placed within the office of the state museum of the Department of Culture, hereafter shall be exercised and performed as provided in Part IV of Chapter Recreation and Tourism as provided in R.S. 36:919.9 and R.S. 25:841 et seq. 22 of this Title R.S. 36:921 et seq.: E. The State Board of Library Examiners (R.S. 25:222-25:223) is hereby (1) State Art, Historical and Cultural Preservation Agency (R.S. 25:801 et transferred to and hereafter shall be within the Department of Culture, seq.) Recreation and Tourism, as provided in R.S. 36:803. (4) State Library of Louisiana (R.S. 25:1, 5-7, and 10-16) * * * (5) (2) Toledo Bend Forest Scenic Drive Commission (R.S. 48:1401 et seq.) §309. Transfer of agencies to Louisiana Workforce Commission (6) (3) Louisiana Art Commission (R.S. 25:301 et seq.) B. A. The following agencies, as defined by R.S. 36:3, are transferred to and (10) (4) Louisiana Historical Preservation and Cultural Commission (R.S. hereafter shall be within the Louisiana Workforce Commission, as provided 25:521 et seq.) in R.S. 36:802: (13) (5) Orleans Parish Landmarks Commission (R.S. 25:381-382) (1) Employment Security Board of Review (R.S. 23:1621 et seq. and J. The Louisiana National Register Review Committee (R.S. 25:901 et seq.) is particularly R.S. 23:1652). placed within the Department of Culture, Recreation and Tourism and shall (2) Louisiana Worker’s Compensation Second Injury Board (R.S. 23:1371 et exercise and perform its powers, duties, functions, and responsibilities in the seq.). manner provided for agencies transferred in accordance with the provisions (3) The Louisiana Workforce Investment Council (R.S. 23:2041 et seq. and of Part III of Chapter 22 of this Title. 2091 et seq.) K. C. The following agencies are hereby placed within the Department of C. B. The following agencies, as defined in R.S. 36:3, are transferred to and Culture, Recreation and Tourism and shall exercise and perform their powers, hereafter shall be within the Louisiana Workforce Commission, as provided duties, functions, and responsibilities in accordance with the provisions of in Part III of Chapter 22 of this Title R.S. 36:901 et seq.: R.S. 36:801.1: (1) Apprenticeship Council (R.S. 23:381 et seq.) (1) The Louisiana Naval War Memorial Commission (R.S. 25:1000 et seq.) is (4) (2) Workers’ Compensation Advisory Council (R.S. 23:1294). placed within the Department of Culture, Recreation and Tourism and shall D. C. The following agencies, as defined in R.S. 36:3, are transferred to and exercise and perform its powers, duties, functions, and responsibilities in the hereafter shall be within the Louisiana Workforce Commission as provided manner provided for agencies transferred in accordance with the provisions in R.S. 36:803: of R.S. 36:801.1. (1) Board of Barber Examiners (R.S. 37:341 et seq.) L. The Louisiana Folklife Commission (R.S. 25:821 et seq.) is placed within (2) State Plumbing Board (R.S. 37:1361 et seq.) the Department of Culture, Recreation and Tourism and shall perform and E. D. The powers, duties, functions, and responsibilities relating to exercise its powers, duties, functions, and responsibilities in the manner Louisiana Rehabilitation Services (R.S. 23:3001 et seq.) are hereby transferred provided for agencies transferred in accordance with the provisions of Part to the Louisiana Workforce Commission to be exercised and performed by III of Chapter 22 of this Title. the executive director, in accordance with provisions of Part IV of Chapter 22 M.(1) The Atchafalaya Trace Commission, as more specifically provided of this Title R.S. 36:921 et seq. in R.S. 25:1221 et seq., shall be placed within the Department of Culture, F. E. The following agencies are transferred to and hereafter shall be Recreation and Tourism as provided for agencies transferred in accordance within the Louisiana Workforce Commission and shall perform and exercise with R.S. 36:802.3. their powers, duties, functions, and responsibilities as provided by law: N. (2) The Kenner Naval Museum Commission (R.S. 25:1005 et seq.) is placed (1) The worker’s compensation medical advisory council (R.S. 23:1203.1) is within the Department of Culture, Recreation and Tourism and shall exercise placed within the Louisiana Workforce Commission and shall perform and and perform its powers, duties, functions, and responsibilities in the manner exercise its powers, duties, functions, and responsibilities as provided by provided for agencies transferred in accordance with the provisions of R.S. law. 36:801.1. G. (2) The Blind Vendors Trust Fund Advisory Board (R.S. 23:3044) is placed O. (3) The New Orleans City Park Improvement Association and its board within the Louisiana Workforce Commission and shall perform and exercise of commissioners (Act No. 130 of 1896; Act No. 104 of 1934; Act No. 492 of its powers, duties, functions, and responsibilities as provided by law. 1958; Act No. 405 of 1962; Act No. 865 of 1982; Act No. 569 of 1989; Act No. * * * 13 of 1998 First Extraordinary Session; Act No. 395 of 2006) is transferred to §509. Transfer of agencies to Department of Transportation and Development the Department of Culture, Recreation and Tourism and shall exercise and A. The following agencies are hereby transferred to the Department of perform its powers, duties, functions, and responsibilities as provided for Transportation and Development and shall exercise and perform their agencies transferred in accordance with the provisions of R.S. 36:801.1. powers, duties functions, and responsibilities as provided by law: P. The Louisiana Tourism Development Commission (R.S. 51:1251 et seq. B. (1) The Flood Control Project Evaluation Committee (R.S. 38:90.1 et seq.) and R.S. 48:271) is hereby transferred to and shall hereafter be within the is placed within the Department of Transportation and Development and Department of Culture, Recreation and Tourism, as provided in R.S. 36:912. shall exercise and perform its powers, duties, functions, and responsibilities R. (4) The Council for the Development of French in Louisiana (R.S. 25:651 et as provided by law. seq.) is placed within the Department of Culture, Recreation and Tourism and (2) The Offshore Terminal Authority (R.S. 34:3101 et seq.). shall exercise and perform its powers, duties, functions, and responsibilities (3) The Coastal Port Advisory Authority (R.S. 34:3551 et seq.) shall be placed in the manner provided for agencies transferred in accordance with the within the office of multimodal planning, Department of Transportation and provisions of R.S. 36:801.1. Development. V. The Edward Douglass White Historic Site (R.S. 25:380.10 et seq.) is C. B. The Louisiana Professional Engineering and Land Surveying Board placed within the office of the state museum of the Department of Culture, (R.S. 37:681 et seq.) is transferred to and hereafter shall be within the Recreation and Tourism as provided in R.S. 36:801.8 and R.S. 25:380.10 et seq. Department of Transportation and Development, as provided in R.S. 36:803. W. The following museums shall be placed within the office of the state F. C. The following agencies, as defined in R.S. 36:3, are hereby abolished, museum of the Department of Culture, Recreation and Tourism and shall and their powers, duties, functions, and responsibilities are transferred to exercise their powers, duties, functions, and responsibilities as provided in the secretary of the Department of Transportation and Development and R.S. 36:851.1: hereafter shall be exercised and performed as provided in Part IV of Chapter (1) The Natchitoches Parish Old Courthouse Museum (R.S. 25:342(B)(3)(h)). 22 of this Title R.S. 36:921 et seq.: (2) The Louisiana Political Museum and Hall of Fame (R.S. 25:342(B)(3)(c), (2) (1) The Department of Highways (Article VI, Sections 19, 19.2, 19.3, 352, and 380.141 et seq.). 19.4, 22(1), and 23 of 1921 Louisiana Constitution, made statutory by Article THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 10 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. XIV, Section 16(A)(3) of 1974 Louisiana Constitution and such provisions of of collecting the assessment or license fee. Each such agency shall continue Title 48 of the Louisiana Revised Statutes of 1950 as apply to the abolished to control its own funds subject to the budgetary review of the commissioner department) of agriculture and the deputy commissioner for management and finance. In (3) (2) Department of Public Works (R.S. 38:1 and such provisions of Title 38 of addition, each of the agencies provided for in this Paragraph shall continue to the Louisiana Revised Statutes of 1950 as apply to the abolished department) appoint its own director and assistant director or personnel to fill comparable (4) (3) The Board of Public Works (R.S. 38:7; 38:16) positions as authorized by law: (5) (4) The State Board of Highways (Article VI, Sections 19, 19.2, 19.3, 19.4, (1) Louisiana Egg Commission (R.S. 3:835 et seq.) 22(1), and 23 of the 1921 Louisiana Constitution, made statutory by Article (3) (2) Louisiana Rice Promotion Board (R.S. 3:3531 et seq.) XIV, Section 16(A)(3) of the 1974 Louisiana Constitution, and such provision (4) (3) Louisiana Rice Research Board (R.S. 3:3541 et seq.) of Title 48 of the Louisiana Revised Statutes of 1950 as directly relate to said (5) (4) Louisiana Soybean and Grain Research and Promotion Board (R.S. board) 3:3551 et seq.). (8) (5) Louisiana Expressway Authority (R.S. 48:1251 et seq.) (6) (5) Louisiana Strawberry Marketing Board (R.S. 3:730.1 et seq.) (9) (6) Larose-Lafitte Toll Road Authority (Act No. 335 of 1964 Regular (7) (6) Louisiana Beef Industry Council (R.S. 3:2051 et seq.) Session) (8) (7) Louisiana Crawfish Promotion and Research Board (R.S. 3:556.1 et (10) (7) South Central Louisiana Toll Road Authority (Act No. 35 of 1969 seq.) Regular Session) F. E. The Louisiana Sweet Potato Advertising and Development Commission (11) (8) The Mississippi River Bridge Authority. (R.S. 3:1741 et seq.) is hereby transferred to and hereafter shall be within H. D. The Mississippi River Parkway Commission of Louisiana (R.S. 48:101 et the Department of Agriculture and Forestry as provided in R.S. 36:802.2 R.S. seq.) is placed within the Department of Transportation and Development and 36:802, except that the commissioner of agriculture shall return all funds that shall exercise and perform its powers, duties, functions, and responsibilities he collects for the agency, including proceeds from assessments and license as provided for agencies transferred in accordance with the provisions of fees, to the agency less the actual cost of collecting the assessment or license Part III of Chapter 22 of this Title R.S. 36:901 et seq. fee. The Louisiana Sweet Potato Advertising and Development Commission K. E. The Louisiana Transportation Authority (R.S. 48:2071 et seq.) is placed shall continue to control its own funds subject to the budgetary review of the within the Department of Transportation and Development and shall perform commissioner of agriculture and the deputy commissioner for management and exercise its powers, duties, functions, and responsibilities in the manner and finance. In addition, the commission shall continue to employ its own provided for agencies transferred in accordance with the provisions of R.S. director and such other personnel as is necessary to carry out its functions as 36:801. provided by law. L. The Offshore Terminal Authority (R.S. 34:3101 et seq.) is transferred G. F. The Dairy Stabilization Board (R.S. 3:4101 et seq.) is hereby transferred to and hereafter shall be within the Department of Transportation and to and hereafter shall be within the Department of Agriculture and Forestry Development, as provided by law. as provided in R.S. 36:801 until the second Monday in March of 1980, at which O. F. The following agencies are placed within the Department of time the Dairy Stabilization Board shall be transferred as provided in Part Transportation and Development and shall perform and exercise their III of Chapter 22 of this Title R.S. 36:901 et seq. powers, duties, functions, and responsibilities in accordance with the H. The Agricultural Chemistry and Seed Commission (R.S. 3:1381 et seq.) is provisions of R.S. 36:801.1: placed within the Department of Agriculture and Forestry and shall perform (1) The Sabine River Authority, state of Louisiana (Article XIV, Section and exercise its powers, duties, functions, and responsibilities as provided 45 of 1921 Louisiana Constitution, made statutory by Article XIV, Section by law. 16(A)(10) of 1974 Louisiana Constitution; R.S. 38:2321 et seq.) is placed within I. G. The Horticulture Commission of Louisiana (R.S. 3:3801 et seq.) is the Department of Transportation and Development and shall perform and transferred to and hereafter shall be within the Department of Agriculture exercise its powers, duties, functions, and responsibilities in the manner and Forestry as provided in R.S. 36:802. provided for agencies transferred in accordance with the provisions of R.S. J. H. The following agencies are placed within the Department of Agriculture 36:801.1. and Forestry as provided in R.S. 36:802, except that the agencies, subject to Q. (2) The Poverty Point Reservoir District (R.S. 38:3087.1 et seq.) is placed the approval of the commissioner of agriculture and forestry, shall appoint within the Department of Transportation and Development and shall perform their own directors and assistant directors: and exercise its powers, duties, functions, and responsibilities in the manner (1) The Louisiana Agricultural Commodities Commission (R.S. 3:3401 et provided for agencies transferred in accordance with the provisions of R.S. seq.) hereafter shall be within the Department of Agriculture and Forestry as 36:801.1. provided under R.S. 36:802.6. U. The Coastal Port Advisory Authority (R.S. 34:3551 et seq.) shall be placed K. (2) The Louisiana Agricultural Finance Authority (R.S. 3:261 et seq.) is within the office of multimodal planning, Department of Transportation and established within the Department of Agriculture and Forestry and hereafter Development, and shall perform its duties, functions, and responsibilities in shall exercise and perform its powers, duties, functions, and responsibilities the manner provided by law. in the manner provided for agencies transferred in accordance with R.S. * * * 36:802.6. §629. Transfer of boards, commissions, departments, and agencies to the L. I. The Dairy Industry Promotion Board (R.S. 3:4151 et seq.) hereafter Department of Agriculture and Forestry shall be within the Department of Agriculture and Forestry as provided in B. A. For purposes of this Chapter, references in Chapters 22 and 24 of this R.S. 36:802.7. R.S. 36:802, except that the commissioner of agriculture shall Title to “secretary” shall refer to the commissioner of agriculture and forestry, return all funds that he collects for the agency, including proceeds from references to the “undersecretary” shall refer to the assistant commissioner assessments and penalties, to the agency, less the actual cost of collecting the for management and finance, references to an “assistant secretary” shall assessments or penalties. The board shall control its own funds subject to the refer to an assistant commissioner, except the assistant commissioner for budgetary review of the assistant commissioner for management and finance management and finance. and the budgetary approval of the commissioner of agriculture. In addition, C. B. The following agencies as defined by R.S. 36:3 are transferred to and the board shall appoint its own director and assistant director, subject to the hereafter shall be within the Department of Agriculture and Forestry as provisions of R.S. 3:4151 et seq. provided in R.S. 36:802.3 R.S. 36:802, except that they shall continue to appoint N. J. The Louisiana Forestry Commission (Article IX, Section 8(B) and (C) their own director and assistant director or personnel to fill comparable of the Constitution of Louisiana and Chapter 28 of Title 3 of the Louisiana positions as authorized by law: Revised Statutes of 1950) hereafter shall be within the Department of (3) (1) Structural Pest Control Commission (R.S. 3:3361 et seq.). Agriculture and Forestry as provided in R.S. 36:802.10. in accordance with (5) (2) Louisiana Board of Animal Health (R.S. 3:2091 et seq. and other the provisions of R.S. 36:802, except as otherwise provided in this Subsection: provisions of Title 3 of the Louisiana Revised Statutes of 1950 that apply to the (1) The Louisiana Forestry Commission shall appoint the state forester as board). Notwithstanding the provisions of R.S. 36:802.3 this Subsection, the provided in Article IX, Section 8(C) of the Constitution of Louisiana and with Louisiana Board of Animal Health shall serve solely in an advisory capacity the consent of the Senate. He shall serve as the assistant commissioner for with respect to the meat inspection program, as provided in R.S. 3:4222(C). the office of forestry and as secretary to the Louisiana Forestry Commission. (8) (3) Louisiana Commission of Weights and Measures (R.S. 3:4601 et seq.). (2) All employees of the office of forestry of the Department of Natural (9) (4) The Louisiana Animal Control Advisory Task Force (R.S. 3:2364). Resources are transferred to the office of forestry of the Department of (5) The Louisiana Aquatic Chelonian Research and Promotion Board (R.S. Agriculture and Forestry. 3:559.21 et seq.). (3) An appropriate percentage of the administrative employee positions, D. C. The following agencies, as defined by R.S. 36:3, are transferred to and the employees holding those positions, of the Louisiana Forestry and hereinafter shall be within the Department of Agriculture and Forestry, Commission which were transferred to the Department of Natural Resources as provided in R.S 36:913 R.S. 36:901 et seq., except that the agencies shall are transferred to the Department of Agriculture and Forestry. The secretary continue to appoint their own directors and assistant directors or personnel of natural resources and the commissioner of agriculture and forestry shall to fill comparable positions as provided by law: jointly determine the appropriate number of administrative positions and (1) Livestock Brand Commission (R.S. 3:731 et seq.) personnel to be transferred. This determination and the resulting transfer (2) Louisiana Advisory Commission on Pesticides (R.S. 3:3211 et seq.) shall be effected no later than the last day of September of 1986. E. D. The following agencies, as defined by R.S. 36:3, are transferred to (4) All funds appropriated to the Louisiana Forestry Commission and the and hereinafter shall be within the Department of Agriculture and Forestry, office of forestry of the Department of Natural Resources shall be transferred as provided in R.S. 36:802.1 R.S. 36:802, except that the commissioner of to those entities in the Department of Agriculture and Forestry. agriculture shall return all funds that he collects for the agency, including (5) Any appropriation for Fiscal Year 1986-1987 to the Louisiana Forestry proceeds from assessments and license fees, to the agency less the actual cost Commission or the office of forestry within the Department of Natural THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 11 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Resources shall be deemed to be appropriated to those entities within the (8) (6) The board of directors for the New Orleans Center for Creative Arts Department of Agriculture and Forestry. and its board of directors (R.S. 17:1970.21 et seq.). (6) All property and facilities owned and operated by, or leased by or for the (9) (7) The board of directors of Thrive Academy (R.S. 17:1971 et seq.). Louisiana Forestry Commission or the office of forestry of the Department of (10) (8) The Health Education Authority of Louisiana (R.S. 17:3051 et seq.). Natural Resources are transferred to those entities within the Department of (9) The board of directors for the Jimmy D. Long, Sr. Louisiana School for Agriculture and Forestry. Math, Science, and the Arts (R.S. 17:1961 et seq.). (7) The fleet of airplanes operated by the Louisiana Forestry Commission (10) The Quality Science and Mathematics Council (R.S. 17:371 et seq.). and the office of forestry of the Department of Natural Resources is specifically (11) The Governor’s Program for Gifted Children (R.S. 17:1989.1 et seq.). transferred to the Department of Agriculture and Forestry. All airplanes E. D. The State Board of Elementary and Secondary Education (Article operated by the Department of Agriculture and Forestry shall be under the VIII, Section 3 of the Constitution of Louisiana of 1974; R.S. 17:1 et seq. and exclusive jurisdiction of that department. Subject to the provisions of R.S. other provisions of Title 17 of the Louisiana Revised Statutes of 1950 that 2:1, et seq., the department may provide guidelines and procedures for the apply to the board) is hereby transferred to and hereafter shall be within the use and operation of its aircraft. Department of Education as provided in R.S. 36:801.2 R.S. 36:801, except that (8) The office of forestry of the Department of Agriculture and Forestry the board shall be authorized to employ, appoint, remove, assign, and promote shall be the successor of the office of forestry of the Department of Natural such personnel as are necessary for the board to perform its functions as Resources. For purposes of the transfer of functions of the office of forestry provided by law and by the Constitution of Louisiana and the superintendent from the Department of Natural Resources to the Department of Agriculture shall administer and implement all programs provided or authorized for the and Forestry, the Department of Agriculture and Forestry shall be the board, except as otherwise provided by law or by the Constitution of Louisiana, successor to the Department of Natural Resources. All unfinished business in accordance with the policies, rules, and regulations established by the of the former office and of the former department related thereto shall be board in accordance with the provisions of the Constitution of Louisiana and completed by, all references in laws and documents to the former office and applicable laws. to the former department related thereto shall be deemed to refer to, and F. E. The following agencies are placed within the Department of all obligations of the former office and of the former department related Education and shall exercise and perform their powers, duties, functions, thereto shall be the obligations of the successor office and department. All and responsibilities in accordance with the provisions of R.S. 36:802: legal proceedings of the former office and of the former department related (1) The Recovery School District (R.S. 17:1990) is placed within the thereto shall be continued in the name of such former office and department Department of Education and shall exercise and perform its powers, duties, and further proceedings shall be in the name of the successor office and functions, and responsibilities in accordance with the provisions of R.S. department without the necessity for amendment of any document. 36:802. O. K. The State Soil and Water Conservation Commission (R.S. 3:1204) (2) The Louisiana Environmental Education Commission (R.S. 17:202). hereafter shall be within the Department of Agriculture and Forestry as G. F. The following agencies, as defined by R.S. 36:3, are transferred to and provided in R.S. 36:802.12 R.S. 36:802, except that the director and assistant hereafter shall be within the Department of Education as provided in Part III director of the commission shall be employed as provided by law. of Chapter 22 of this Title R.S. 36:901 et seq.: P. L. The following agencies are transferred to the Department of Agriculture (2) (1) The College and Career Readiness Commission (R.S. 17:3951). and Forestry and shall perform and exercise their powers, duties, functions, (4) (2) The Agricultural Education Commission (R.S. 17:185.4). and responsibilities as provided by law: (5) (3) The ABLE Account Advisory Council (R.S. 17:3089). (1) The Louisiana Boll Weevil Eradication Commission (R.S. 3:1601 et (4) The task force on student proficiency (R.S. 17:24.4(I)). seq.) is placed within the Department of Agriculture and Forestry and shall (8) (5) The Early Childhood Care and Education Commission (R.S. 17:407.101). perform and exercise its powers, duties, functions, and responsibilities as (9) (6) The Cybersecurity Education Management Council (R.S. 17:3138.9). provided by law. H. G. The State Department of Education (R.S. 17:24 as provided in Acts (2) The Agriculture Chemistry and Seed Commission (R.S. 3:1381 et seq.). 1975, No. 274) is hereby abolished and its powers, duties, functions, and Q. The Louisiana Aquatic Chelonian Research and Promotion Board responsibilities are transferred to the superintendent of education of the (R.S. 3:559.21 et seq.) is placed within the Department of Agriculture and Department of Education and hereafter shall be exercised and performed as Forestry and shall exercise and perform its powers, duties, functions, provided in Part IV of Chapter 22 of this Title R.S. 36:921 et seq. and responsibilities in the manner provided for agencies transferred in I. H. The public colleges and universities, the vocational-technical schools accordance with R.S. 36:802.3. of the state and all special schools under the jurisdiction of any agency S. M. The Board of Veterinary Medicine (R.S. 37:1511 et seq.) is hereby transferred to the department are hereby transferred into the Department transferred to and placed within the Department of Agriculture and Forestry of Education and shall be governed as provided by the constitution and laws as provided in R.S. 36:803. of this state. * * * J. I. The advisory councils to postsecondary vocational-technical schools §651. Transfer of boards, commissions, departments, and agencies to (R.S. 17:1998) are transferred to and hereafter shall be within the Department Department of Education; boards, commissions, and agencies within of Education but shall retain their function of advising the Board of Department of Education Supervisors of Community and Technical Colleges. B. A. For purposes of this Chapter, references in Chapters 22 and 24 of this L. J. The Advisory Commission on Proprietary Schools (R.S. 17:3140.1 et Title to the “secretary” shall refer to the state superintendent of education, seq.) is placed within the Department of Education and shall exercise and references to the “undersecretary” shall refer to the deputy superintendent perform its powers, duties, functions, and responsibilities in the manner for the office of management and finance, references to an “assistant provided in R.S. 36:801.5 36:801. However, the commission shall exercise all secretary” shall refer to a deputy superintendent. powers, duties, functions, and responsibilities provided or authorized for C. B. The following agencies are hereby transferred to the Department of the commission by the Constitution of Louisiana and laws, and particularly Education and shall exercise and perform their powers, duties, functions, the provisions of R.S. 17:3140.1 through 3140.17, and shall exercise all such and responsibilities as provided in R.S. 36:801: powers, duties, functions, and responsibilities in the manner and to the extent (1) The Louisiana Educational Television Authority (R.S. 17:2501 et seq.) is so provided or authorized. The agency shall be under the jurisdiction of the transferred to and hereafter shall be within the Department of Education as Board of Regents, and the Board of Regents shall have such powers, duties, provided in R.S. 36:801. functions, and responsibilities relative to the agency as otherwise provided (2) The office of instructional technology (R.S. 17:3921 et seq.). by law. All personnel employed or assigned to administer and implement D. C. The following agencies, as defined by R.S. 36:3, are transferred to and the powers, duties, functions, and responsibilities of the agency shall be hereafter shall be within the Department of Education as provided in R.S. employees of the Board of Regents. Except as otherwise provided by law, the 36:801.1: Board of Regents shall perform and administer all functions of the agency (1) The Board of Supervisors for the University of Louisiana System (Article which are in the nature of accounting and budget control, procurement and VIII, Section 6 of the Constitution of Louisiana of 1974; R.S. 17:1831 et seq. and contract management, management and program analysis, data processing, 3201 et seq. and other provisions of Title 17 of the Louisiana Revised Statutes personnel management, and grants management. of 1950 that apply to the board). O. The Louisiana Hall of Fame for the Arts election board (R.S. 17:1815) is (2) Board of Regents (Article VIII, Section 5 of the Constitution of Louisiana placed within the Department of Education and shall exercise and perform of 1974; R.S. 17:3121 et seq. and other provisions of Title 17 of the Louisiana its powers, duties, functions, and responsibilities as provided by law. Revised Statutes that apply to the board). P. The Task Force on Student Proficiency (R.S. 17:24.4(I)) is placed within (3) Board of Supervisors of Louisiana State University and Agricultural and the Department of Education and shall exercise and perform its powers, Mechanical College (Article VIII, Section 7 of the Constitution of Louisiana of duties, functions, and responsibilities in the manner provided for agencies 1974; R.S. 17:1453 et seq. and 3201 et seq. and other provisions of the Louisiana transferred under the provisions of Part III of Chapter 22 of this Title. Revised Statutes that apply to the board). Q. The Jimmy D. Long, Sr. Louisiana School for Math, Science, and the Arts (4) Board of Supervisors of Southern University and Agricultural and and its board of directors (R.S. 17:1961 et seq.) is placed within the Department Mechanical College (Article VIII, Section 7 of the Constitution of Louisiana of Education and shall exercise and perform its powers, duties, functions, of 1974; R.S. 17:1851 et seq. and 3201 et seq. and other provisions of Title 17 of and responsibilities in the manner provided for agencies transferred in the Louisiana Revised Statutes of 1950 that apply to the board). accordance with the provisions of R.S. 36:801.1. (5) The Board of Supervisors of Community and Technical Colleges (Article S. The Louisiana Fire and Emergency Training Commission (R.S. 40:1541) VIII, Section 7.1 of the Constitution of Louisiana of 1974; R.S. 17:1871 et seq. shall be within the Department of Education as provided in R.S. 40:1541. and 3201 et seq. and other provisions of Title 17 of the Louisiana Revised T. K. The following agencies are placed within the Department of Statutes of 1950 that apply to the board). Education and shall perform and exercise their powers, duties, functions, THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 12 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. and responsibilities as provided by law: Financial Services (R.S. 22:2141 et seq.). (1) Statewide Articulation and Transfer Council (R.S. 17:3162). C. The following agencies are transferred to the Department of Insurance (2) Process Technology Advisory Board (R.S. 17:3398.2). and shall exercise their powers, duties, functions, and responsibilities in the (3) Louisiana Tuition Trust Authority (R.S. 17:3091 17:3093 et seq.). manner provided in R.S. 36:802: (4) Governing board of the Louisiana Cancer Research Center of LSU (2) (1) The Louisiana Property and Casualty Insurance Commission (R.S. Health Sciences Center in New Orleans/Tulane Health Sciences Center (R.S. 22:2171). 17:1922 et seq.). (2) The Louisiana Mandated Health Benefits Commission (R.S. 22:2187). (5) Louisiana State University Health Sciences Center Health Maintenance D. The Louisiana Health Care Commission (R.S. 22:2161) is transferred to Organization (R.S. 22:2181 et seq.). the Department of Insurance and shall exercise its powers, duties, functions, (6) The Louisiana Science, Technology, Engineering, and Mathematics and responsibilities in the manner provided in R.S. 36:802.16 R.S. 36:802, Advisory Council (R.S. 17:4071). except that the commission shall continue to appoint its own director and (7) The Advisory Council on Historically Black Colleges and Universities assistant director subject to the approval of the commissioner of insurance. (R.S. 17:3138.7). E. The Board of Directors of the Louisiana Automobile Theft and Insurance (8) The Louisiana Hall of Fame for the Arts election board (R.S. 17:1815). Fraud Prevention Authority (R.S. 22:2131 et seq.) is transferred to the (9) The Louisiana Fire and Emergency Training Commission (R.S. 40:1541). Department of Insurance and shall exercise its powers, duties, functions, and U. The office of instructional technology (R.S. 17:3921 et seq.) is placed within responsibilities in the manner provided in R.S. 36:802.21 R.S. 36:802, except the Department of Education and shall exercise and perform its powers, that the commission shall continue to appoint its own director and assistant duties, functions, and responsibilities in accordance with the provisions of director who shall serve at the pleasure of the commissioner of insurance. R.S. 36:801. F. The Louisiana Mandated Health Benefits Commission (R.S. 22:2187) Y. The Quality Science and Mathematics Council (R.S. 17:371 et seq.) is is hereby placed within the Department of Insurance and shall exercise placed within the Department of Education and shall exercise and perform its powers, duties, functions, and responsibilities in the same manner as its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in the manner provided in R.S. 36:802. agencies transferred under the provisions of R.S. 36:801.1. G. F. The board of review for public fire protection grading (R.S. 22:1461) Z. The Governor’s Program for Gifted Children (R.S. 17:1989.1 et seq.) is is hereby placed within the Department of Insurance and shall exercise its placed within the Department of Education and shall exercise and perform powers, duties, functions, and responsibilities in the manner provided by law. its powers, duties, functions, and responsibilities in the manner provided for * * * agencies transferred in accordance with the provisions of R.S. 36:801.1. §744. Transfer of boards, commissions, and agencies to the Department of AA. L.(1) The following agencies are placed within the Department of State Education as provided by Paragraph (2) of this Subsection and shall exercise B. A. For purposes of this Chapter, references in Chapters 22 and 24 of all powers, duties, functions, and responsibilities provided or authorized for this Title to the “secretary”, the “undersecretary” or an “assistant secretary” such agencies by the Constitution of Louisiana and laws and shall exercise shall refer to the secretary of state. all such powers, duties, functions, and responsibilities in the manner and to C. B. The State Board of Election Supervisors (R.S. 18:23-27) shall be within the extent so provided or authorized: the Department of State, as provided in R.S. 36:802. (1) (a) The Louisiana Health Works Commission (R.S. 17:2048.51) is placed D. C. The following agencies are placed within the Department of State within the Department of Education and shall exercise and perform its in accordance with the provisions of R.S. 36:901 et seq. except as otherwise powers, duties, functions, and responsibilities in the manner provided for provided by this Subsection: agencies transferred in accordance with the provisions of R.S. 36:801.5. (1) The Louisiana Historical Records Advisory Board (R.S. 44:501-503) is (2) (b) The Nursing Supply and Demand Council (R.S. 37:1007) is placed hereby transferred to and hereafter shall be within the Department of State within the Department of Education and shall exercise and perform its as provided in Part III of Chapter 22 of this Title. powers, duties, functions, and responsibilities in the manner provided for (2) The Advisory Board of the Old State Capitol (R.S. 25:371 et seq.). The agencies transferred in accordance with the provisions of R.S. 36:801.5. board may solicit and accept gifts and donations for the purposes of the Old (3) (c) The Simulation Medical Training and Education Council for Louisiana State Capitol. Any funds accepted as a gift or donation may be expended by (R.S. 17:2048.61) is placed within the Department of Education under the the department as otherwise provided by law. Louisiana Health Works Commission and shall exercise and perform its (3) The Eddie G. Robinson Museum Commission (R.S. 25:1241 et seq.). The powers, duties, functions, and responsibilities in the manner provided for commission may solicit and accept gifts and donations for the purposes of the agencies transferred in accordance with the provisions of R.S. 36:801.5. museum. Any funds accepted as a gift or donation may be expended by the (2) The agencies transferred by this Subsection shall be under the department as otherwise provided by law. jurisdiction of the Board of Regents, and the Board of Regents shall have (4) The Advisory Board of the Louisiana State Archives (R.S. 44:427). such powers, duties, functions, and responsibilities relative to the agencies as E. D. The following agencies are abolished and their powers, duties, otherwise provided by law. All personnel employed or assigned to administer functions, and responsibilities are hereby transferred to the secretary of and implement the powers, duties, functions, and responsibilities of the state in accordance with the provisions of R.S. 36:921 et seq.: agencies shall be employees of the Board of Regents. Except as otherwise (1) The State Archives and Records Commission and the State Archives provided by law, the Board of Regents shall perform and administer all and Records Service (R.S. 25:127 and R.S. 44:404 et seq.) are hereby abolished functions of the agencies which are in the nature of accounting and budget and their powers, duties, functions, and responsibilities are transferred to control, procurement and contract management, management and program the secretary of state and hereafter shall be exercised and performed as analysis, data processing, personnel management, and grants management. provided in Part IV of Chapter 22 of this Title. BB. M. The Louisiana Student Financial Assistance Commission (R.S. F. The Advisory Board of the Old State Capitol (R.S. 25:371 et seq.) is placed 17:3021 et seq.) is hereby abolished and its powers, duties, functions, and within the Department of State and shall perform and exercise its powers, responsibilities are hereby transferred to the Board of Regents. All reference duties, functions, and responsibilities in the manner provided for agencies in law to the Louisiana Student Financial Assistance Commission shall refer transferred in accordance with the provisions of R.S. 36:919.1. to the Board of Regents. G. (2) The Old State Capitol Memorial Commission (Act 250 of 1948; Act 233 CC. The Louisiana Environmental Education Commission is placed within of 1954; Act 154 of 1965) is hereby abolished and its powers, duties, functions, the Department of Education and shall exercise and perform its powers, and responsibilities are transferred to the secretary of state and hereafter duties, functions, and responsibilities in accordance with the provisions of shall be exercised and performed as provided in Part IV of Chapter 22 of this R.S. 36:802. Title. * * * H. The Old State Capitol and the Advisory Board of the Old State Capitol §686. Transfer of agencies to the Department of Insurance are transferred to and placed within the Department of State as provided in A. The following agencies are transferred to the Department of Insurance R.S. 25:371 et seq. and R.S. 36:919.1. and shall exercise their powers, duties, functions, and responsibilities in the I. The Regional Museum Governing Board of the Louisiana State Exhibit manner provided in R.S. 36:801.1: Museum (R.S. 25:379 et seq.) is placed within the Department of State and (1) The Board of Directors of the Property Insurance Association of shall perform and exercise its powers, duties, functions, and responsibilities Louisiana (R.S. 22:1460). in the manner provided for agencies transferred in accordance with the (2) The Governing Committee of the Louisiana Joint Reinsurance Plan (R.S. provisions of R.S. 36:801.6. 22:2336-2347). J. The Louisiana State Exhibit Museum (R.S. 25:379 et seq.) is transferred to (3) The Governing Committee of the Louisiana Insurance Underwriting and placed within the Department of State as provided in R.S. 36:801.6. Plan (R.S. 22:2322-2334). L. The Louisiana State Cotton Museum (R.S. 25:380 et seq.) is placed within (4) The Governing Committee of the Louisiana Automobile Insurance Plan the Department of State as provided in R.S. 36:801.7. (R.S. 22:1475). N. The Louisiana State Oil and Gas Museum (R.S. 25:380.21 et seq.) is placed (5) The Board of Directors of the Louisiana Citizens Property Insurance within the Department of State as provided in R.S. 36:801.9. Corporation (R.S. 22:2291 et seq.). Q. The Eddie G. Robinson Museum Commission (R.S. 25:1241 et seq.) is B. The following agencies are transferred to the Department of Insurance placed in the Department of State as provided in R.S. 36:919.6. and shall exercise their powers, duties, functions, and responsibilities in the R. E. The office of commissioner of elections is merged and consolidated manner provided in R.S. 36:801: with the office of secretary of state, and the Department of Elections and (1) The Board of Directors of the Louisiana Consortium of Insurance and Registration is merged and consolidated with the Department of State Financial Services (R.S. 22:2141 et seq.). pursuant to the authority of Article IV, Section 20 of the Constitution of (2) The Advisory Committee of the Louisiana Consortium of Insurance and Louisiana. In order to accomplish the merger and consolidation of the office THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 13 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. of commissioner of elections with the office of secretary of state, the office of * * * commissioner of elections shall be continued, but the office of commissioner §801.1. Transfer; retention of all functions of elections is transferred to the Department of State in the manner provided A. The agencies transferred in accordance with this Section, including for agencies transferred pursuant to Part II of Chapter 22 of this Title R.S. those transferred by the provisions of R.S. 36:4(B)(1)(dd) and (18) and (D), 4.1(C) 36:851 et seq. and, for purposes of such transfer, the office of commissioner and (G), 53(H) and (J), 209(R), 259(B)(24), 409(N), 509(O), 651(D), and 725(A), shall of elections shall be considered a transferred agency as provided in Part continue to be comprised and selected as provided by law. II of Chapter 22 R.S. 36:851 et seq. However, the commissioner of elections * * * shall be an agent for service of process as provided in R.S. 18:44(B)(7). To §802. Transfer; retention of policymaking and rulemaking functions accomplish the merger and consolidation of the Department of Elections The agencies transferred in accordance with this Section, including those and Registration with the Department of State, the Department of Elections transferred by the provisions of R.S. 36:209(Q) and (Y), R.S. 36:259(B)(19), and Registration and its powers, duties, functions, and responsibilities are 309(B), 409(C), 459(B), 610(B), 629(I), 651(CC), and 769(C), shall continue to transferred to the Department of State as provided in Part II of Chapter 22 of be composed and selected as provided by law, and each shall continue to this Title R.S. 36:851 et seq. exercise all of the powers, duties, functions, and responsibilities provided F.(1) The following agencies are placed within the Department of State or authorized for each by the constitution or laws which are in the nature of and shall perform and exercise their powers, duties, functions, and policymaking, rulemaking, licensing, regulation, enforcement, or adjudication responsibilities in accordance with the provisions of this Subsection and as and also shall continue to exercise all advisory powers, duties, functions, otherwise provided by law: and responsibilities provided by law. Such powers, duties, functions, and S. (a) The governing board of the Louisiana Delta Music Museum (R.S. responsibilities shall be exercised independently of the secretary and any 25:380.51 et seq.) and its governing board are placed within the Department of assistant secretary, except that: State as provided in R.S. 36:801.12. * * * V. (b) The governing board of the Tioga Heritage Park and Museum (R.S. §803. Transfer; licensing agencies 25:380.81 et seq.) and its governing board are placed within the Department of A.(1) Each of the agencies transferred in accordance with this Section, State as provided in R.S. 36:801.15. including those transferred by the provisions of R.S. 36:4.1(D), 209(D), R.S. W. (c) The governing board of the Mansfield Female College Museum (R.S. 36:259(A), 309(D), and 409(D), and 509(C), all of which are charged by law 25:380.91 et seq.) and its governing board are placed within the Department of with the responsibility for the regulation, examination, certification, and State as provided in R.S. 36:801.16. licensing of persons in this state, and the enforcement of the laws relating BB. (d) The governing board of the Germantown Colony Museum (R.S. thereto, shall continue to be composed and selected as provided by law, 25:380.151 et seq.) and its governing board are placed within the Department and each shall continue to exercise all of the powers, duties, functions, and of State as provided in R.S. 36:801.22. responsibilities provided or authorized for each by the constitution or laws (e) The Regional Museum Governing Board of the Louisiana State Exhibit which are in the nature of policymaking, rulemaking, certification, licensing, Museum (R.S. 25:379 et seq.). regulation, enforcement, or adjudication and also shall continue to exercise (f) The governing board of the Louisiana State Cotton Museum (R.S. 25:380 all advisory powers, duties, functions, and responsibilities provided by law. et seq.). * * * (g) The governing board of the Louisiana State Oil and Gas Museum (R.S. §851. Transfer; merger and consolidation of functions 25:380.21 et seq.). A. The powers, duties, functions, responsibilities, programs, and operations (2)(a) The governing board of any museum transferred pursuant to this as vested by the constitution and laws of this state, of each of the agencies Subsection may solicit and accept gifts and donations for the purposes of the transferred in accordance with this Part, including those transferred by museum. Any funds so accepted may be expended by the boards or by the the provisions of R.S. 36:209(B), R.S. 36:259(C), 409(O), and 610(D), upon and Department of State as otherwise provided by law. after the date of each such transfer shall be exercised by and be under the (b) The governing boards placed within the Department of State in administration and control of the secretary of the department to which each accordance with the provisions of this Subsection shall exercise all powers, is transferred, except for those functions of each which are required to be duties, functions, and responsibilities provided or authorized by law which performed and administered by the undersecretary of each department, as are in the nature of regulation, enforcement, or adjudication. The boards heretofore provided for each by this Title. shall exercise all advisory powers, duties, and functions provided by law. * * * The boards shall administer and implement all programs provided or §901. Transfer; merger and consolidation of functions; advisory agency authorized by law. The boards shall be responsible for the performance and A. The functions, powers, duties, responsibilities, programs, and operations administration of their day-to-day operations, except that the secretary of the of each of the agencies transferred in accordance with this Part, including department shall be responsible for those matters which are in the nature those transferred by the provisions of R.S. 36:209(C), R.S.36:259(T), 309(C), of accounting, payroll, budget control, procurement, data processing, and and 409(E), 651(G), and 744(D) on the date of each such transfer shall vest personnel management, and shall have the authority to transfer or implement in and thereafter be the responsibility of the secretary of the department any or all of said functions through the secretary and the department. to which the transfer is made and shall be administered by the secretary in (c) The provisions of R.S. 36:810 and 811 are applicable to each board placed accordance with the powers vested in him by this Title and the applicable within the department by this Subsection. laws pertaining to each agency, except for those functions of each which are (d) No records, books, or papers stored in the museum vault or on museum required to be performed and administered by the undersecretary of the premises shall be removed or transferred from the museum without approval department as heretofore provided for each by this Title. Each agency thus of the governing board. transferred shall continue in existence, the members thereof shall continue DD. The Advisory Board of the Louisiana State Archives (R.S. 44:427) is in office and hereafter shall be selected in the manner provided by law for placed within the Department of State and shall perform and exercise its each, and each agency hereafter shall serve solely in an advisory capacity to powers, duties, functions, and responsibilities in the manner provided for the secretary with respect to policies concerning matters within the purview agencies transferred in accordance with R.S. 36:901 et seq. of each as originally created. * * * * * * §801. Transfer; retention of functions §921. Transfer, merger and consolidation of functions The agencies transferred by the provisions of R.S. 36:53(A), 109(U), 409(B), A. The powers, duties, functions, responsibilities, programs, and operations 478(K), 509(K), and 610(K), and 651(C) shall continue to be composed and as vested by the constitution and laws of the state of each of the agencies selected as provided by law; each agency shall continue to exercise all powers, abolished, including those abolished by the provisions of R.S. 36:4.1(E), duties, functions, and responsibilities provided or authorized for each by the 109(G), 209(H), R.S.36:259(F), 409(F), 459(C), 509(F), and 610(C), 651(H) and (K), constitution or laws which are in the nature of policymaking, rulemaking, 744(E), and 769(E), upon and after the date of each such abolition shall be licensing, regulation, enforcement, or adjudication and also shall continue exercised and performed by and be under the administration and control to exercise all advisory powers, duties, and functions provided by law; each of the secretary of the department to which such powers, duties, functions, agency shall continue to administer and implement all programs provided or and responsibilities are transferred. The secretary shall assign those authorized for each by law which relate to rulemaking, licensing, regulation, functions of each which are required to be performed and administered enforcement, and adjudication; each agency shall continue to be governed by the undersecretary of each department, as heretofore provided for each by the Administrative Procedure Act, in its entirety, including provisions department by this Title, to the undersecretary. relative to adjudication proceedings, unless otherwise specifically provided * * * by law; the executive head of each such agency shall employ, appoint, Section 6. R.S. 42:808(A)(6) is hereby amended and reenacted to read as remove, assign, and promote such personnel as is necessary for the efficient follows: administration of such powers, duties, functions, and responsibilities and §808. Eligibility in group programs for the administration and implementation of such programs, in accordance A. For the purposes of participating in life, health, or other programs with applicable civil service laws, rules, and regulations, and with policies sponsored by the Office of Group Benefits, an employee is defined as: and rules of the department to which the agency is transferred, and subject * * * to budgetary control and applicable laws; except as specifically provided (6) Notwithstanding any provision of this Chapter to the contrary, any in Paragraphs (1), (2), and (3) of this Section. The agencies transferred as employee of the New Orleans City Park Improvement Association, which is provided in this Section shall exercise the powers, duties, functions, and within the Department of Culture, Recreation and Tourism pursuant to the responsibilities and shall administer and implement the programs authorized provisions of R.S. 36:209(O) R.S. 36:209(C), who is a participant in a program or in this Section independently of the secretary, the undersecretary, and any programs administered by the Office of Group Benefits and who is transferred assistant secretary, except that: to a non-profit corporation recognized as a 501(c)(3) entity under the Internal THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 14 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Revenue Code of 1954, as amended, which transfer is made pursuant ACT No. 22 to a cooperative endeavor agreement which provides for the non-profit - - - corporation to provide certain maintenance, administration, and operating HOUSE BILL NO. 285 functions on behalf of the New Orleans City Park Improvement Association. BY REPRESENTATIVE JAMES AND SENATORS BARROW AND FIELDS * * * AN ACT Section 7. R.S. 51:1253(3) is hereby amended and reenacted to read as To amend and reenact R.S. 18:563(C)(1) and 1309(E)(4)(a), relative to voting; to follows: provide for the amount of time a voter may remain in a voting machine; to §1253. Definition of terms provide for an effective date; and to provide for related matters. For the purposes of this Subpart, the terms used herein shall have the Be it enacted by the Legislature of Louisiana: following meanings unless the context clearly indicates otherwise: Section 1. R.S. 18:563(C)(1) and 1309(E)(4)(a) are hereby amended and * * * reenacted to read as follows: (3) “Commission” means the Louisiana Tourism Development Commission §563. Procedure for voting created by R.S. 51:1256 and transferred into the department by R.S. 36:209(P) * * * R.S. 36:209(A). C.(1)(a) A voter shall not remain in a voting machine longer than three * * * six minutes. If a voter fails to leave a voting machine promptly after a Section 8. Section 3 of Act No. 180 of the 2020 Regular Session of the commissioner has notified him that three six minutes have elapsed, the Legislature is hereby amended and reenacted to read as follows: commissioners shall order the voter to complete voting and leave the voting Section 3. R.S. 17:407.23(D)(3), Part X-F of Chapter 1 of Title 17 of the machine. Louisiana Revised Statutes of 1950, comprised of R.S. 17:407.101, and R.S. (b) Notwithstanding Subparagraph (a) of this Paragraph, if the ballot is 36:651(G)(8) R.S. 36:651(F)(5) are hereby repealed in their entirety. lengthy or if it contains complex propositions or constitutional amendments, Section 9. R.S. 36:4.1(F) and (G), 801.2, 801.5, 801.6, 801.7, 801.9, 801.12, 801.15, the commissioners may allocate additional time in an equitable manner. 801.16, 801.22, 802.1, 802.2, 802.3, 802.6, 802.7, 802.10, 802.12, 802.16, 802.19, 802.21, * * * 851.1, 908, 909, 910, 911, 912, 913, 919.1, 919.6, and 919.9 are hereby repealed in §1309. Early voting; verification their entirety. * * * Section 10.A. The provisions of this Act are intended to be technical in E. nature, and the Louisiana State Law Institute is hereby authorized to update * * * any citation references in Louisiana Law to conform with the changes made (4)(a)(i) A voter shall not remain in a voting machine longer than three by this Act. six minutes. If a voter fails to leave a voting machine promptly after the B. If House Bill No. 230 of the 2021 Regular Session becomes law, the registrar or deputy registrar has notified him that three six minutes have Louisiana State Law Institute is hereby authorized to remove R.S. 36:629(B) elapsed, the registrar or deputy registrar shall have the voter removed from (5) as amended and reenacted by this Act in accordance with the provisions the voting machine. of House Bill No. 230 of the 2021 Regular Session that repeal R.S. 36:629(Q). (ii) Notwithstanding Item (i) of this Subparagraph, if the ballot is lengthy C. If House Bill No. 253 of the 2021 Regular Session becomes law, the or if it contains complex propositions or constitutional amendments, the Louisiana State Law Institute is hereby authorized to redesignate R.S. registrar or deputy registrar may allocate additional time in an equitable 36:651(D)(11) as enacted by that Act to R.S. 36:651(C)(12). manner. D. If Senate Bill No. 103 of the 2021 Regular Session becomes law, then * * * the Louisiana State Law Institute is hereby authorized to redesignate R.S. Section 2. This Act shall become effective on January 1, 2022. 36:629(T) as enacted by that Act as R.S. 36:629(L)(3). Approved by the Governor, June 1, 2021. E. If Senate Bill No. 221 of the 2021 Regular Session becomes law, then A true copy: the Louisiana State Law Institute is hereby authorized to redesignate R.S. R. Kyle Ardoin 36:744(O) and (P) as enacted by that Act as R.S. 36:744(G) and (H). Secretary of State Approved by the Governor, June 1, 2021. ------A true copy: R. Kyle Ardoin ACT No. 23 Secretary of State ------HOUSE BILL NO. 298 BY REPRESENTATIVE THOMAS AND SENATOR HENRYPrefiled ACT No. 21 Pursuant to Article III, Section 2(A)(4)(b)(i) - - - of the Constitution of Louisiana. HOUSE BILL NO. 283 Provides relative to stockholders’ meetings and BY REPRESENTATIVE HOLLIS AND SENATORS HEWITT AND MCMATH use of remote communication AN ACT AN ACT To amend and reenact R.S. 44:4.1(B)(11) and to repeal R.S. 22:1290.1, relative to To amend and reenact R.S. 6:272(A)(1), (B)(2), and (D)(1), 273(B)(1), 274(C)(1), commercial automobile insurance; to repeal the requirement for automobile 709(E) and (F), 1182(B), 1183(A), 1185(A), and 1187(A) and R.S. 12:1-709(D), insurers to submit annual data to the commissioner of insurance; to provide relative to the use of remote communication in certain meetings; to provide for an effective date; and to provide for related matters. for remote communication; to provide for notice; to provide for meetings Be it enacted by the Legislature of Louisiana: of savings banks; to provide for annual meetings; to provide for special Section 1. R.S. 44:4.1(B)(11) is hereby amended and reenacted to read as meetings; to provide for voting; to provide for proxies; to provide for an follows: effective date; and to provide for related matters. §4.1. Exceptions Be it enacted by the Legislature of Louisiana: * * * Section 1. R.S. 6:272(A)(1), (B)(2), and (D)(1), 273(B)(1), 274(C)(1), 709(E) and B. The legislature further recognizes that there exist exceptions, exemptions, (F), 1182(B), 1183(A), 1185(A), and 1187(A) are hereby amended and reenacted: and limitations to the laws pertaining to public records throughout the §272. Stockholders’ meetings revised statutes and codes of this state. Therefore, the following exceptions, A.(1) Unless otherwise provided in the articles or bylaws, stockholders’ exemptions, and limitations are hereby continued in effect by incorporation meetings may be held anywhere in this state or by remote communication as into this Chapter by citation: provided in R.S. 12:1-709. * * * * * * (11) R.S. 22:2, 14, 31, 42.1, 88, 244, 263, 265, 461, 550.7, 571, 572, 572.1, 574, 618, B. 639, 691.4, 691.5, 691.6, 691.7, 691.8, 691.9, 691.9.1, 691.10, 691.38, 691.56, 732, 752, * * * 753, 771, 834, 972(D), 976, 1008, 1019.2, 1203, 1290.1, 1460, 1464, 1466, 1488, 1546, (2) At any time upon written request of any stockholder or stockholders 1559, 1566(D), 1644, 1656, 1657.1, 1723, 1796, 1801, 1808.3, 1927, 1929, 1983, 1984, holding in the aggregate one-fifth, or such lesser or greater proportion as may 2036, 2045, 2056, 2085, 2091, 2293, 2303, 2508 be fixed in the articles or in a bylaw adopted by the stockholders, of the total * * * voting power, the secretary shall call a special meeting of stockholders to Section 2. R.S. 22:1290.1 is hereby repealed in its entirety. be held at the registered office, or by remote communication as provided in Section 3. This Act shall become effective upon signature by the governor R.S. 12:1-709 at such time as the secretary may fix, not less than fifteen nor or, if not signed by the governor, upon expiration of the time for bills to more than sixty days after the receipt of said request, and if the secretary become law without signature by the governor, as provided by Article III, shall neglect or refuse to fix such a time or to give notice of the meeting, the Section 18 of the Constitution of Louisiana. If vetoed by the governor and stockholder or stockholders making the request may do so. subsequently approved by the legislature, this Act shall become effective on * * * the day following such approval. D.(1) Unless otherwise provided in the articles or bylaws and except as Approved by the Governor, June 1, 2021. otherwise provided in this Chapter, the authorized person or persons calling A true copy: a stockholders’ meeting shall cause written notice of the time, place, and R. Kyle Ardoin purpose of the meeting to be given to all stockholders entitled to vote at such Secretary of State meeting at least ten days and not more than sixty days prior to the day fixed ------for the meeting. Notice of the annual meeting need not state the purpose thereof, except as otherwise provided in this Chapter, if a specified action is THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 15 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. to be taken at the meeting. If the state bank has authorized participation at a such guidelines and procedures as the board of directors adopts, and shall stockholders’ meeting by means of remote communication, as provided in R.S. be in conformity with Subsection B of this Section. Participation by remote 12:1-709, notice of the place shall include the means of remote communication communication may include but is not limited to any telephonic or internet to be used and any required access instructions. form of communication. * * * Section 3. This Act shall become effective upon signature by the governor §273. Quorum 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, B. Except as otherwise provided in this Chapter or in the articles or bylaws: Section 18 of the Constitution of Louisiana. If vetoed by the governor and (1) The presence, in person, by remote communication as provided in R.S. subsequently approved by the legislature, this Act shall become effective on 12:1-709, or by proxy, of the holders of the majority of the total voting power the day following such approval. shall constitute a quorum, except that in no event shall a quorum consist of Approved by the Governor, June 1, 2021. less than one-fourth of the total voting power. A true copy: * * * R. Kyle Ardoin §274. Voting of stockholders Secretary of State * * * ------C.(1) A stockholder shall have the right to cast his vote either in person, by remote communication as provided in R.S. 12:1-709, or, subject to the following ACT No. 24 provisions, by proxy duly authorized in writing, signed by the stockholder, - - - and filed with the secretary at or before the meeting. HOUSE BILL NO. 307 * * * BY REPRESENTATIVE SCHAMERHORN §709. Members or stockholders meeting Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) * * * of the Constitution of Louisiana. E. Unless otherwise provided in the articles of incorporation or bylaws, Provides relative to notary examination preparatory education and voting at any meeting of the members or stockholders may be in person, by instruction reporting requirements means of remote communication as provided in R.S. 12:1-709, or by written AN ACT proxy signed by the member or stockholder or his duly authorized agent. To amend and reenact R.S. 35:191.4(E), (F), (G), and (H) and to repeal R.S. However, no proxy may be voted at any meeting unless the proxy was filed 35:191.4(I), relative to notaries public; to provide relative to notary with the secretary of the association for verification at least five days prior to examination study course providers; to repeal the semiannual report the date of the meeting at which the proxy is to be voted. When shares of stock, requirement; to provide for an effective date; and to provide for related or accounts are registered in the name of two or more persons, a proxy signed matters. by any one or more of them shall be deemed valid unless the association Be it enacted by the Legislature of Louisiana: receives written notice to the contrary from a nonsigning registered member Section 1. R.S. 35:191.4(E), (F), (G), and (H) are hereby amended and or stockholder before the proxy is voted. reenacted to read as follows: F. Unless otherwise provided in the articles of incorporation or bylaws, §191.4. Secretary of state; procedures for registration and reporting of at an annual meeting or at any special meeting of members or stockholders, notary instructors any number of persons present in person, attending by means of remote * * * communication as provided in R.S. 12:1-709, or by eligible proxy shall E. Beginning in 2010, each provider shall submit a semiannual report to constitute a quorum and a majority of all votes cast at any meeting shall the secretary of state on or before June thirtieth and December thirty-first determine any question unless this Chapter specifically provides otherwise. listing the name and address of each person who received a course or courses * * * of instruction or study from the provider for the training and instruction for §1182. Annual and special meetings the Louisiana notary public examination required for the office of notary * * * public during the time period covered by the report. The secretary of state B. Special meetings may be called with not less than twelve hours’ written shall provide the form to be used for the semiannual report and all reports or oral notice, by the board of directors, the holders of not less than twenty- shall be submitted on the form provided by the secretary of state or on a form five percent of the outstanding capital stock shares, by such other person as which contains the same information as required by the report provided by the bylaws may designate or by the commissioner. Every annual or special the secretary of state. meeting shall be held at the business office of the savings bank,or by remote F.(1) The secretary of state may impose a penalty of not more than one communication as provided in R.S. 12:1-709, or if the space is inadequate, in thousand dollars per day against a provider who is not in compliance with such other place within the same parish as shall be specifically designated in the requirements of this Section. the notice of such meeting. (2) If a penalty imposed under the provisions of this Section is not timely §1183. Notice of meetings paid by a provider within thirty days of imposition of the penalty by the A. Notice of an annual meeting shall be published once not less than ten secretary of state, the attorney general shall institute proceedings against days nor more than forty days before the date of the meeting. The notice the provider to collect such penalty. shall also be displayed in a conspicuous place at the place of business of G.F. Each provider shall be exempt from the licensing requirements of the savings bank in a manner which will assure that members of the general R.S. 17:3141.1 17:3140.1 et seq., pertaining to such educational programs or public will be provided an opportunity to read said notice. The notice shall instruction. state the time, place, and purpose of the meeting. If the state savings bank H.G. The secretary of state may establish and require an annual professional has authorized participation at a stockholders’ meeting by means of remote development and education program for providers. communication as provided in R.S. 12:1-709, notice of the place shall include I.H. The secretary of state may promulgate rules and regulations, where the means of remote communication to be used and any required access necessary, for implementation of the provisions of this Section, in accordance instructions. with the Administrative Procedure Act. * * * Section 2. R.S. 35:191.4(I) is hereby repealed in its entirety. §1185. Voting Section 3. This Act shall become effective upon signature by the governor A. Voting at a meeting may be either in person, by means of remote or, if not signed by the governor, upon expiration of the time for bills to communication in accordance with R.S. 12:1-709, or by proxy executed in become law without signature by the governor, as provided by Article III, writing by the member or stockholder or by his duly authorized attorney-in- Section 18 of the Constitution of Louisiana. If vetoed by the governor and fact. subsequently approved by the legislature, this Act shall become effective on * * * the day following such approval. §1187. Proxies Approved by the Governor, June 1, 2021. A. Voting at a meeting may be either in person, by means of remote A true copy: communication in accordance with R.S. 12:1-709, or by proxy executed in R. Kyle Ardoin writing by the member or shareholder or by his duly authorized attorney-in- Secretary of State fact. ------* * * Section 2. R.S. 12:1-709(D) is hereby amended and reenacted to read as ACT No. 25 follows: - - - §1-709. Remote participation in annual and special meetings HOUSE BILL NO. 385 * * * BY REPRESENTATIVE BEAULLIEU D. Notwithstanding the requirements of R.S. 6:272, 647, 648, 709, or 1182, AN ACT 6:647, 648, or any other provision of law to the contrary, banks, savings banks, To enact R.S. 9:3259.3 and Code of Civil Procedure Article 4912(A)(3), relative savings and loan associations, and credit unions may permit shareholders to privileges on certain movable property; to provide for a privilege on or members of the financial institution to participate in any meeting of certain abandoned movable property; to provide for possession and sale shareholders or members by means of remote communication, or unless the of abandoned movable property; to provide procedures for enforcement of bylaws expressly require the meeting of shareholders or members to be held the privilege; to provide for notice; to provide for court approval; to provide at a place, hold any meeting solely by means of remote communication. Any for redemption by the lessee; to provide for recognition of the judgment of such participation by means of remote communication shall be subject to ownership; to provide for definitions; 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 under- PAGE 16 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Be it enacted by the Legislature of Louisiana: adequate to permit its identification as provided by Subparagraph (4)(c) of Section 1. R.S. 9:3259.3 is hereby enacted to read as follows: this Subsection. §3259.3. Privilege for unpaid lease payments; abandoned manufactured (b) The address of the immovable property upon which the abandoned homes and abandoned movable property; enforcement of privilege by owner manufactured home is located and the name of the lessee. of immovable property; definitions (c) The time, place, and manner of the sale or other disposition. A. As used in this Section, the following terms shall have the following (6) The sale or other disposition of the abandoned manufactured home and meanings: abandoned movable property shall take place not sooner than thirty days (1) “Abandoned manufactured home” means a manufactured home that following publication as required by this Section. has a current fair market value not exceeding five thousand dollars that is D.(1) Upon completion of the procedures required by Subsection C of this not encumbered by a mortgage, lien, privilege, or security interest, that is Section, the owner of the immovable property may file suit for possession or placed upon immovable property of another subject to a lease agreement, ownership of the abandoned manufactured home and abandoned movable when the lessee has notified the owner of the immovable property that the property pursuant to Code of Civil Procedure Article 4912. lessee no longer intends to remain in the manufactured home and intends (2) The owner of the immovable property shall attach to the petition to abandon the remaining movable property, or when a reasonable person evidence of the lease agreement, copies of the notice and advertisement would conclude from all appearances that the lessee no longer intends to required by Subsection C of this Section, and evidence that the abandoned occupy the manufactured home or claim ownership to any of the remaining manufactured home is valued at less than five thousand dollars. If the movable property. serial or vehicle identification numbers are not known, the owner of the (2) “Manufactured home” means a mobile home or residential mobile home immovable property shall provide certification of a physical inspection of as defined by R.S. 9:1149.2. the abandoned manufactured home for the purpose of vehicle identification (3) “Abandoned movable property” means contents, personal items, or number verification by a law enforcement officer trained and certified by other movable property as defined by Civil Code Article 475 of the lessee left the Department of Public Safety and Corrections to inspect motor vehicles in the abandoned manufactured home. as provided in Chapter 4 of Title 32 of the Louisiana Revised Statutes of B.(1) The owner of immovable property to secure the payment of rent 1950. The certification shall certify that the serial or vehicle identification and other obligations arising under the lease shall have a privilege on any numbers are not known. The owner of the immovable property shall certify abandoned manufactured home that is not encumbered by a mortgage, lien, in his petition, or attach an affidavit of the owner of the immovable property privilege, or security interest, and on any abandoned movable property that attesting, that there is no mortgage, lien, privilege, or security interest is placed upon the immovable property pursuant to a lease agreement. encumbering the abandoned manufactured home based on a search of the (2) Notwithstanding any other provision to the contrary, the provisions parish mortgage records and records of the Department of Public Safety and of this Section shall not apply to any manufactured home or abandoned Corrections, office of motor vehicles. manufactured home that is encumbered by a mortgage, lien, privilege, or (3) Upon finding that the owner of the immovable property has satisfied security interest. the requirements of this Section, the court shall authorize the sale of the C. In the event of default by the lessee and abandonment of the manufactured abandoned manufactured home and abandoned movable property by the home and after compliance with the provisions of R.S. 9:3259.1, if applicable, petitioner. the owner of the immovable property may enforce judicially all of his rights E.(1) Upon obtaining approval from the court, the owner of the immovable under the lease agreement, and to enforce his privilege for the debt due him, property may proceed to sell the abandoned manufactured home and as follows: abandoned movable property. Any sale or other disposition of the abandoned (1) The owner of the immovable property shall be authorized to remove manufactured home and abandoned movable property shall conform to the any lock on the abandoned manufactured home located on the immovable terms of the notification as provided by this Section. property in order to compile a brief and general description of the abandoned (2) Any sale or other disposition of the abandoned manufactured home and manufactured home and abandoned movable property, including the serial abandoned movable property shall be held at the address of the immovable number and vehicle identification number of the manufactured home, if property where the abandoned manufactured home is located, as indicated available, upon which a privilege is claimed and shall be entitled to place his in the notice required by this Section. The owner shall sell the abandoned own lock upon such manufactured home until his privilege is satisfied. manufactured home and abandoned movable property to the highest bidder, (2) The lessee shall be notified of the owner’s intention to enforce his if any. If there are no bidders, the owner may purchase the movable property privilege. for a price at least sufficient to satisfy his claim for lease payments due and (3) The notice shall be delivered in person to the lessee or sent by certified all other charges, or he may donate the abandoned manufactured home and mail to the last known address of the lessee. abandoned movable property to charity. (4) The notice shall include: (3) Prior to any sale or other disposition of the abandoned manufactured (a) A copy of any written lease agreement between the owner and defaulting home or abandoned movable property to enforce the privilege granted by lessee, or, if the lease agreement is verbal, a summary of its terms and this Section, the lessee may pay the amount necessary to satisfy the privilege, conditions. including all reasonable expenses incurred under this Section, and thereby (b) An itemized statement of the owner’s claim, showing the sum due at the redeem the movable property. Upon receipt of such payment, the owner shall time of the notice and the date when the sum became due. have no liability to any person with respect to such movable property. (c) The name of the owner of the abandoned manufactured home, if known, (4) A purchaser in good faith of the abandoned manufactured home or and a brief and general description of the abandoned manufactured home and abandoned movable property sold by an owner to enforce the privilege abandoned movable property, including the serial and vehicle identification granted by this Section takes the property free of any claims or rights of numbers of the abandoned manufactured home, if known, upon which a persons against whom the privilege was valid, despite noncompliance privilege is claimed. The description shall be reasonably adequate to permit by the owner with the requirements of this Section, but takes subject to the person notified to identify it, except that any container, including but not any mortgages, liens, privileges, and security interests that encumber the limited to a trunk, valise, or box that is locked, fastened, sealed, or tied in a abandoned manufactured home at the time of the sale. manner which deters immediate access to its contents may be described as (5) In the event of a sale held pursuant to the provisions of this Section, such without describing its contents. the owner may satisfy his privilege from the proceeds of the sale, but shall (d) Notification that the lessee has been or shall be denied access to the hold the balance, if any, as a credit in the name of the lessee whose property abandoned manufactured home and abandoned movable property, if such was sold. The lessee may claim the balance of the proceeds within two years denial is permitted under the terms of the lease agreement, with the name, of the date of sale, without any interest thereon, and if unclaimed within street address, and telephone number of the owner or his designated agent the two-year period, the credit shall become the property of the owner, whom the lessee may contact to respond to the notice. without further recourse by the lessee. If the sale or other disposition of (e) A demand for payment within a specified time not less than fifteen days the abandoned manufactured home and abandoned movable property made after the date of mailing or delivery of the notice. pursuant to the provisions of this Section does not satisfy the owner’s claim (f) A statement that the abandoned manufactured home, its contents, and for lease payments due and other charges, the owner may proceed by ordinary any other abandoned movable property on the immovable property are proceedings to collect the balance owed. subject to the owner’s privilege, and that, unless the claim is paid within the (6) After conclusion of the sale, the act of sale of the abandoned manufactured time stated in the notice, the abandoned manufactured home and abandoned home may be filed with the court, and a judgment recognizing the sale shall movable property are to be advertised for sale or other disposition and to be rendered by the court and recognized by the Department of Public Safety be sold or otherwise disposed of to satisfy the owner’s privilege for lease and Corrections pursuant to Code of Civil Procedure Article 4912. payments due and other charges at a specified time and place. Section 2. Code of Civil Procedure Article 4912(A)(3) is hereby enacted to (5) Actual receipt of the notice made pursuant to this Section shall not be read as follows: required. Within fourteen days after mailing of the notice, an advertisement Art. 4912. Possession or ownership of movable property; eviction of the sale or other disposition of movable property subject to the privilege proceedings; justice of the peace courts shall be published on at least one occasion in a newspaper of general A. circulation where the abandoned manufactured home is located. The * * * advertisement shall include: (3) The provisions of this Paragraph shall also be applicable to suits for (a) The name of the owner of the abandoned manufactured home, if known, possession and ownership of a manufactured home, as defined by R.S. 9:1149.2, and a brief and general description of the abandoned manufactured home and not exceeding five thousand dollars in value. abandoned movable property, including the serial and vehicle identification * * * numbers of the abandoned manufactured home, if known, reasonably Approved by the Governor, June 1, 2021. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 17 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. A true copy: form that a new third party is leasing or purchasing the network at least thirty R. Kyle Ardoin days in advance of the relationship taking effect. Secretary of State (6)(a) The contracting entity requires a third party to identify the source ------of the discount on all remittance advices or explanations of payment under which a discount is taken. ACT No. 26 (b) The provisions of this Paragraph do not apply to electronic transactions - - - mandated by the Health Insurance Portability and Accountability Act of 1996. HOUSE BILL NO. 387 (7) The contracting entity notifies the third party of the termination of a BY REPRESENTATIVE GREEN AND SENATORS BOUIE AND CONNICK provider network contract no later than thirty days from the termination date AN ACT with the contracting entity. To enact Subpart H-1 of Part III of Chapter 4 of Title 22 of the Louisiana (8) A third party’s right to a provider’s discounted rate ceases as of the Revised Statutes of 1950, to be comprised of R.S. 22:1171 and 1172, relative termination date of the provider network contract. to dental provider network administration; to provide for definitions; to (9) The contracting entity makes available a copy of the provider network prohibit certain contracts and waivers; to require notifications; to provide contract relied on in the adjudication of a claim to a participating provider for applicability; to provide for penalties and enforcement; to authorize within thirty days of a request from the provider. rulemaking; and to provide for related matters. B.(1) At the time the provider network contract is entered into or renewed, Be it enacted by the Legislature of Louisiana: or when there are material modifications to a contract relevant to granting Section 1. Subpart H-1 of Part III of Chapter 4 of Title 22 of the Louisiana access of a provider network contract to a third party, a dental carrier shall Revised Statutes of 1950, comprised of R.S. 22:1171 and 1172, is hereby enacted allow any provider which is part of the carrier’s provider network to choose to read as follows: not to participate in third-party access to the contract or to enter into a SUBPART H-1. NETWORK LEASING ACT contract directly with the health insurer that acquired the provider network. §1171. Short title; definitions If a provider opts out of a network lease arrangement, this does not permit A. This Subpart may be cited as the “Network Leasing Act”. the contracting entity to cancel or otherwise end a contractual relationship B. As used in this Subpart, the following definitions apply: with the provider. When initially contracting with a provider, a contracting (1) “Contracting entity” means any person or entity, including a third-party entity shall accept a qualified provider even if a provider rejects a network administrator and a dental carrier, that enters into a direct contract with a lease provision. provider for the delivery of dental services in the ordinary course of business. (2) The provisions of this Subsection do not apply to a contracting entity (2) “Dental benefit plan” means a benefit plan which pays or provides dental that is not a health insurer or dental carrier. expense benefits for covered dental services and is delivered or issued for C. A provider is not bound by or required to perform dental treatment or delivery by or through a dental carrier on a stand-alone basis. services pursuant to a provider network contract that has been granted to a (3) “Dental carrier” means a dental insurance company, dental service third party in violation of this Subpart. corporation, dental plan organization authorized to provide dental benefits, D. Applicability. The provisions of this Section do not apply if either of the or a health insurance plan that includes coverage for dental services. following is true: (4) “Dental services” means services for the diagnosis, prevention, (1)(a) Access to a provider network contract is granted to a dental carrier treatment, or cure of a dental condition, illness, injury, or disease. “Dental or an entity operating in accordance with the same brand licensee program services” does not include services delivered by a provider that are billed as as the contracting entity or to an entity that is an affiliate of the contracting medical expenses per the terms of a health insurance plan. entity. (5) “Dentist” means any person lawfully licensed by the Louisiana State (b) A contracting entity shall make available to a provider on its website a Board of Dentistry to practice dentistry in this state. list of the contracting entity’s affiliates. (6) “Health insurance plan” means any hospital or medical insurance policy (2) A provider network contract for dental services is provided to or certificate, qualified higher deductible health plan, health maintenance beneficiaries of state-sponsored Medicaid and LaCHIP programs. organization subscriber contract, contract providing benefits for dental care E. Penalties. The commissioner of insurance shall enforce the provisions whether such contract is pursuant to a medical insurance policy or certificate, of this Subpart and impose any penalty or remedy authorized by this Title stand-alone dental plan, health maintenance provider contract, or managed against any violator of the provisions of this Subpart. healthcare plan. F. The provisions of this Subpart cannot be waived by contract. Any (7) “Health insurer” means any entity or person that issues health insurance contractual arrangement in conflict with the provisions of this Subpart or plans as described in this Section. that purports to waive any requirement of this Subpart is of no effect. (8) “Provider” means an individual or entity which, acting within the scope G. The commissioner of insurance may promulgate rules in accordance with of licensure or certification, provides dental services or supplies defined by the Administrative Procedure Act that are consistent with the provisions of the health insurance plan or dental benefit plan. “Provider” does not include this Subpart and the laws of this state. a physician organization or physician hospital organization that leases Section 2. The provisions of this Act shall apply to any contract issued or or rents the physician organization’s or physician hospital organization’s renewed after August 1, 2021. network to a third party. Approved by the Governor, June 1, 2021. (9) “Provider network contract” means a contract between a contracting A true copy: entity and a provider that specifies the rights and responsibilities of the R. Kyle Ardoin contracting entity and provides for the delivery and payment of dental Secretary of State services to an enrollee. ------(10) “Third party” means a person or entity that enters into a contract with a contracting entity or with another third party to gain access to the dental ACT No. 27 services or contractual discounts of a provider network contract. “Third - - - party” does not include an employer or other group for whom the dental HOUSE BILL NO. 400 carrier or contracting entity provides administrative services. BY REPRESENTATIVE COUSSAN §1172. Fair and transparent network contracting; responsible leasing AN ACT requirements; applicability; penalties; enforcement; waiver of contractual To amend and reenact Civil Code Article 811 and Code of Civil Procedure regulations prohibited; rules and regulations Articles 4607, 4622, 4624, and 4625, relative to property; to provide for A. A contracting entity may grant a third party access to a provider network partitions by private sale; to provide relative to absentee or non-consenting contract or a provider’s dental services or contractual discounts pursuant co-owners; to provide for petition requirements; to provide for sale to a provider network contract if all of the following terms are met: requirements; to provide for an effective date; and to provide for related (1) The contract specifically states that the contracting entity may enter matters. into an agreement with a third party allowing the third party to obtain the Be it enacted by the Legislature of Louisiana: contracting entity’s rights and responsibilities as if the third party is the Section 1. Civil Code Article 811 is hereby amended and reenacted to read contracting entity. as follows: (a) If the contracting entity is a dental carrier, the provider chose to Art. 811. Partition by licitation or by private sale participate in third-party access at the time the provider network contract A. When the thing held in indivision is not susceptible to partition in kind, was entered into or renewed, and for contracts with dental carriers, the the court shall decree a partition by licitation or, as provided in Paragraph dentist has the right to choose not to participate in third-party access. B of this Article, by private sale and the proceeds shall be distributed to the (b) If the contracting entity is an insurer, the third-party access provision co-owners in proportion to their shares. of any provider network contract specifically states that the contract grants B. In the event that one or more of the co-owners are absentees or have not third-party access to the provider network. consented to a partition by private sale, the court may set the terms of the (2) The third party accessing the contract agrees to comply with all terms of sale and shall order a partition by private sale and shall give first priority to the provider network contract. the private sale between the existing co-owners, over the sale by partition by (3) The contracting entity identifies, in writing or electronic form to the licitation or private sale to third parties. The court shall order the partition provider, all third parties in existence as of the date of the contract. by private sale between the existing co-owners as identified in the conveyance (4) The contracting entity identifies all third parties in existence in a list on records as of the date of filing for the petition for partition by private sale. its internet website that is updated at least once every ninety days. The petition for partition by private sale shall be granted first priority, and (5) The contracting entity notifies network providers in writing or electronic the sale shall be executed under Title IX of Book VII of the Code of Civil THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 18 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Procedure. AN ACT Section 2. Code of Civil Procedure Articles 4607, 4622, 4624, and 4625 are To repeal Part IV of Chapter 13 of Title 22 of the Louisiana Revised Statutes hereby amended and reenacted to read as follows: of 1950, comprised of R.S. 22:2261, relative to a central database on life Art. 4607. Partition by licitation or by private sale insurance policies; to provide for an effective date; and to repeal provisions When a partition is to be made by licitation, the sale shall be conducted regarding a central database on life insurance policies. at public auction and after the advertisements required for judicial sales Be it enacted by the Legislature of Louisiana: under execution. When a partition is to be made at private sale without the Section 1. Part IV of Chapter 13 of Title 22 of the Louisiana Revised Statutes consent of all co-owners, the sale shall be for not less than two-thirds of the of 1950, comprised of R.S. 22:2261, is hereby repealed in its entirety. appraised value of the property, and documents required pursuant to a court Section 2. This Act shall become effective on July 1, 2021. order shall be made executed on behalf of the absentee or non-consenting Approved by the Governor, June 1, 2021. co-owner by a court-appointed representative, who may be a co-owner, after A true copy: the advertisements required for judicial sales under execution are made. R. Kyle Ardoin All counsel of record, including curators appointed to represent absentee Secretary of State defendants, and persons appearing in proper person shall be given notice ------of the sale date. At any time prior to the sale, the parties may agree upon a nonjudicial partition. ACT No. 29 * * * - - - Art. 4622. Petition HOUSE BILL NO. 450 A. The petition for the partition of property in which an absentee owns BY REPRESENTATIVE COX an interest, under the articles of this Chapter, shall allege the facts showing AN ACT that the absent and unrepresented defendant is an absentee, as defined in To amend and reenact R.S. 15:587(A)(1)(a), R.S. 51:911.24(I)(1), (2), and (J) Article 5251, shall describe the property sought to be partitioned and allege (1), 912.3(1), 912.5(A), and 912.27(A)(3) and to enact R.S. 15:587(A)(1)(k), the ownership interests thereof, and shall be supported by an affidavit of the R.S. 51:911.22(14), 911.24(I)(3), and 912.21(14), relative to the Louisiana petitioner or of his counsel that the facts alleged in the petition are true. Manufactured Housing Commission; to provide for the collection of criminal B.(1) If the partition is to be made by private sale, the petition for partition history record information on applicants for licensure; to provide for the between the co-owners shall have first priority status by the court and shall suspension of continuing education requirements; to provide for definitions; describe include all of the following: to provide for technical changes; and to provide for related matters. (a) the The primary terms of the proposed sale,. Be it enacted by the Legislature of Louisiana: (b) The name of the proposed purchaser and whether the proposed Section 1. R.S. 15:587(A)(1)(a) is hereby amended and reenacted and R.S. purchaser is a co-owner or third party in accordance with Civil Code Article 15:587(A)(1)(k) is hereby enacted to read as follows: 811(B). identify the proposed purchaser, if any, disclose whether the proposed §587. Duty to provide information; processing fees; Louisiana Bureau of purchaser is related to any co-owner, Criminal Identification and Information (c) The source or location of funds to be used in the sale. A.(1)(a) The bureau shall make available upon request, or at such other (d) If the proposed purchaser is a juridical entity, including but not times as the deputy secretary shall designate, to any eligible criminal limited to corporations, limited liability companies, partnerships, and sole justice agency and the Louisiana Department of Education, the Louisiana proprietorships, and whether that entity has a relationship with any co- Department of Health, the state fire marshal when reviewing applications for owner. and disclose to the petitioning co-owners licensure, the Louisiana Manufactured Housing Commission when reviewing (e) whether Whether any costs associated with the sale will be paid to applications for licensure, the Department of Children and Family Services, any person related to the petitioning co-owners within the fourth degree the Department of Insurance, the Louisiana State Racing Commission, the or a juridical entity in which the co-owner has a direct or indirect financial Senate and Governmental Affairs Committee, the House and Governmental interest. Affairs Committee, the secretary of the Louisiana Workforce Commission (2) Upon judgment of the court ordering the sale, payment shall be made or his designee, the Board of River Port Pilot Commissioners, the Office of within twenty-four hours using cash or certified funds. Financial Institutions in the office of the governor, the office of the disciplinary * * * counsel of the Louisiana Attorney Disciplinary Board of the Louisiana State Art. 4624. Publication of notice Bar Association; however, as to any licensed attorney such information shall Notice of the institution of the proceeding shall be published at least once be provided only after the issuance of a formal charge against the attorney, in the parish where the partition proceeding is instituted, in the manner the Louisiana Supreme Court Committee on Bar Admissions, the municipal provided by law. This notice shall set forth the title and docket number of the or parish department or personnel responsible for reviewing applications proceeding, the name and address of the court, a description of the property for alcoholic beverage outlet permits, and the legislative auditor any sought to be partitioned, and the primary terms of the private sale and shall information contained in the criminal history record and identification files notify the absent defendant that the plaintiff is seeking to have the property of the bureau. The Department of Children and Family Services may provide partitioned by licitation or by private sale under Civil Code Article 811 and information secured pursuant to this Subsection to all federal and state Chapters 1 and 2 of this Title, and that the absent defendant has fifteen days agencies providing child support enforcement services. from the date of the publication of notice, or of the initial publication of * * * notice if there is more than one publication, to answer the plaintiff’s petition. (k) The Louisiana Manufactured Housing Commission shall submit Art. 4625. Trial; judgment ordering sale fingerprint cards and other identifying information of persons seeking A. Except as otherwise provided in Article 4630, if the petitioner proves licensure pursuant to R.S. 51:911.21 et seq. to the bureau. The bureau shall, on the trial of the proceeding that he is a co-owner of the property and upon request and after receipt of fingerprint cards and other identifying entitled to the partition thereof and that the defendant is an absentee who information from the Louisiana Manufactured Housing Commission, make owns an interest therein, the court shall render judgment ordering either the available to the Louisiana Manufactured Housing Commission all arrest and public sale of the property for cash by the sheriff to effect a partition, after conviction information contained in the bureau’s criminal history record and the advertisement required by law for a sale under execution or the private identification files which pertain to the person seeking licensure with the sale of the property for cash by the court-appointed representative to effect Louisiana Manufactured Housing Commission. a partition, executed on behalf of the absentee or non-consenting co-owner Section 2. R.S. 51:911.24(I)(1), (2), and (J)(1), 912.3(1), 912.5(A), and 912.27(A) by a court-appointed representative, who may be a co-owner, under Chapters (3) are hereby amended and reenacted and R.S. 51:911.22(14), 911.24(I)(3), and 1 and 2 of this Title, and after the advertisement required by law for a sale 912.21(14) are hereby enacted to read as follows: under execution. §911.22. Definitions B. The judgment shall determine the absentee’s share in the proceeds of As used in this Part, unless the context requires a different definition: the sale, and award a reasonable fee to the attorney appointed to represent * * * him to be paid from the absentee’s share of the proceeds of the sale. (14) “Extraordinary circumstances” means a federally declared disaster, a Section 3. This Act shall become effective upon signature by the governor gubernatorially declared disaster or emergency, a pandemic, or an illness or or, if not signed by the governor, upon expiration of the time for bills to emergency medical condition. 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 §911.24. License required; qualifications; application; issuance; transfer; subsequently approved by the legislature, this Act shall become effective on criminal history record information the day following such approval. * * * Approved by the Governor, June 1, 2021. I.(1) The commission shall have the authority to: A true copy: (1) Request request and obtain from the Department of Public Safety and R. Kyle Ardoin Corrections, Bureau of Criminal Identification and Information, hereinafter Secretary of State referred to as the “bureau”, criminal history record information as defined in ------R.S. 51:911.22(3) on any person applying for any license which the commission is authorized by law to issue and shall pay a fee as specified in R.S. 15:587. ACT No. 28 (2) The applicant shall submit fingerprints and other identifying information - - - to the commission, which shall then submit such information to the bureau, HOUSE BILL NO. 436 and the bureau shall, upon request of the commission and after receipt of the BY REPRESENTATIVE FREIBERG fingerprint card and other identifying information from the commission, make THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 19 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. available to the commission all arrest and conviction information contained Be it enacted by the Legislature of Louisiana: in the bureau’s criminal history record and identification files which pertain Section 1. R.S. 22:1483(A) and (C) are hereby amended and reenacted and to the applicant. R.S. 22:1483(D) is hereby enacted to read as follows: Charge (3) The commission shall have the authority to charge and collect §1483. Premium discounts, credits, rate differentials, adjustments in from an applicant for any license which the board is authorized to issue, deductibles, and other adjustments for compliance with building codes and in addition to all other applicable fees and costs, such amount as may be for damage mitigation incurred by the commission in requesting and obtaining criminal history A. Any insurer required to submit rates and rating plans to the record information on the applicant. commissioner of insurance shall provide an actuarially justified discount, J.(1) Prior to January 1, 2005, and each year thereafter, all All retailers and credit, rate differential, adjustment in deductible, or any other adjustment to developers shall annually take a commission-approved continuing education reduce the insurance premium to insureds who build or retrofit a structure to course. The individual required to attend the continuing education course comply with the requirements of the State Uniform Construction Code or the is the individual license holder; for corporations, an officer or manager; for Insurance Institute for Business and Home Safety. partnerships, a partner or manager. The commission shall set the educational * * * requirements and approve providers and the course materials for all C.(1) After July 1, 2022, all insurers required to submit rating plans to the continuing education classes. The commission shall have the authority to commissioner may, if actuarially justified, provide credits and discounts suspend these continuing education requirements, for one or more licensees, in compliance with the fortified home and fortified commercial standards if the commission, in its discretion, determines such action is warranted due created by the Insurance Institute for Business and Home Safety. Any to extraordinary circumstances. homeowner who is currently receiving discounts pursuant to this Section * * * may opt to maintain discounts offered prior to July 1, 2022, if the homeowner §912.3. Definitions continues to meet the requirements to maintain such discounts, in lieu of the For purposes of this Part, the following words, phrases, and terms are discount provided in this Subsection. defined and construed as follows: (2) To obtain a credit or discount provided in this Subsection, an insurable (1) “Builder” means a person or an entity that designs, manufactures, property located in this state shall be certified as constructed in accordance or constructs homes, including dealers, developers, manufacturers, and with the fortified home or fortified commercial standards provided by the installers, whether or not the consumer purchased the underlying real estate Insurance Institute for Business and Home Safety. with the home or the builder initially occupied the home as his residence. (3) An insurable property shall be certified as in conformance with the means the dealer who sold the home, the manufacturer who constructed the fortified home or fortified commercial standards only after inspection and home or any section of the home if it is a multi-section home, the installer certification by an Insurance Institute for Business and Home Safety certified who installed the home, any person or entity that designed, manufactured, or inspector. constructed the home, whether or not the consumer purchased the underlying (4) An owner of insurable property claiming a credit or discount shall real estate with the home or the builder initially occupied the home as his maintain and provide certification records and construction records, residence, or any person or entity licensed by the commission. including certification of compliance with the Insurance Institute for * * * Business and Home Safety standards, for which the owner seeks a discount. §912.5. Required notice Such documents may include but are not limited to receipts for contractors, A. Before undertaking any repair himself or instituting any action for receipts for materials, and records from local building officials. breach of warranty, the owner shall give the commission written notice on (5) An owner of insurable property claiming a credit or discount shall each individual home that is defective by filling out the consumer complaint maintain the Insurance Institute for Business and Home Safety certification form provided by the commission and submitting it by registered or certified documents, which shall be considered evidence of compliance with the mail within one year after knowledge of the defect, advising the commission fortified home or fortified commercial standards. The certification shall be of all defects in the individual home. The commission shall then have the presented to the insurer or potential insurer of a property owner before the individual home inspected and a determination made on all defects listed adjustment becomes effective for the insurable property along with any other by the owner. Thereafter, the commission shall give the appropriate builder necessary records. a reasonable opportunity to comply with the provisions of this Part. Once (6) The credit or discount shall apply only to policies that provide wind the repairs are made, the commission shall have the home reinspected to coverage and may apply to the portion of the premium for wind coverage or to determine if the repairs have been made in compliance with the building the total premium, if the insurer does not separate out the premium for wind standards. coverage in the rate filing. The adjustment shall apply exclusively to the * * * premium designated for the improved insurable property. The adjustment §912.21. Definitions is not required to be in addition to other mitigation adjustments provided by For the purposes of this Part, the following words have the following the insurer and shall be in lieu of those other adjustments, including those in meanings: place prior to January 1, 2022, if they are deemed to be duplicated. * * * (7) The records required by this Subsection shall be subject to audit by the (14) “Extraordinary circumstances” means a federally declared disaster, a commissioner. gubernatorially declared disaster or emergency, a pandemic, or an illness or (8) Nothing in this Section shall prohibit insurers from offering additional emergency medical condition. adjustments in deductible, other credit rate differentials, or a combination * * * thereof. These adjustments shall be available under the terms specified in §912.27. Licensure of installers and transporters; adoption of rules; this Section to any owner who builds or locates a new insurable property compliance with installation instructions; disposition of fees in this state to resist loss due to hurricane, tornado, or other catastrophic A. windstorm events. * * * (9) For the purposes of this Subsection, insurable property includes single- (3) Installers shall be required to attend one continuing education course family residential property, commercial property, modular homes, and per year. The individual required to attend the continuing education manufactured homes that may be retrofitted. course is the individual license holder. For corporations, an officer of D. The commissioner of insurance, in consultation with the State Uniform the corporation shall attend the course. For partnerships, a partner shall Construction Code Council, shall, no later than January 1, 2008, promulgate attend the course. The commission shall set the educational requirements rules and regulations in accordance with the Administrative Procedure Act and approve educational course providers and the course materials for all to implement the provisions of this Section. The rules and regulations may continuing education classes. The commission shall have the authority to include but not be limited to the following: suspend these continuing education requirements, for one or more licenses, (1) Provisions defining and delineating the criteria for discounts, credits, if the commission, in its discretion, determines such action is warranted due rate differentials, adjustments in deductibles, or any other adjustments to extraordinary circumstances. to reduce the insurance premium and how such discounts, credits, rate * * * differentials, adjustments in deductibles, or any other adjustments are Approved by the Governor, June 1, 2021. computed in determining their application in each premium quoted. A true copy: (2) Those items necessary for an insurer to compute or otherwise determine R. Kyle Ardoin the actuarially justified amount of any premium rate reduction, discount, Secretary of State credit, rate differential, reduction in deductible, or other adjustment ------available to an insured. (3) Provisions establishing the inspection and certification requirements ACT No. 30 for insureds who comply with the provisions of this Section. - - - (4) Recordkeeping requirements for insurers. HOUSE BILL NO. 451 Approved by the Governor, June 1, 2021. BY REPRESENTATIVE DAVIS AND SENATORS BARROW, FOIL, AND A true copy: WHITE R. Kyle Ardoin AN ACT Secretary of State To amend and reenact R.S. 22:1483(A) and (C) and to enact R.S. 22:1483(D), ------relative to insurance discounts and rate reductions for residential and commercial buildings; to provide the requirements for buildings to qualify ACT No. 31 for the discount or rate reduction; 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 under- PAGE 20 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. HOUSE BILL NO. 461 deposit it with the state treasurer who shall credit it to the state general fund. BY REPRESENTATIVE HUGHES AND SENATORS BOUIE AND HARRIS §440. Penalty for failure to file statement report or remit tax AN ACT A. In case of any failure of a surplus lines broker to make a report required To amend and reenact R.S. 46:1430(A)(1), relative to certain facilities licensed or to make payment of the tax provided imposed by R.S. 22:439, a penalty of by the Department of Children and Family Services to provide out-of-home ten percent shall be added to of the amount of tax due, and shall be paid to care for children; to revise certain provisions of the Specialized Provider the commissioner of insurance along with the tax due, unless. Licensing Act; to provide relative to entities that violate regulations adopted B. The commissioner may waive the payment of the penalty if all of the pursuant to such law; to provide with respect to violations related to state following occur: central registry clearances; and to provide for related matters. (1) There is satisfactory evidence to his satisfaction is submitted to him to Be it enacted by the Legislature of Louisiana: show that such the failure to report or pay pursuant to R.S. 22:439 was due to Section 1. R.S. 46:1430(A)(1) is hereby amended and reenacted to read as some an unforeseen or unavoidable reason other than mere neglect. follows: (2) If the The delinquency be is for no more than thirty days after the due §1430. Operating in violation of regulations; penalties and fines date of the report required by or after the due date for the payment of taxes A.(1) For violations related to supervision, criminal history record checks, as provided the tax imposed by R.S. 22:439, neglect will be presumed and the state central registry disclosure process state central registry clearances, the ten percent shall be added without any discretion on the part of the staff-to-child ratios, motor vehicle checks, or failure to report critical commissioner of insurance. incidents, the Department of Children and Family Services may issue a C. After the lapse of thirty days, until the report is filed and the delinquent written warning that includes a corrective action plan, in lieu of revocation, tax paid, the commissioner of insurance may suspend or revoke the license of upon any person or specialized provider violating these requirements if such the delinquent surplus lines broker to do business in this state. condition or occurrence does not pose an imminent threat to the health, D. Any fine penalty collected by the commissioner of insurance hereunder safety, rights, or welfare of a child. Failure to implement a corrective action pursuant to this Section shall be paid to the state treasurer and credited to plan issued pursuant to this Section may result in either the assessment of a the general fund. civil fine or license revocation or may result in both actions being taken by Section 2. This Act shall become effective July 1, 2021. the department. Such civil fine shall not exceed two hundred fifty dollars per Approved by the Governor, June 1, 2021. day for each assessment; however, the aggregate fines assessed for violations A true copy: determined in any consecutive twelve-month period shall not exceed two R. Kyle Ardoin thousand dollars. Secretary of State * * * ------Approved by the Governor, June 1, 2021. A true copy: ACT No. 33 R. Kyle Ardoin - - - Secretary of State HOUSE BILL NO. 532 ------BY REPRESENTATIVES ST. BLANC, GREEN, JORDAN, KERNER, NEWELL, THOMPSON, AND TURNER AND SENATORS ACT No. 32 ALLAIN AND WARD - - - AN ACT HOUSE BILL NO. 462 To repeal R.S. 45:164(E)(3), relative to common carrier’s certificates; to provide BY REPRESENTATIVE HUVAL relative to intrastate movers of household goods; to remove the contract AN ACT limit for certain common carrier certificate requirements for movers of To amend and reenact R.S. 22:439(A)(1), (2)(introductory paragraph), and (3) household goods; and to provide for related matters. and (B) and 440 and to enact R.S. 22:439(E), relative to the tax on surplus lines Be it enacted by the Legislature of Louisiana: and unauthorized insurance; to provide for a tax on the direct placement Section 1. R.S. 45:164(E)(3) is hereby repealed in its entirety. of unauthorized insurance; to provide for direct placement tax reports; to Approved by the Governor, June 1, 2021. provide for a penalty for the failure to pay the tax or to file the required A true copy: report; to provide for the waiver of the penalty; to provide for an effective R. Kyle Ardoin date; and to provide for related matters. Secretary of State Be it enacted by the Legislature of Louisiana: ------Section 1. R.S. 22:439(A)(1), (2)(introductory paragraph), and (3) and (B) and 440 are hereby amended and reenacted and R.S. 22:439(E) is hereby enacted ACT No. 34 to read as follows: - - - §439. Tax on surplus lines and unauthorized insurance HOUSE BILL NO. 689 A.(1) There shall be a tax of four and eighty-five one hundredths of one (Substitute for House Bill No. 466 by Representative Jordan) percent per annum on the gross premium without regard to the location of BY REPRESENTATIVE JORDAN the covered property, risk, or exposure for all surplus lines of insurance AN ACT placed through a Louisiana licensed surplus lines broker with a surplus lines To amend and reenact R.S. 6:649(A)(2) and (C), relative to credit unions; to insurer or other unauthorized insurer and for which Louisiana is the home allow for compensation; to provide for the payment of insurance premiums; state of the policyholder as defined in R.S. 22:46(8.1). The commissioner shall to provide for effectiveness; and to provide for related matters. collect the tax and deposit it with the state treasurer who shall credit it to the Be it enacted by the Legislature of Louisiana: state general fund. Section 1. R.S. 6:649(A)(2) and (C) are hereby amended and reenacted to read (2) On or before March first, June first, September first, and December first as follows: of each year, each surplus lines broker shall transmit to the commissioner a §649. Directors; officers; compensation surplus lines tax report and remit the tax payable pursuant to this Subsection. A. The commissioner shall prescribe the manner and form of the surplus lines * * * tax report, which shall include all of the following: (2) At the first meeting after the annual meeting of the members, the directors * * * shall elect from their number the board officers specified in the bylaws. Only (3) The commissioner shall not require a quarterly report for any quarter one board officer shall be compensated as an officer of the board; and the in which a surplus lines broker has no surplus lines or other unauthorized The bylaws shall specify such positions, as well as the specific duty of each insurance premium to report. The commissioner shall require the filing of of the board officers. The board shall elect from their number a financial the report due on or before March first in order to certify the reporting of all officer who shall give bond with good and sufficient surety in an amount and surplus lines and other unauthorized insurance business conducted during character to be determined by the board of directors in compliance with the the calendar year or the absence of any business during the calendar year. conditions of this Section. B. Every person placing insurance without a licensed Louisiana producer * * * or surplus lines broker shall transmit a report and remit the tax to the C. No member of the board of directors or of the credit or supervisory commissioner pursuant to Subsection A of this Section. committees shall receive any compensation for his services as a member (1) There shall be a tax of four and eighty-five one hundredths of one of the board or of the committee. However, directors and committee percent per annum on one hundred percent of the gross premium without members may receive A credit union may reasonably compensate an regard to the location of the covered property, risk, or exposure for all officer, director, or committee member for services to the credit union or insurance placed directly by the policyholder with a surplus lines insurer or for expense reimbursement for loss of pay while away from work on credit other unauthorized insurer and for which Louisiana is the home state of the union business, or and for per diem, when provided for in the bylaws. The policyholder as defined in R.S. 22:46(8.1). commissioner may approve such bylaw provision when the credit union’s (2) Each policyholder directly placing insurance shall transmit a direct legal reserves are in excess of six percent of risk assets. The payment by placement tax report to the commissioner and remit the tax payable pursuant the credit union of premiums for liability, travel, accident, hospitalization to this Subsection within thirty days of the transaction. The commissioner health, or life insurance coverage on the director or committee member shall shall prescribe the manner and form of the direct placement tax report. not be considered as compensation under this Section. * * * Section 2. This Act shall become effective upon signature by the governor E. The commissioner shall collect the tax imposed by this Section and 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 under- PAGE 21 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. become law without signature by the governor, as provided by Article III, if not for the involuntary furlough or leave without pay. Such contributions, Section 18 of the Constitution of Louisiana. If vetoed by the governor and if paid to the employer, shall be remitted by the employer to the system. The subsequently approved by the legislature, this Act shall become effective on member shall remit the contributions no later than December 31, 2021. the day following such approval. B. Any service and salary credit purchased pursuant to this Section shall be Approved by the Governor, June 1, 2021. subject to the following conditions and limitations: A true copy: (1) There shall be no duplication of service credit. R. Kyle Ardoin (2) The employer shall certify the loss of service credit was due to the COVID-19 Secretary of State pandemic. ------(3) The purchased service and salary credit may not be used for the purpose of meeting the minimum service requirements for disability retirement. ACT No. 35 (4) Compensation on which the required contributions for purchase of service - - - and salary credit are based shall be the rate of compensation in effect for the SENATE BILL NO. 13 last full pay period ending on or before the date the member was furloughed or BY SENATOR PRICE placed on leave without pay. Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) (5) The right to purchase service and salary credit pursuant to this Section of the Constitution of Louisiana. shall not apply to routine personnel actions or separations which are not the AN ACT direct result of the COVID-19 pandemic. To enact R.S. 11:1305.1, relative to the State Police Retirement System; to (6) Any dispute arising under the limitations of this Subsection shall be provide relative to the transfer of service credit from another Louisiana resolved in the sole and exclusive discretion of the board of trustees of the public retirement system, fund, or plan; to provide with respect to an retirement system. upgrade of the accrual rate applicable to service credit transferred; to C. The board of trustees may adopt rules to implement the provisions of this provide for determination and funding of the cost of the upgrade; to provide Section. for an effective date; and to provide for related matters. Section 2. This Act shall become effective upon signature by the governor Notice of intention to introduce this Act has been published. 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. 11:1305.1 is hereby enacted to read as follows: Section 18 of the Constitution of Louisiana. If vetoed by the governor and §1305.1. Transfer of service credit; purchase of accrual rate subsequently approved by the legislature, this Act shall become effective on A. Notwithstanding any provision of R.S. 11:143(D) to the contrary, any the day following such approval. member of the State Police Retirement System who, pursuant to R.S. 11:143, Approved by the Governor, June 1, 2021. has transferred service credit from another retirement system, fund, or plan at A true copy: an accrual rate lower than the accrual rate applicable to the member’s service R. Kyle Ardoin credit earned in this system may purchase the accrual rate of this system for Secretary of State application to all or a permissible portion of the member’s transferred service ------credit by paying an amount calculated on an actuarial basis in accordance with R.S. 11:158(C) that totally offsets the increase in accrued liability of this system ACT No. 37 resulting from the upgrade in the accrual rate applicable to the member’s - - - transferred service credit. SENATE BILL NO. 24 B. “Permissible portion” pursuant to Subsection A of this Section shall be: BY SENATORS PRICE, ABRAHAM, BARROW, BERNARD, BOUDREAUX, (1) An increment of one full year or more. BOUIE, CARTER, CLOUD, CORTEZ, FESI, FIELDS, HARRIS, HENRY, (2) One-time upgrade of the fractional portion of a year. HENSGENS, JACKSON, JOHNS, MCMATH, MILLIGAN, FRED MILLS, Section 2. The cost of this Act shall be funded with the employee payments ROBERT MILLS, MIZELL, MORRIS, PEACOCK, POPE, REESE, SMITH, required by Section 1 of this Act. Any additional cost of this Act shall be WARD, WHITE AND WOMACK AND REPRESENTATIVES ADAMS, funded with additional employer contributions in compliance with Article X, BACALA, FIRMENT, HARRIS, JEFFERSON AND TARVER Section 29(F) of the Louisiana Constitution. Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) Section 3. This Act shall become effective upon signature by the governor of the Constitution of Louisiana. or, if not signed by the governor, upon expiration of the time for bills to AN ACT become law without signature by the governor, as provided by Article III, To enact R.S. 11:542.1.2, 883.3.1, 1145.4, and 1331.3, relative to the Louisiana Section 18 of the Constitution of Louisiana. If vetoed by the governor and State Employees’ Retirement System, Teachers’ Retirement System of subsequently approved by the legislature, this Act shall become effective on Louisiana, Louisiana School Employees’ Retirement System, and the State the day following such approval. Police Retirement System; to provide relative to a permanent benefit Approved by the Governor, June 1, 2021. increase, a cost-of-living adjustment or other supplemental payment for A true copy: certain retirees; to provide with respect to a minimum benefit increase to R. Kyle Ardoin certain retirees, their survivors, and their beneficiaries; to provide relative Secretary of State to the experience account; to provide with respect to calculation and for ------funding; to provide for qualifications; to provide an effective date; and to provide for related matters. ACT No. 36 Notice of intention to introduce this Act has been published. - - - Be it enacted by the Legislature of Louisiana: SENATE BILL NO. 21 Section 1. R.S. 11:542.1.2, 883.3.1, 1145.4, and 1331.3 are hereby enacted to BY SENATOR ROBERT MILLS read as follows: Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) §542.1.2. 2021 Minimum benefit increase; payment from experience account of the Constitution of Louisiana. A. A monthly minimum benefit increase shall be payable to: AN ACT (1) Each retiree of the system who, on June 30, 2021, meets all of the following To enact R.S. 11:163.2, relative to the Municipal Employees’ Retirement criteria: System; to provide for credit for involuntary furlough and leave without (a) He has thirty or more years of service credit, exclusive of unused leave. pay; to provide with respect to the purchase of service and salary credit (b) He has been retired for fifteen years or more. lost as a result of COVID-related involuntary furlough or leave for certain (c) He receives a monthly retirement benefit of less than one thousand four employees; to provide with respect to payment for service purchased; to hundred fifty dollars. provide for limitations; to provide for implementation; to provide for an (d) He is at least sixty years of age. effective date; and to provide for related matters. (e) He has neither participated in the Deferred Retirement Option Plan Notice of intention to introduce this Act has been published. pursuant to R.S. 11:447 nor chosen an Initial Benefit Option pursuant to R.S. Be it enacted by the Legislature of Louisiana: 11:446(A)(5). Section 1. R.S. 11:163.2 is hereby enacted to read as follows: (2) Each nonretiree beneficiary receiving a benefit on June 30, 2021, who, as §163.2. Involuntary furlough; service and salary credit; credit for leave of June 30, 2021, meets all of the following criteria: without pay (a) The deceased member had thirty or more years of service credit exclusive A.(1) Any member of the Municipal Employees’ Retirement System of of unused leave. Louisiana who, due to the COVID-19 pandemic, was involuntarily furloughed (b) The retiree and nonretiree beneficiary, or both combined, have received a without pay due to a reduction-in-force of his employer or was involuntarily benefit for at least fifteen years. furloughed or placed on leave without pay may purchase service and salary (c) The nonretiree beneficiary receives a monthly retirement benefit of less credit for each day of service during the period beginning on April 1, 2020, and than one thousand four hundred fifty dollars. ending on November 30, 2020, that he was furloughed or on such leave if such (d) The deceased member would be at least sixty years of age had he lived. service was not credited to his account, subject to the limitations contained in (e) The deceased member neither participated in the Deferred Retirement Subsection B of this Section. Option Plan pursuant to R.S. 11:447 nor chose an Initial Benefit Option pursuant (2) A member who purchases service and salary credit pursuant to this to R.S. 11:446(A)(5). Section shall pay to the system or to his employer the employee and employer (3) Any unmarried surviving spouse, any surviving minor child, or any contributions which would have been remitted to the system by his employer surviving totally physically handicapped or mentally disabled child of a THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 22 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. deceased member which survivor is receiving a monthly retirement benefit increased by the lesser of three hundred dollars or the difference between one pursuant to R.S. 11:471 of less than one thousand four hundred fifty dollars if, thousand four hundred fifty dollars and his current monthly benefit amount. In on June 30, 2021, all of the following apply to the deceased member: the event there are multiple survivors to whom Paragraph (A)(3) of this Section (a) He had at least thirty years of service credit, exclusive of unused leave. applies, such survivors shall share equally a monthly benefit increase of three (b) He has been deceased for fifteen years or more. hundred dollars. (c) He would have been at least age sixty. D. The provisions of this Section shall not apply to any retiree, nonretiree (d) He had not participated in the Deferred Retirement Option Plan pursuant beneficiary, or survivor receiving a benefit pursuant to a reciprocal agreement to R.S. 11:447 and had not chosen an Initial Benefit Option pursuant to R.S. recognized by the system. 11:446(A)(5). E. The actuarial cost of implementing the provisions of this Section shall be B. Each person to whom this Section applies, except as provided in Subsection paid from the employee experience account. C of this Section, shall have his current monthly retirement benefit amount F. The increase provided pursuant to this Section shall begin on July 1, 2021. increased by the lesser of: * * * (1) Three hundred dollars. §1145.4. 2021 Minimum benefit increase; payment from experience account (2) The difference between one thousand four hundred fifty dollars and his A. A monthly minimum benefit increase shall be payable to: current monthly benefit amount. (1) Each retiree of the system who, on June 30, 2021, meets all of the following C.(1) Notwithstanding Subsection B of this Section, if any nonretiree criteria: beneficiary to whom this Section applies is receiving a monthly benefit amount (a) He has thirty or more years of service credit, exclusive of unused leave. based upon an optional allowance pursuant to R.S. 11:446(A)(1) through (4), (b) He has been retired for fifteen years or more. which amount is less than that received by the retiree while alive, the amount (c) He receives a monthly retirement benefit of less than one thousand four of the increase that would otherwise be payable pursuant to Subsection B of this hundred fifty dollars. Section shall be prorated based upon the option selected. (d) He is at least sixty years of age. (2) Notwithstanding Subsection B of this Section, if a survivor to whom (e) He has neither participated in the Deferred Retirement Option Plan Paragraph (A)(3) of this Section applies is the sole survivor receiving a benefit pursuant to R.S. 11:1152 nor chosen an Initial Benefit Retirement Plan pursuant pursuant to R.S. 11:471, he shall have his current monthly retirement benefit to R.S. 11:1152.1. increased by the lesser of three hundred dollars or the difference between one (2) Each nonretiree beneficiary receiving a benefit on June 30, 2021, who, as thousand four hundred fifty dollars and his current monthly benefit amount. If of June 30, 2021, meets all of the following criteria: there are multiple survivors to whom Paragraph (A)(3) of this Section applies, (a) The deceased member had thirty or more years of service credit exclusive such survivors shall share equally a monthly benefit increase of three hundred of unused leave. dollars. (b) The retiree and nonretiree beneficiary, or both combined, have received a D. The provisions of this Section shall not apply to any retiree, nonretiree benefit for at least fifteen years. beneficiary, or survivor receiving a benefit pursuant to a reciprocal agreement (c) The nonretiree beneficiary receives a monthly retirement benefit of less recognized by the system. than one thousand four hundred fifty dollars. E. The actuarial cost of implementing the provisions of this Section shall be (d) The deceased member would be at least sixty years of age had he lived. paid from the employee experience account. (e) The deceased member neither participated in the Deferred Retirement F. The increase provided pursuant to this Section shall begin on July 1, 2021. Option Plan pursuant to R.S. 11:1152 nor chose an Initial Benefit Retirement * * * Plan pursuant to R.S. 11:1152.1. §883.3.1. 2021 Minimum benefit increase; payment from experience account (3) Any unmarried surviving spouse, any surviving minor child, or any A. A monthly minimum benefit increase shall be payable to: surviving totally physically handicapped or mentally disabled child of a (1) Each retiree of the system who, on June 30, 2021, meets all of the following deceased member which survivor is receiving a monthly retirement benefit criteria: pursuant to R.S. 11:1151 of less than one thousand four hundred fifty dollars if, (a) He has thirty or more years of service credit, exclusive of unused leave. on June 30, 2021, all of the following apply to the deceased member: (b) He has been retired for fifteen years or more. (a) He had at least thirty years of service credit, exclusive of unused leave. (c) He receives a monthly retirement benefit of less than one thousand four (b) He has been deceased for fifteen years or more. hundred fifty dollars. (c) He would have been at least age sixty. (d) He is at least sixty years of age. (d) He had not participated in the Deferred Retirement Option Plan pursuant (e) He has neither participated in the Deferred Retirement Option Plan to R.S. 11:1152 and had not chosen an Initial Benefit Retirement Plan pursuant pursuant to R.S. 11:786 nor chosen an Initial Lump Sum Benefit pursuant to to R.S. 11:1152.1. R.S. 11:783(A)(3). B. Each person to whom this Section applies, except as provided in Subsection (2) Each nonretiree beneficiary receiving a benefit on June 30, 2021, who, as C of this Section, shall have his current monthly retirement benefit amount of June 30, 2021, meets all of the following criteria: increased by the lesser of: (a) The deceased member had thirty or more years of service credit exclusive (1) Three hundred dollars. of unused leave. (2) The difference between one thousand four hundred fifty dollars and his (b) The retiree and nonretiree beneficiary, or both combined, have received a current monthly benefit amount. benefit for at least fifteen years. C.(1) Notwithstanding Subsection B of this Section, if any nonretiree (c) The nonretiree beneficiary receives a monthly retirement benefit of less beneficiary to whom this Section applies is receiving a monthly benefit amount than one thousand four hundred fifty dollars. based upon an optional allowance pursuant to R.S. 11:1150 which is less than (d) The deceased member would be at least sixty years of age had he lived. that received by the retiree while alive, the amount of the increase that would (e) The deceased member neither participated in the Deferred Retirement otherwise be payable pursuant to Subsection B of this Section shall be prorated Option Plan pursuant to R.S. 11:786 nor chose an Initial Lump Sum Benefit based upon the option selected. pursuant to R.S. 11:783(A)(3). (2) Notwithstanding Subsection B of this Section, if a survivor to whom (3) Any unmarried surviving spouse or any surviving minor child as that term Paragraph (A)(3) of this Section applies is the sole survivor receiving a benefit is defined in R.S. 11:701, of a deceased member which survivor is receiving a pursuant to R.S. 11:1151, he shall have his current monthly retirement benefit monthly retirement benefit pursuant to R.S. 11:762 of less than one thousand increased by the lesser of three hundred dollars or the difference between one four hundred fifty dollars if, on June 30, 2021, all of the following apply to the thousand four hundred fifty dollars and his current monthly benefit amount. If deceased member: there are multiple survivors to whom Paragraph (A)(3) of this Section applies, (a) He had thirty years of service credit, exclusive of unused leave. such survivors shall share equally a monthly benefit increase of three hundred (b) He has been deceased for fifteen years or more. dollars. (c) He would have been at least age sixty. D. The provisions of this Section shall not apply to any retiree, nonretiree (d) He had not participated in the Deferred Retirement Option Plan pursuant beneficiary, or survivor receiving a benefit pursuant to a reciprocal agreement to R.S. 11:786 and had not chosen an Initial Lump Sum Benefit pursuant to R.S. recognized by the system. 11:783(A)(3). E. The actuarial cost of implementing the provisions of this Section shall be B. Each person to whom this Section applies, except as provided in Subsection paid from the employee experience account. C of this Section, shall have his current monthly retirement benefit increased F. The increase provided pursuant to this Section shall begin on July 1, 2021. by the lesser of: * * * (1) Three hundred dollars. §1331.3. 2021 Nonrecurring benefit payment; payment from experience (2) The difference between one thousand four hundred fifty dollars and his account current monthly benefit. A. A nonrecurring lump sum shall be payable to: C.(1) Notwithstanding Subsection B of this Section, if any nonretiree (1) Each retiree of the system, other than a disability retiree, who meets all of beneficiary to whom this Section applies is receiving a monthly benefit amount the following criteria: based upon an optional allowance pursuant to R.S. 11:783(A)(2), which amount (a) The retiree, or the retiree and an alternate payee both combined, receives is less than that received by the retiree while alive, the amount of the monthly a monthly benefit of two thousand five hundred dollars or less. benefit increase that would otherwise be payable pursuant to Subsection B of (b) The retiree has attained at least age sixty by June 30, 2021. this Section shall be prorated based upon the option selected. (c) The retiree has received a benefit for at least one year by June 30, 2021. (2) Notwithstanding Subsection B of this Section, if a survivor to whom (d) The retiree has neither participated in the Deferred Retirement Option Paragraph (A)(3) of this Section applies is the sole survivor receiving a benefit Plan pursuant to R.S. 11:1307 and R.S. 11:1307.1, Back-Deferred Retirement pursuant to R.S. 11:762, he shall have his current monthly retirement benefit Option Plan pursuant to R.S. 11:1312.1, nor Initial Benefit Option. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 23 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. (e) The retiree was hired prior to September 8, 1978, and retired with twenty Highway”. or more creditable years of service pursuant to the provisions of R.S. 11:1307(A) Section 2. The portion of Louisiana Highway 38 from the Tangipahoa River (2)(a), or was hired on or after September 8, 1978, and retired with twenty-five to a mile east of Louisiana Highway 1054, all in Tangipahoa Parish, is hereby or more creditable years of service pursuant to the provisions of R.S. 11:1307(A) designated as the “Deputy R.A. Kent Memorial Highway”. (2)(b). Section 3. The portion of United States Highway 51 between its intersection (2) Each nonretiree beneficiary receiving a benefit who meets all of the with Louisiana Highway 16 near the town of Amite City and a point two and following criteria: one-half miles south of this intersection, all in Tangipahoa Parish, is hereby (a) The nonretiree beneficiary’s benefit is not based upon the death of a designated as the “Deputy Ed Toefield Jr. Memorial Highway”. disability retiree. Section 4. The Department of Transportation and Development is hereby (b) The benefits had been paid to the retiree or the beneficiary, or both directed to erect and maintain appropriate signs of this designation provided combined for at least one year as of June 30, 2021. local or private monies are received by the department equal to the department’s (c) The retiree would have attained age sixty by June 30, 2021. actual costs for material, fabrication, mounting posts, and installation of each (d) The retiree for whose benefit the nonretiree is a beneficiary, otherwise sign, not to exceed the sum of five hundred fifty dollars per sign. meets the criteria set forth in Paragraph (A)(1) of this Section. Approved by the Governor, June 1, 2021. (3) Any person who receives a survivor benefit from the system based upon a A true copy: member’s death in the line of duty as of June 30, 2021. R. Kyle Ardoin (4) Any disability retiree, or a person who receives benefits from the system Secretary of State based on the death of a disability retiree, as of June 30, 2021. ------B. Any benefit increase paid pursuant to the provisions of this Section shall be paid from the funds in the system experience account. ACT No. 40 C. Each person to whom this Section applies shall receive a nonrecurring - - - lump sum payment, payable August 31, 2021, that is the lesser of: SENATE BILL NO. 67 (1) Three dollars for each month of creditable service plus two dollars for each BY SENATOR WARD month of retirement up through June 30, 2021. AN ACT (2) The member’s current monthly benefit. To amend and reenact R.S. 6:969.18(A)(2)(a), relative to the Louisiana D. The actuarial cost of implementing the provisions of this Section shall be Motor Vehicle Sales Finance Act; to increase the maximum allowable paid from the employee experience account. documentation and compliance fee authorized to be collected by a motor Section 2. The cost of this Act shall be funded with monies from the vehicle seller; and to provide for related matters. respective system’s experience account. Any additional cost of this Act shall Be it enacted by the Legislature of Louisiana: be funded with additional employer contributions in compliance with Article Section 1. R.S. 6:969.18(A)(2)(a) is hereby amended and reenacted to read X, Section 29(F) of the Louisiana Constitution. as follows: Section 3. This Act shall become effective upon signature by the governor §969.18. Documentation and compliance fees; notary fees; transfer of equity or on June 30, 2021, whichever is earlier. and other fees; disclosure Approved by the Governor, June 1, 2021. A. A true copy: * * * R. Kyle Ardoin (2)(a) The seller, who may also be an extender of credit, may, in connection Secretary of State with any retail sale, including but not limited to a retail installment ------transaction, charge a fee for credit investigation, compliance with federal and state law, preparation of the documents necessary to perfect or satisfy a ACT No. 38 lien upon the objects sold, and any other functions incidental to the titling of - - - the retail sale. The maximum amount permitted to be charged shall be two SENATE BILL NO. 26 hundred four hundred twenty-five dollars. BY SENATOR HENSGENS AND REPRESENTATIVES BEAULLIEU, * * * BISHOP, BOURRIAQUE, COUSSAN, FARNUM, HODGES, MACK, MAGEE, Approved by the Governor, June 1, 2021. RISER AND THOMPSON A true copy: Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) R. Kyle Ardoin of the Constitution of Louisiana. Secretary of State AN ACT ------To provide relative to state highways; to designate the Forked Island Bridge over the Intracoastal Waterway on Louisiana Highway 82 in Vermilion ACT No. 41 Parish as the “Rose Ashy Broussard Memorial Bridge”; and to provide for - - - related matters. SENATE BILL NO. 78 Be it enacted by the Legislature of Louisiana: BY SENATORS BOUIE, ABRAHAM, BARROW, BERNARD, BOUDREAUX, Section 1. Notwithstanding any other law to the contrary, the Forked Island CARTER, CATHEY, CONNICK, CORTEZ, FESI, FIELDS, HARRIS, HENRY, Bridge over the Intracoastal Waterway on Louisiana Highway 82 in Vermilion HENSGENS, HEWITT, JACKSON, LAMBERT, LUNEAU, MCMATH, Parish is hereby designated as the “Rose Ashy Broussard Memorial Bridge”. MILLIGAN, ROBERT MILLS, MORRIS, PEACOCK, POPE, PRICE, Section 2. The Department of Transportation and Development is hereby REESE, SMITH AND WARD AND REPRESENTATIVES BRASS, ROBBY directed to erect and maintain appropriate signs of this designation provided CARTER, WILFORD CARTER, COX, DUPLESSIS, FREEMAN, FREIBERG, local or private monies are received by the department equal to the department’s GADBERRY, GREEN, HORTON, HUGHES, LYONS, MARCELLE, actual costs for material, fabrication, mounting posts, and installation of each DUSTIN MILLER, MOORE, NEWELL, ROBERT OWEN, PIERRE, RISER, sign, not to exceed the sum of five hundred fifty dollars per sign. SCHAMERHORN, SELDERS, THOMPSON, WILLARD AND WRIGHT Approved by the Governor, June 1, 2021. Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) A true copy: of the Constitution of Louisiana. R. Kyle Ardoin AN ACT Secretary of State To amend and reenact R.S. 47:490.3(A) and (D), relative to military honor ------license plates; to provide for eligibility for members who have been honorably discharged from the Louisiana National Guard; to provide ACT No. 39 relative to renewal of military honor plates; and to provide for related - - - matters. SENATE BILL NO. 37 Be it enacted by the Legislature of Louisiana: BY SENATOR MIZELL AND REPRESENTATIVES ADAMS, ROBBY Section 1. R.S. 47:490.3(A) and (D) are hereby amended and reenacted to CARTER, COX, FRIEMAN, GREEN, WHEAT AND WHITE read as follows: Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) §490.3. Military honor license plates for members of the Louisiana National of the Constitution of Louisiana. Guard AN ACT A. The secretary of the Department of Public Safety and Corrections shall To provide relative to state highways; to designate a portion of Louisiana establish military honor license plates for passenger cars, pickup trucks, Highway 38 in Washington Parish as the “Lance Corporal Larry L. Wells vans, motorcycles, recreational vehicles, and motor homes that may be issued Memorial Highway”; to designate a portion of Louisiana Highway 38 to any active member of the Louisiana National Guard or any member who in Tangipahoa Parish as the “Deputy R.A. Kent Memorial Highway”; to has been honorably discharged from the Louisiana National Guard upon such designate a portion of United States Highway 51 in Tangipahoa Parish as member’s application. The license plate shall bear either the official emblem the “Deputy Ed Toefield Jr. Memorial Highway”; and to provide for related of the guard or the letters “LANG” followed by such numbers as the secretary matters. finds expedient, and he shall establish such rules and regulations as are Be it enacted by the Legislature of Louisiana: necessary. Section 1. The portion of Louisiana Highway 38 from the Tangipahoa Parish * * * line to Louisiana Highway 25 in the community of Clifton, all in Washington D. The adjutant general is authorized to recognize not more than one Parish, is hereby designated as the “Lance Corporal Larry L. Wells Memorial hundred personal staff members, battalion commanders, directors of various THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 24 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. facilities, full colonels and above, and others by designating the issue of twelve months. military honor license plates numbered “1” through “100”. The adjutant D. As used in this Section, the following definitions shall apply unless the general is responsible for furnishing the secretary necessary information to context indicates otherwise: effect issue of the plates. The secretary shall issue replacement plates for (1) “Biomarker” means a characteristic that is objectively measured and those military honor license plates so surrendered. Upon termination of evaluated as an indicator of normal biological processes, pathogenic processes, status as a member of the Louisiana National Guard, a member with less than or pharmacologic responses to a specific therapeutic intervention. Biomarkers twenty years of service shall surrender the military honor plates provided for include but are not limited to gene mutations or protein expression. herein to the secretary. A Any current or former member with twenty years or (2) “Biomarker testing” is the analysis of a patient’s tissue, blood, or fluid more of service in good standing shall continue to have the option to renew biospecimen for the presences of a biomarker. Biomarker testing includes but his military honor plates annually. is not limited to single-analyte tests, multi-plex panel tests, and partial or whole Approved by the Governor, June 1, 2021. genome sequencing. A true copy: Section 2. This Act shall become effective on January 1, 2022, and shall apply R. Kyle Ardoin to any health coverage plan as defined in this Act that is renewed, delivered, Secretary of State or issued for delivery, in this state on or after January 1, 2022. ------Approved by the Governor, June 1, 2021. A true copy: ACT No. 42 R. Kyle Ardoin - - - Secretary of State SENATE BILL NO. 79 ------BY SENATOR WARD AN ACT ACT No. 44 To enact R.S. 40:1504, relative to fire protection districts; to authorize the - - - governing authority of Pointe Coupee Parish to provide, by ordinance, for SENATE BILL NO. 100 the governance of districts created by the parish; and to provide for related BY SENATOR REESE matters. Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) Notice of intention to introduce this Act has been published. of the Constitution of Louisiana. Be it enacted by the Legislature of Louisiana: AN ACT Section 1. R.S. 40:1504 is hereby enacted to read as follows: To amend and reenact R.S. 6:767(F) and 768(D) and (E) and Code of Civil §1504. Fire protection districts within Pointe Coupee Parish; governance Procedure Art. 3434, and to enact R.S. 6:325(E), 767(G), and 768(F), relative The governing authority of Pointe Coupee Parish may provide, by ordinance, to banks, mutual associations, and savings banks; to provide relative to an for the governance of fire protection districts created by the parish. Any such affidavit for small successions; to provide for access and transfer of the ordinance may provide for the creation of one or more supervising boards to contents of a safety deposit box by a bank, mutual association, or savings govern such districts. Any ordinance that creates a supervising board shall bank to a succession representative, heir, or legatee; to provide for access provide for the appointment and compensation of board members. and transfer of money and property by a bank, mutual association, or savings Section 2. This Act shall become effective upon signature by the governor bank to a succession representative, heir, or legatee; to provide liability or, if not signed by the governor, upon expiration of the time for bills to protection for certain entities; to provide certain terms, conditions, and become law without signature by the governor, as provided by Article III, procedures; and to provide for related matters. Section 18 of the Constitution of Louisiana. If vetoed by the governor and Be it enacted by the Legislature of Louisiana: subsequently approved by the legislature, this Act shall become effective on Section 1. R.S. 6:767(F) and 768(D) and (E) are hereby amended and the day following such approval. reenacted, and R.S. 6:325(E), 767(G), and 768(F) are hereby enacted to read as Approved by the Governor, June 1, 2021. follows: A true copy: §325. Death of a customer and access and transfer of contents of safety deposit R. Kyle Ardoin boxes, money, and other property by bank to succession representatives, Secretary of State legatees, or heirs; authority ------* * * E. A small succession affidavit authorized by Title V of Book IV of the ACT No. 43 Louisiana Code of Civil Procedure shall constitute full and sufficient authority - - - for the payment or delivery of any money or property, including property held SENATE BILL NO. 84 in a safety deposit box, of the deceased customer described in the affidavit to BY SENATOR TALBOT the heirs or legatees of the deceased customer and the surviving spouse in Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) community, if any, in the percentages listed therein, by the bank having such of the Constitution of Louisiana. money or property in its possession or under its control. The transfer of the AN ACT money or delivery of property identified in the affidavit to the persons named in To enact R.S. 22:1028.3, relative to health insurance coverage; to require health the affidavit constitutes a full release and discharge for the payment of money or insurance coverage for genetic testing for various cancer mutations; to delivery of property and any creditor, heir, legatee, succession representative, provide for the definition of health coverage plan; to provide for definitions; or other person whatsoever shall have no right or cause of action against the and to provide for related matters. bank paying the money or delivering the property pursuant to the provisions of Be it enacted by the Legislature of Louisiana: this Subsection on account of the payment, delivery, or transfer. Section 1. R.S. 22:1028.3 is hereby enacted to read as follows: * * * §1028.3. Required coverage for genetic testing for cancer §767. Death of member or depositor and access and transfer of money and A. The legislature hereby finds that cancer is a leading cause of death in this property by association to succession representatives, legatees, or heirs; state. Medical advances in genetic testing for various types of cancer including authority but not limited to breast, ovarian, colon, thyroid, prostate, pancreatic, lung, * * * melanoma, sarcoma, kidney, and stomach cancers greatly assist in estimating F. A small succession affidavit authorized by Title V of Book IV of the Louisiana the chance of developing cancer in an individual’s lifetime. Genetic testing can Code of Civil Procedure shall constitute full and sufficient authority for the help predict the risk of a particular cancer and assist in determining if a patient payment or delivery of any money or property, including property held in a safety has genes that may pass increased cancer risks to their children. deposit box, of the deceased customer described in the affidavit to the heirs or B.(1) Any health coverage plan renewed, delivered, or issued for delivery legatees of the deceased customer and the surviving spouse in community, if in this state shall include coverage for genetic or molecular testing for any, in the percentages listed therein, by the association having such money cancer including but not limited to tumor mutation testing, next generation or property in its possession or under its control. The transfer of the money sequencing, hereditary germline mutation testing, pharmacogenomic testing, or delivery of property identified in the affidavit to the persons named in the whole exome and genome sequencing, and biomarker testing. affidavit constitutes a full release and discharge for the payment of money or (2) The coverage provided in this Section may be subject to annual deductibles, delivery of property and any creditor, heir, legatee, succession representative, coinsurance, and copayment provisions as are consistent with those established or other person whatsoever shall have no right or cause of action against under the health coverage plan. The coverage provided under this Section may the association paying the money or delivering the property pursuant to the be subject to applicable evidence-based medical necessity criteria under the provisions of this Subsection on account of the payment, delivery, or transfer. plan. G. Any association may pay to the surviving spouse the value of any savings C. For purposes of this Section, “health coverage plan” means any hospital, or demand account or shares standing in the name of the decedent in such health, or medical expense insurance policy, hospital or medical service association without authorization by any court proceeding, order, or judgment, contract, employee welfare benefit plan, contract, or other agreement with a whether the savings account or shares belong to the separate estate of the health maintenance organization or a preferred provider organization, health decedent or to the community property regime which existed between the and accident insurance policy, or any other insurance contract of this type in decedent and the surviving spouse, subject to the provisions of R.S. 9:1513. this state, including group insurance plan, a self-insurance plan, and the office §768. Transfer of contents of safety deposit boxes by an association to of group benefits programs. “Health coverage plan” shall not include a plan succession representatives, legatees, heirs, minors, or interdicts; authority providing coverage for excepted benefits defined in R.S. 22:1061, limited benefit * * * health insurance plans, and short-term policies that have a term of less than D. A small succession affidavit authorized by Title V of Book IV of the THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 25 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Louisiana Code of Civil Procedure shall constitute full and sufficient authority based on various criteria; and to provide for related matters. for the payment or delivery of any money or property, including property held Be it enacted by the Legislature of Louisiana: in a safety deposit box, of the deceased customer described in the affidavit to Section 1. R.S. 22:1028(A)(2) is hereby amended and reenacted to read as the heirs or legatees of the deceased customer and the surviving spouse in follows: community, if any, in the percentages listed therein, by the association having §1028. Early screening and detection requirements; examination; coverage such money or property in its possession or under its control. The transfer of the A.(1) * * * money or delivery of property identified in the affidavit to the persons named in (2) In this Subsection, “minimum mammography examination” means the affidavit constitutes a full release and discharge for the payment of money or mammographic examinations, including but not limited to digital breast delivery of property and any creditor, heir, legatee, succession representative, tomosynthesis (DBT), performed no less frequently than the following or other person whatsoever shall have no right or cause of action against schedule and criteria of the American Society of Breast Surgeons provides: the association paying the money or delivering the property pursuant to the (a)(i) One Except as provided in this Subparagraph, one baseline mammogram provisions of this Subsection on account of the payment, delivery, or transfer. for any woman who is thirty-five through thirty-nine years of age. E. Upon proper authority, an association may transfer the contents of a safety (ii) For women with a hereditary susceptibility from pathogenic mutation deposit box belonging to an interdict or a minor to the legal representative carrier status or prior chest wall radiation, an annual MRI starting at age of such interdict or minor. The letters issued to the legal representative by a twenty-five and annual mammography (DBT preferred modality) starting at court of competent jurisdiction shall constitute proper authority for making age thirty. Such examinations shall be in accordance with recommendations by the transfer, which when so made and receipted for, shall be full protection National Comprehensive Cancer Network guidelines or the American Society of to the association. Breast Surgeons Position Statement on Screening Mammography no later than E.F. Conclusive proof to the association of the letters testamentary, letters the following policy or plan year following changes in the recommendations. of administration, or letters of independent administration of the succession (iii) Annual mammography (DBT preferred modality) and access to representative, or of the judgment of possession, and of the jurisdiction of the supplemental imaging (MRI preferred modality) starting at age thirty-five upon court rendering them, shall be as provided in R.S. 6:325(D). recommendation by her physician if the woman has a predicted lifetime risk Section 2. Code of Civil Procedure Art. 3434 is hereby amended and greater than twenty percent by any validated model published in peer reviewed reenacted to read as follows: medical literature. Art. 3434. Endorsed copy of affidavit authority for delivery of property (b) One mammogram every twenty-four months Annual mammography (DBT A. A multiple original of the affidavit authorized by Article 3432or 3432.1, preferred modality) for any woman who is forty through forty-nine years of shall be full and sufficient authority for the payment or delivery of any money age, or more frequently if recommended by her physician or older. or property of the deceased described in the affidavit to the heirsor legatees of (i) Consideration given to supplemental imaging (breast ultrasound initial the deceased and the surviving spouse in community, if any, in the percentages preferred modality, followed by MRI if inconclusive), if recommended by her listed therein, by any bank, federally insured depository institution, financial physician, for women with increased breast density (C and D density). institution, trust company, warehouseman, or other depositary, or by any (ii) Access to annual supplemental imaging (MRI preferred modality), if person having such property in his possession or under his control. Similarly, recommended by her physician, for women with a prior history of breast cancer a multiple original of an affidavit satisfying the requirements of this Article below the age of fifty or with a prior history of breast cancer at any age and shall be full and sufficient authority for the transfer to the heirsor legatees of dense breast (C and D density). the deceased, and surviving spouse in community, if any, or to their assigns, (iii) Any coverage provided pursuant to this Subsection may be subject to the of any stock or registered bonds in the name of the deceased and described health coverage plan’s utilization review using guidelines published in peer in the affidavit, by any domestic or foreign corporation. reviewed medical literature consistent with this Section. B. The receipt of the persons named in the affidavit as heirsor legatees of (c) One mammogram every twelve months for any woman who is fifty years the deceased, or surviving spouse in community thereof, constitutes a full of age or older. release and discharge for the payment of money or delivery of property made Section 2. This Act shall apply to any new policy, contract, program, or under the provisions of this Article. Any creditor, heir, legatee, succession health coverage plan issued on and after January 1, 2022. Any policy, contract, representative, or other person whatsoever shall have no right or cause or health coverage plan in effect prior to January 1, 2022, shall convert to of action against the person paying the money, or delivering the property, conform to the provisions of this Act on or before the renewal date, but no or transferring the stock or bonds, under the provisions of this Article, on later than January 1, 2023. account of such payment, delivery, or transfer. Approved by the Governor, June 1, 2021. C.(1) A multiple original of the affidavit, to which has been attached a A true copy: certified copy of the deceased’s death certificate, shall be recorded in the R. Kyle Ardoin conveyance records in the office of the clerk of court in the parish where any Secretary of State immovable property described therein is situated, after at least ninety days ------have elapsed from the date of the deceased’s death. (2) An affidavit so recorded, or a certified copy thereof, shall be admissible ACT No. 46 as evidence in any action involving immovable property to which it relates - - - or is affected by the instrument, and shall be prima facie evidence of the SENATE BILL NO. 169 facts stated therein, including the relationship to the deceased of the parties BY SENATOR ALLAIN recognized as heir, legatee, surviving spouse in community, or usufructuary Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) as the case may be, and of their rights in the immovable property of the of the Constitution of Louisiana. deceased. AN ACT (3) An action by a person, who claims to be a successor of a deceased To amend and reenact R.S. 40:1749.12(7) and (12) through (18), the introductory person, but who has not been recognized as such in an affidavit authorized by paragraph of 1749.14(C)(1), and the introductory paragraph of 1749.17(B) and Article 3432 or 3432.1, to assert an interest in property formerly owned by the to enact R.S. 40:1749.12(19) and 1749.21(C) and (D), relative to the Louisiana deceased, against a third person who has acquired an interest in the property, Underground Utilities and Facilities Damage Prevention Law; to provide for or against his successors by onerous title, is prescribed two years from the definitions, terms, and conditions; to provide for miscellaneous provisions; date of the recording of the affidavit in accordance with this Paragraph. and to provide for related matters. Section 3. 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. 40:1749.12(7) and (12) through (18), the introductory paragraph become law without signature by the governor, as provided by Article III, of 1749.14(C)(1), and the introductory paragraph of 1749.17(B) are hereby Section 18 of the Constitution of Louisiana. If vetoed by the governor and amended and reenacted and R.S. 40:1749.12(19) and 1749.21(C) and (D) are subsequently approved by the legislature, this Act shall become effective on hereby enacted to read as follows: the day following such approval. §1749.12. Definitions Approved by the Governor, June 1, 2021. As used in this Part, the following terms have the meanings ascribed to A true copy: them in this Section: R. Kyle Ardoin * * * Secretary of State (7) “Excavation” or “excavate” means any operation causing movement or ------removal of earth, rock, or other materials in or on the ground or submerged in a marine environment that could reasonably result in damage to underground ACT No. 45 or submerged utilities or facilities by the use of powered or mechanical or - - - manual means, including but not limited to pile driving, digging, blasting, SENATE BILL NO. 119 augering, boring, back filling, dredging, compaction, plowing-in, trenching, BY SENATORS TARVER, BARROW, BERNARD, BOUDREAUX, BOUIE, ditching, tunneling, land-leveling, grading, and mechanical probing. CARTER, CONNICK, FOIL, HEWITT, JACKSON, JOHNS, LUNEAU, “Excavation” or “excavate” shall not include manual probing, normal MILLIGAN, FRED MILLS, ROBERT MILLS, PRICE, SMITH AND TALBOT commercial farming operations, or any activity resulting from force majeure, Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) related occurrences, including but not limited to an act of God, or an act of of the Constitution of Louisiana. nature. AN ACT * * * To amend and reenact R.S. 22:1028(A)(2), relative to health screening for (12) “Normal commercial farming operations” means the following operations breast cancer; to provide criteria for early screening for breast cancer or activities for agriculture cultivation purposes: THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 26 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. (a) Operations or activities that do not encroach upon a private utility or To amend and reenact the introductory paragraph of R.S. 33:4574.5(A) and R.S. pipeline servitude, public right-of-way, or a public franchise area. 33:4574.5(A)(1) and (4), and to enact R.S. 33:4574.5(A)(6) and (7), relative to (b) Operations or activities that do encroach upon a private utility or pipeline the Alexandria/Pineville Area Convention and Visitors Bureau; to provide servitude and the depth of the excavation is less than twelve inches in the soil relative to the board of directors; and to provide for related matters. below the existing surface grade. Notice of intention to introduce this Act has been published. (13) “Operator” means any person who owns or operates a public or private Be it enacted by the Legislature of Louisiana: underground facility or utility which furnishes a service or material or stores, Section 1. The introductory paragraph of R.S. 33:4574.5(A) and R.S. transports, or transmits electric energy, steam, oil, gases, natural gas, gas, 33:4574.5(A)(1) and (4) are hereby amended and reenacted and R.S. 33:4574.5(A) mixture of gases, petroleum, petroleum products, hazardous or flammable (6) and (7) are hereby enacted to read as follows: fluids, toxic or corrosive fluids/gases, including telephone or telegraph §4574.5. Alexandria/Pineville Area Convention and Visitors Bureau system, fiber optic electronic communication systems, or water or water A. The Alexandria/Pineville Area Convention and Visitors Bureau shall be systems, or drainage, sewer systems, or traffic control systems or other items composed of seven nine members appointed as follows: of like nature. (1) Two One members appointed by the Greater Alexandria-Pineville (13)(14) “Person” means an individual, firm, partnership, association, limited Central Louisiana Regional Chamber of Commerce. liability company, corporation, joint venture, municipality, governmental * * * agency, political subdivision, or agent of the state or any legal representative (4) One Two members appointed by the governing authority of Rapides thereof. Parish who shall be a representative of the Coliseum Management. (14)(15) “Pipeline” means all intrastate and interstate pipeline facilities * * * defined by 49 CFR 192.3 and 49 CFR 195.2. (6) One member appointed by the mayor of Alexandria. (15)(16) “Regional notification center” means any one of the following: (7) One member appointed by the mayor of Pineville. (a) An entity designated as nonprofit by the Internal Revenue Service under * * * Section 501(c) of the Internal Revenue Code and which is organized to protect Approved by the Governor, June 1, 2021. its members from damage and is certified by the Department of Public Safety A true copy: and Corrections in accordance with this Part. R. Kyle Ardoin (b) An organization of operators, consisting of two or more separate Secretary of State operators who jointly have underground utilities or facilities in three or ------more parishes in Louisiana, which is organized to protect its own installation from damage and has been certified by the Department of Public Safety and ACT No. 48 Corrections in accordance with this Part. - - - (c) An operator who has underground utilities or facilities in a majority of SENATE BILL NO. 182 parishes in Louisiana and is organized to protect its own installation from BY SENATOR WHITE damage, and has been certified by the Department of Public Safety and Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) Corrections in accordance with this Part. of the Constitution of Louisiana. (16)(17) “Service line or lines” means underground facilities or utilities AN ACT which provide power, gas, natural gas, communication, or water capabilities To amend and reenact R.S. 37:2163(B), relative to public bids procedures; to to a building or structure or buildings or group of structures. provide regarding access to forms and specifications; and to provide for (17)(18) “Underground facility or utility” means any pipe, conduit, duct, wire, related matters. cable, valve, line, fiber optic equipment, or other structure which is buried Be it enacted by the Legislature of Louisiana: or placed below ground or submerged for use in connection with storage, Section 1. R.S. 37:2163(B) is hereby amended and reenacted to read as conveyance, transmission, or protection of electronics communication system, follows: telephone or telegraph system, or fiber optic, electric energy, oil, natural gas, §2163. Bid procedures; penalty gas, gases, steam, mixture of gases, petroleum, petroleum products, hazardous * * * or flammable fluids/gases, toxic or corrosive fluids/gases, hazardous fluids/ B. Where bids are to be received or forms furnished by the awarding gases, or other substances of like nature or water or water systems, sewer authority, no proposal forms or specifications shall be issued to anyone systems or traffic, drainage control systems, or other items of like nature. except a licensed contractor who holds an active license or his authorized (18)(19) “Wildfire” means an uncontrolled combustion of natural vegetation. representatives. In no event shall proposal forms be issued later than twenty- * * * four hours prior to the hour and date set for receiving proposals. §1749.14. Regional notification center * * * * * * Approved by the Governor, June 1, 2021. C.(1) Each operator of an underground facility or utility, after having received A true copy: the notification request from the regional notification center of an intent R. Kyle Ardoin to excavate or an intent to conduct normal commercial farming operations, Secretary of State shall supply, prior to the proposed excavation or normal commercial farming ------operation, the following information to the person responsible for the excavation or normal commercial farming operation: ACT No. 49 * * * - - - §1749.17. Excavation or demolition; repair of damage SENATE BILL NO. 184 * * * BY SENATOR HEWITT B. Each person responsible for an excavation or demolition operation AN ACT or normal commercial farming operation which results in damage to an To amend and reenact R.S. 46:1098.5(B)(6) and (C), 1098.6(B)(1)(a), and 1098.7(21) underground facility or utility permitting the escape of any flammable, toxic, and (23), relative to the St. Tammany Parish Hospital Service District No. 2; or corrosive fluids/gases shall, immediately upon discovery of that damage: to provide for the appointment of members to the nominating committee * * * for the board of commissioners; to provide relative to terms of the board of §1749.21. Miscellaneous provisions commissioners; to provide relative to meetings; and to provide for related * * * matters. C. Any owner or operator of a natural gas pipeline that is inactive, has a Notice of intention to introduce this Act has been published. diameter of a minimum of fifteen inches and a maximum of seventeen inches, Be it enacted by the Legislature of Louisiana: and is located in a parish with a population between forty-five thousand and Section 1. R.S. 46:1098.5(B)(6) and (C), 1098.6(B)(1)(a), and 1098.7(21) and (23) seventy-five thousand shall maintain the minimum amount of ground cover as are hereby amended and reenacted to read as follows: provided by 49 CFR Part 192. If the minimum amount of ground cover has not §1098.5. Appointing authority been maintained then the owner or operator of the natural gas pipeline shall, at * * * his own expense, restore the minimum amount of cover over the pipeline prior B. The appointing authority shall be composed of seven members as follows: to the pipeline being reactivated. * * * D. The provisions of Subsection C of this Section shall become null and void (6) Two appointees of the The state senator and the state representative in on June 30, 2023. whose district Slidell Memorial Hospital resides, or their designees. Approved by the Governor, June 1, 2021. C. The state senator shall be responsible for ensuring the proper appointment A true copy: of all members of the nominating committee appointing authority pursuant R. Kyle Ardoin to this Section, calling and providing proper notice of all meetings of the Secretary of State nominating committee appointing authority, and maintaining all appropriate ------documentation of the nominating committee appointing authority. The nominating committee shall select annually a chairman to conduct meetings ACT No. 47 of the committee. The state senator shall serve as the chairperson of the - - - appointing authority. SENATE BILL NO. 174 * * * BY SENATORS LUNEAU AND MORRIS §1098.6. Qualifications of board of commissioners AN ACT * * * THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 27 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. B.(1) * * * because the participating provider obtains physician-administered drugs from (a) No member of the board, whether appointed by recommendation of a pharmacy that is not a participating provider in the health insurance issuer’s the nominating committee or the medical staff, shall serve more than three network. The drug supplied shall meet the supply chain security controls and consecutive terms. One term shall consist of four years, with the exception of chain of distribution set by the federal Drug Supply Chain Security Act, Pub. Subparagraphs (b) and (c) of this Paragraph. L. 113-54, as amended. The payment shall be at the rate set forth in the health * * * insurance issuer’s agreement with the participating provider applicable to such §1098.7. Rights, powers, and duties of board of commissioners drugs, or if no such rate is included in the agreement, then at the wholesale The district acting by and through its board shall have and exercise all acquisition cost. A health insurance issuer, pharmacy benefit manager, or rights, powers, and duties for the carrying out of its objects and purposes their agent, shall not require a covered person to pay an additional fee, or any including but not limited to the following: other increased cost-sharing amount in addition to applicable cost-sharing * * * amounts payable by the covered person as designated within the benefit plan (21) Notwithstanding any other provisions of law to the contrary, to annually to obtain the physician-administered drug when provided by a participating appoint, if desired, a former member of the board to serve as a nonvoting provider. However, nothing in this Subpart shall prohibit a health insurance “Commissioner Emeritus” to advise and provide historical perspective to the issuer or its agent from establishing differing copayments or other cost-sharing board when requested by the chairman. Such person shall be paid a per diem amounts within the benefit plan for covered persons who acquire physician- equal to that paid to other board members for attendance at the meeting administered drugs from other providers. Nothing in this Subpart shall prohibit together with reasonable expenses to attend any event attended by the board a health insurance issuer or its agent from refusing to authorize or approve, or of commissioners. The “Commissioner Emeritus” may not serve longer than from denying coverage of a physician-administered drug based upon failure to one year. satisfy medical necessity criteria. For purposes of this Section, the location of * * * receiving the physician-administered drug shall not be included in the medical (23) To hold regular meetings at least monthly and as often as necessary necessity criteria. for the conduct of its business. Special meetings may be called upon with at (2) Nothing in this Section shall prohibit a health insurance issuer from least forty-eight hour notice by the chairperson, or in his absence, by the vice establishing specialty care centers of excellence based on nationally established, chairperson, or upon the written authorization of a majority of the members objective quality measures, to be utilized by covered persons focused on specific of the board. Emergency meetings, providing notice of at least twenty-four drugs or types of drugs to impact the safety, quality, affordability, and expertise hours, may be called by the chairperson, or in his absence, by the vice of treatment. chairperson, or by any three members of the board. B. The commission of any act prohibited by this Part shall be considered an * * * unfair method of competition and unfair practice or act which shall subject Approved by the Governor, June 1, 2021. the violator to any and all actions, including investigative demands, private A true copy: actions, remedies, and penalties, provided for in the Unfair Trade Practices and R. Kyle Ardoin Consumer Protection Law. Secretary of State C. Any provision of a contract that is contrary to any provision of this Part ------shall be null, void, and unenforceable in this state. Section 2. This Act shall become effective upon signature by the governor ACT No. 50 or, if not signed by the governor, upon expiration of the time for bills to - - - become law without signature by the governor, as provided by Article III, SENATE BILL NO. 191 Section 18 of the Constitution of Louisiana. If vetoed by the governor and BY SENATORS CLOUD, BARROW, BERNARD, BOUDREAUX, CONNICK, subsequently approved by the legislature, this Act shall become effective on CORTEZ, FIELDS, FOIL, HENSGENS, JACKSON, LAMBERT, MCMATH, the day following such approval. MILLIGAN, FRED MILLS, ROBERT MILLS, PEACOCK, PETERSON, Approved by the Governor, June 1, 2021. PRICE, SMITH, TALBOT AND WHITE AND REPRESENTATIVES A true copy: BROWN, BUTLER, CARRIER, WILFORD CARTER, DESHOTEL, R. Kyle Ardoin EDMONDS, HARRIS, HORTON, MIKE JOHNSON, STAGNI, THOMPSON, Secretary of State WILLARD AND WRIGHT ------Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. ACT No. 51 AN ACT - - - To enact Subpart A-3 of Part III of Chapter 4 of Title 22 of the Louisiana SENATE BILL NO. 193 Revised Statutes of 1950, comprised of R.S. 22:1020.51 through 1020.53, BY SENATOR MORRIS relative to provider-administered drugs; to provide for legislative intent; Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) to provide for definitions; to provide for access; to provide for payment to of the Constitution of Louisiana. participating health care providers; to provide with respect to penalties; AN ACT and to provide for related matters. To amend and reenact R.S. 33:2492(1)(b), 2496(1)(a) and (2), and 2556(1)(a) and Be it enacted by the Legislature of Louisiana: (2), relative to entrance firefighter and police officer classes; to provide for Section 1. Subpart A-3 of Part III of Chapter 4 of Title 22 of the Louisiana testing notice requirements; to provide for provisional appointments; and Revised Statutes of 1950, comprised of R.S. 22:1020.51 through 1020.53, is to provide for related matters. hereby enacted to read as follows: Be it enacted by the Legislature of Louisiana: SUBPART A-3. PROTECTING PATIENT ACCESS TO Section 1. R.S. 33:2492(1)(b), 2496(1)(a) and (2), and 2556(1)(a) and (2) are PHYSICIAN-ADMINISTERED MEDICATIONS hereby amended and reenacted to read as follows: §1020.51. Purpose and intent §2492. Tests The purpose and intent of this Part is to ensure patient access to physician- Tests to determine the eligibility of applicants for entry upon the administered drugs and related services furnished to persons covered under a promotional and competitive employment lists shall be provided, as follows: health insurance contract. This Part shall ensure that health insurance issuers (1)(a) * * * do not interfere with patients’ freedom of choice with respect to providers (b) In addition to the posted notice, public notice for all tests to be given on furnishing physician-administered drugs and ensure that patients receive safe a competitive basis shall be published during the ten-day period on the state and effective drug therapies. examiner’s website and the municipality’s website, if available, the website of §1020.52. Definitions the municipality during the ten-day period in which such tests are to be held. For purposes of this Part, the following words shall have the following This notice of examination need not reveal the exact date on which tests shall meanings: be administered, but all applicants shall be advised of the date, place, and (1) “Covered person” shall have the same meaning as provided in R.S. 22:1019.1. time to report for an announced test at least five days in advance thereof in (2) “Health insurance issuer” shall have the same meaning as provided in R.S. any manner the board may prescribe. 22:1019.1. * * * (3) “Participating provider” shall have the same meaning as provided in R.S. §2496. Temporary appointments 22:1019.1. For purposes of this Subpart, “participating provider” shall include Temporary appointments may be made to positions in the classified service any clinic, hospital outpatient department, or pharmacy under the common without the appointees acquiring any permanent status therein, as follows: ownership or control of the participating provider. (1)(a)(i) When Except for a vacancy in the classes of entrance firefighter or (4) “Physician-administered drug” means any prescription drug, as defined in entrance police officer, when a vacancy is to be filled in a position of a class R.S. 22:1060.1, other than a vaccine, that requires administration by a provider for which the board is unable to certify names of persons eligible for regular and is not approved as a self-administered drug. and permanent, or substitute, appointment, the appointing authority may §1020.53. Physician-administered drugs; access; payment make a provisional appointment of any person whom he deems considered A.(1) A health insurance issuer, pharmacy benefit manager, or their agent qualified. Whenever practicable, the appointment should be made by shall not refuse to authorize, approve, or pay a participating provider for the provisional promotion of an employee of a lower class. A provisional providing covered physician-administered drugs and related services to appointment shall not continue for more than three months. No position in covered persons. A health insurance issuer shall not condition, deny, restrict, the classified service shall be filled by one or more provisional appointments refuse to authorize or approve, or reduce payment to a participating provider for for a period in excess of three consecutive months and successive like periods a physician-administered drug when all criteria for medical necessity are met, shall not be permissible. The board may, however, authorize the renewal of THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 28 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. such appointment, or authorize such successive appointments for a period time beyond that for which the regular and permanent incumbent is away on not to exceed three additional months whenever it has been impracticable an authorized leave. Whenever such appointment shall continue for not more or impossible to establish a list of persons eligible for certification and than thirty days, the appointing authority may appoint thereto any one whom appointment to the vacancy. Except as provided in Subparagraph (b) of this he deems considered qualified. Substitute appointments made for a period Paragraph, any provisional appointment, if not terminated sooner, shall exceeding thirty days shall be made in the same manner as provided in R.S. terminate upon the regular filling of the vacancy in any manner authorized 33:2554 for the filling of a vacancy by a regular and permanent appointment. under this Part and, in any event, within fifteen days after a certification Any person employed on a substitute basis shall, for the duration of the from which a regular, or substitute, appointment, as the case may be, can be temporary employment, enjoy the class title and be entitled to receive the made under the provisions of this Part. A provisional appointment shall be rate of pay for the class and position in which he is employed. The appointing reported to the board within fifteen days following the appointment. authority shall notify the board within fifteen days following any substitute (ii) Any provisional appointment made to a position of the competitive appointment made for a period to exceed thirty days, the name of the classes, as provided for by R.S. 33:2492(7), shall be terminated upon the regular appointee, the class of position filled, the period for which the appointment filling of the vacancy in any manner authorized under this Part and, in any was made, and shall attach to the notification a signed copy of the leave of event, within sixty days after certification from which a regular or substitute absence granted the employee for whom the appointee is substituting. appointment, as the case may be, can be made under the provisions of this * * * Part. A provisional appointment shall be reported to the board within fifteen Approved by the Governor, June 1, 2021. days following the appointment. A true copy: (iii) When a vacancy is to be filled in the classes of entrance firefighter or R. Kyle Ardoin entrance police officer, the appointing authority may make a provisional Secretary of State appointment of any person considered qualified. A provisional appointment ------shall not exceed sixty days. Successive appointments in the classes of entrance firefighter and entrance police officer shall be prohibited. ACT No. 52 * * * - - - (2) A substitute appointment may be made to any position in the classified SENATE BILL NO. 5 service (1) from which the regular and permanent employee is away on BY SENATOR FOIL an authorized leave of absence, or (2) from which the regular employee is AN ACT substituting for some other regular employee who is authorized to be away To amend and reenact R.S. 17:3100.5(A)(1) and R.S. 47:297.11 and to enact R.S. from his respective position. No position shall be filled by a substitute 47:293(9)(a)(xx), 297.10(C), and 297.12(C), relative to the Louisiana Student appointee for a time beyond that for which the regular and permanent Tuition Assistance and Revenue Trust Kindergarten Through Grade Twelve incumbent is away on an authorized leave. Whenever such appointment Program; to provide relative to education savings accounts; to provide shall continue for not more than thirty days, the appointing authority may certain definitions; to provide relative to earnings enhancements; to provide appoint thereto any one whom he deems considered qualified. Substitute for applicability; to provide for an effective date; and to provide for related appointments made for a period exceeding thirty days shall be made in matters. the same manner as provided in R.S. 33:2494 for the filling of a vacancy by a Be it enacted by the Legislature of Louisiana: regular and permanent appointment. Any person employed on a substitute Section 1. R.S. 17:3100.5(A)(1) is hereby amended and reenacted to read as basis shall, for the duration of the temporary employment, enjoy the class follows: title and be entitled and receive the rate of pay for the class and position in §3100.5. Education savings accounts; types, use, limitations, and disclosures which he is employed. The appointing authority shall notify the board within A.(1)(a) The authority may enter into an account owner’s agreement with fifteen days following any substitute appointment made for a period to exceed any person who qualifies pursuant to R.S. 17:3100.6(A) for the creation of thirty days, the name of the appointee, the class of position filled, the period an education savings account on behalf of a beneficiary. When the number for which the appointment was made and attach to the notification a signed of available agreements is limited, preference shall be given to the copy of the leave of absence granted the employee for whom the appointee is establishment of account owner agreements with resident account owners substituting. who are establishing accounts for resident beneficiaries. * * * (b) For tax years beginning on and after January 1, 2022, amounts that an §2556. Temporary appointments account owner deposits into an education savings account shall be exempt Temporary appointments may be made to positions in the classified service from inclusion in the account owner’s taxable income for the purposes of state without the appointees acquiring any permanent status therein, as follows: individual income tax up to a maximum of one thousand two hundred dollars (1)(a)(i) When Except for a vacancy in the classes of entrance firefighter or per beneficiary per taxable year for account owners filing single returns and up entrance police officer, when a vacancy is to be filled in a position of a class for to a maximum of two thousand four hundred dollars per beneficiary per taxable which the board is unable to certify names of persons eligible for regular and year for account owners filing joint returns, as provided in R.S. 47:293(9)(a) permanent or substitute appointment, the appointing authority may make a (xx). If an account owner deposits less than the maximum one thousand two provisional appointment of any person whom it deems considered qualified. hundred dollars per year in an owned account and files a single return or if When practicable, the appointment shall be made by the provisional promotion married account owners deposit less than the maximum of two thousand four of any employee of a lower class. A provisional appointment shall not continue hundred dollars per year in an account or accounts for a beneficiary and file a for more than three months. No position in the classified service shall be joint return, the difference between the total deposits and one thousand two filled by one or more provisional appointments for a period in excess of three hundred dollars or two thousand four hundred dollars, respectively, shall roll consecutive months and successive like periods shall not be permissible. The over to subsequent years and shall be exempt from inclusion in the account board may, however, authorize the renewal of such appointment, or authorize owner’s taxable income for the purposes of state income tax in addition to the such successive appointments for a period not to exceed three additional one thousand two hundred dollars or two thousand four hundred dollars in the months whenever it has been impracticable or impossible to establish a list year actually deposited, as provided in R.S. 47:293(9)(a)(xx). of persons eligible for certification and appointment to a vacancy. Except as (c) The deduction provided for in Subparagraph (b) of this Paragraph shall not provided in Item (ii) of this Subparagraph, any provisional appointment, if be allowed for any deposits that are withdrawn within the same taxable year as not terminated sooner, shall terminate upon the regular filling of the vacancy the deposit. in any manner authorized under this Part and, in any event, within fifteen * * * days after a certification from which a regular or substitute appointment, as Section 2. R.S. 47:297.11 is hereby amended and reenacted and R.S. 47:293(9) the case may be, can be made under the provisions of this Part. A provisional (a)(xx), 297.10(C), and 297.12(C) are hereby enacted to read as follows: appointment shall be reported to the board within fifteen days following the §293. Definitions appointment. The following definitions shall apply throughout this Part, unless the (ii) Any provisional appointment made to a position of the competitive context requires otherwise: classes, as provided for by R.S. 33:2552(7), shall be terminated upon the regular * * * filling of the vacancy in any manner authorized under this Part and, in any (9)(a) “Tax table income”, for resident individuals, means adjusted gross event, within sixty days after certification from which a regular or substitute income plus interest on obligations of a state or political subdivision thereof, appointment, as the case may be, can be made under the provisions of this other than Louisiana and its municipalities, title to which obligations vested Part. A provisional appointment shall be reported to the board within fifteen with the resident individual on or subsequent to January 1, 1980, and less: days following the appointment. * * * (iii) When a vacancy is to be filled in the classes of entrance firefighter or (xx) For tax years beginning on and after January 1, 2022, the amount deposited entrance police officer, the appointing authority may make a provisional in an education savings account as provided in R.S. 17:3100.5(A)(1)(b) and any appointment of any person considered qualified. A provisional appointment interest accrued thereon; however, any deposit plus interest withdrawn from an shall not exceed sixty days. Successive appointments in the classes of entrance education savings account for purposes other than paying qualified education firefighter and entrance police officer shall be prohibited. expenses, as defined in R.S. 17:3100.2, shall be included in tax table income. * * * * * * (2) A substitute appointment may be made to any position in the classified §297.10. Tax deduction; elementary and secondary school tuition service (1) from which the regular and permanent employee is away on * * * an authorized leave of absence, or (2) from which the regular employee is C. Disbursements from the Louisiana Student Tuition Assistance and substituting for some other regular employee who is authorized to be away Revenue Trust Kindergarten Through Grade Twelve Program that are entitled from his position. No position shall be filled by a substitute appointee for a to the deduction under R.S. 17:3100.5 and that are used to pay tuition and fees for THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 29 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. a student’s enrollment in a nonpublic elementary or secondary school or to any (3) “Utilities” means steam, water, electric power or energy, natural gas, or public elementary or secondary laboratory school operated by a public college energy sources as provided for in R.S. 47:305(D)(1)(b), (c), (d), (g), and (h). or university shall not be eligible for the deduction authorized pursuant to this C. The secretary of the Department of Revenue may promulgate rules and Section. regulations necessary to implement the provisions of this Section. §297.11. Tax deduction; educational expenses for home-schooled children * * * A. There shall be allowed a deduction from tax table income for educational §321. Imposition of tax expenses paid during the taxable year by a taxpayer for home-schooling of * * * a child, if the child qualifies as a dependency exemption on the taxpayer’s P. Notwithstanding any other provision of law to the contrary, including but Louisiana income tax return. The deduction authorized by this Section not limited to any contrary provisions of this Chapter, beginning July 1, 2018, shall be equal to fifty percent of the actual amount of qualified educational through June 30, 2025, there shall be no exemptions and no exclusions to the expenses paid by the taxpayer for the home-schooling of each child, but no tax levied pursuant to the provisions of this Section, except for the retail more than five thousand dollars of deduction per child may be allowed to sale, use, consumption, distribution, or storage for use or consumption of the one or more taxpayers if the child qualifies as a dependency exemption on following: the taxpayer’s Louisiana income tax return for either the taxable year or * * * the prior taxable year. For purposes of this Section, qualified educational (115) Sales of utilities used by commercial farmers for on-farm storage as expenses shall include amounts expended for the purchase of textbooks provided in R.S. 47:305.4. and curricula necessary for home-schooling of each child. The amount of * * * the deduction authorized by this Section shall not exceed the total taxable §321.1. Imposition of tax income of the individual. * * * B. Disbursements from the Louisiana Student Tuition Assistance and Revenue I. Notwithstanding any other provision of law to the contrary, including but Trust Kindergarten Through Grade Twelve Program that are entitled to the not limited to any contrary provisions of this Chapter, beginning July 1, 2018, deduction under R.S. 17:3100.5 and that are used to pay tuition and fees for a through June 30, 2025, there shall be no exemptions and no exclusions to the student’s enrollment in a nonpublic elementary or secondary school or to any tax levied pursuant to the provisions of this Section, except for the retail public elementary or secondary laboratory school operated by a public college sale, use, consumption, distribution, or storage for use or consumption of the or university shall not be eligible for the deduction authorized pursuant to this following: Section. * * * §297.12. Tax deduction; fees and other educational expenses for a quality (115) Sales of utilities used by commercial farmers for on-farm storage as public education provided in R.S. 47:305.4. * * * * * * C. Disbursements from the Louisiana Student Tuition Assistance and §331. Imposition of tax Revenue Trust Kindergarten Through Grade Twelve Program that are entitled * * * to the deduction under R.S. 17:3100.5 and that are used to pay costs associated V. Notwithstanding any other provision of law to the contrary, including with a student’s enrollment in a public elementary or secondary school in order but not limited to any contrary provisions of this Chapter, beginning July 1, to ensure a quality education shall not be eligible for the deduction authorized 2018, through June 30, 2025, there shall be no exemptions and no exclusions to pursuant to this Section. the tax levied pursuant to the provisions of this Section, except for the retail Section 3. The provisions of this Act shall be applicable to tax years sale, use, consumption, distribution, or storage for use or consumption of the beginning on and after January 1, 2022. following: Section 4. This Act shall become effective on January 1, 2022. * * * Approved by the Governor, June 4, 2021. (115) Sales of utilities used by commercial farmers for on-farm storage as A true copy: provided in R.S. 47:305.4. R. Kyle Ardoin * * * Secretary of State Section 2. This Act shall become effective upon signature by the governor ------or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, ACT No. 53 Section 18 of the Constitution of Louisiana. If vetoed by the governor and - - - subsequently approved by the legislature, this Act shall become effective on SENATE BILL NO. 6 the day following such approval. BY SENATOR CATHEY AND REPRESENTATIVES BOURRIAQUE, Approved by the Governor, June 4, 2021. BRYANT, ROBBY CARTER, COX, DESHOTEL, DEVILLIER, ECHOLS, A true copy: EDMONDS, EMERSON, FREIBERG, GADBERRY, HARRIS, LACOMBE, R. Kyle Ardoin MIGUEZ, RISER, SCHEXNAYDER, STEFANSKI, THOMPSON, TURNER Secretary of State AND WHITE ------AN ACT To enact R.S. 47:302(BB)(114), 305.4, 321(P)(115), 321.1(I)(115), and 331(V)(115), ACT No. 54 relative to tax exemptions; to provide an exemption from state sales and - - - use tax for utilities used by commercial farmers for on-farm storage; to SENATE BILL NO. 11 authorize the secretary of the Department of Revenue to promulgate rules; BY SENATOR TALBOT to provide for effectiveness; and to provide for related matters. AN ACT Be it enacted by the Legislature of Louisiana: To amend and reenact R.S. 47:293(10) and to enact R.S. 47:287.738(H), 293(9) Section 1. R.S. 47:302(BB)(114), 305.4, 321(P)(115), 321.1(I)(115), and 331(V)(115) (a)(xx), and 297.16, relative to income tax exemptions; to provide for an are hereby enacted to read as follows: individual and corporation income tax exemption for certain state and §302. Imposition of tax federal COVID-19 relief benefits; and to provide for related matters. * * * Be it enacted by the Legislature of Louisiana: BB. Notwithstanding any other provision of law to the contrary, including Section 1. R.S. 47:293(10) is hereby amended and reenacted and R.S. but not limited to any contrary provisions of this Chapter, beginning July 1, 47:287.738(H), 293(9)(a)(xx), and 297.16 are hereby enacted to read as follows: 2018, through June 30, 2025, there shall be no exemptions and no exclusions to §287.738. Other inclusions and exclusions from gross income the tax levied pursuant to the provisions of this Section, except for the retail * * * sale, use, consumption, distribution, or storage for use or consumption of the H. Exemption for COVID-19 relief benefits. Any gratuitous grant, loan, rebate, following: tax credit, advance refund, or other qualified disaster relief benefit directly or * * * indirectly provided to a corporation by the state or federal government as a (114) Sales of utilities used by commercial farmers for on-farm storage as COVID-19 relief benefit as defined in R.S. 47:297.16 shall be exempt if the benefit provided in R.S. 47:305.4. was included in the corporation’s federal gross income. * * * * * * §305.4. Exclusions and Exemptions; utilities used by commercial farmers for §293. Definitions on-farm storage The following definitions shall apply throughout this Part, unless the A. Beginning October 1, 2021, the sales and use tax imposed by the state of context requires otherwise: Louisiana shall not apply to the sale or use of utilities used by commercial * * * farmers for on-farm storage. (9)(a) “Tax table income”, for resident individuals, means adjusted gross B. For purposes of this Section: income plus interest on obligations of a state or political subdivision thereof, (1)”Commercial farmer” shall have the same meaning as defined in R.S. other than Louisiana and its municipalities, title to which obligations vested 47:301(30). with the resident individual on or subsequent to January 1, 1980, and less: (2) “On-farm storage” means facilities or containers located in Louisiana * * * that are separately metered for utilities and that contain raw agricultural (xx) Any gratuitous grant, loan, rebate, tax credit, advance refund, or other commodities, including but not limited to feed, seed, and fertilizer, to be utilized qualified disaster relief benefit directly or indirectly provided to a taxpayer by in preparing, finishing, manufacturing, or producing crops or animals prior to the state or federal government as a COVID-19 relief benefit as defined in R.S. the first point of sale. 47:297.16 if the benefit was included in the taxpayer’s federal adjusted gross THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 30 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. income. which any of his dependents shall then be entitled shall be the same as those * * * to which he and/or his dependents or beneficiaries were entitled prior to and (10) “Tax table income”, for nonresident individuals, means the amount of at the time of such employment. Louisiana income, as provided in this Part, allocated and apportioned under B. Notwithstanding the provisions of R.S. 11:149(A), whenever a retiree the provisions of R.S. 47:241 through 247, plus the total amount of the personal returns to employment with the Department of Public Safety and Corrections exemptions and deductions already included in the tax tables promulgated in any capacity other than as a sworn, commissioned law enforcement officer by the secretary under authority of R.S. 47:295, less the proportionate of the state police, that would not render him eligible for membership in the amount of the federal income tax liability, excess federal itemized personal system, his employment shall, if otherwise applicable, be governed, with deductions, the temporary teacher deduction, the recreation volunteer and respect to retirement, by the laws governing the Louisiana State Employees’ volunteer firefighter deduction, the construction code retrofitting deduction, Retirement System. any gratuitous grant, loan, or other benefit directly or indirectly provided Section 2. The cost of this Act shall be funded with additional employer to a taxpayer by a hurricane recovery entity if such benefit was included in contributions in compliance with Article X, Section 29(F) of the Louisiana federal adjusted gross income, any gratuitous grant, loan, rebate, tax credit, Constitution. advance refund, or other qualified disaster relief benefit directly or indirectly Section 3. The provisions of this Act shall be considered remedial and provided to a taxpayer by the state or federal government as a COVID-19 relief interpretive and shall be applied retroactively and prospectively. benefit as defined in R.S. 47:297.16 if the benefit was included in the taxpayer’s Section 4. This Act shall become effective upon signature by the governor federal adjusted gross income, the exclusion provided for in R.S. 47:297.3 for S or, if not signed by the governor, upon expiration of the time for bills to Bank shareholders, the deduction for expenses disallowed by 26 U.S.C. 280C, become law without signature by the governor, as provided by Article III, salaries, wages or other compensation received for disaster or emergency- Section 18 of the Constitution of Louisiana. If vetoed by the governor and related work rendered during a declared state disaster or emergency, the subsequently approved by the legislature, this Act shall become effective on deduction for net capital gains, the pass-through entity exclusion provided the day following such approval. in R.S. 47:297.14, and personal exemptions and deductions provided for in Approved by the Governor, June 4, 2021. R.S. 47:294. The proportionate amount is to be determined by the ratio of A true copy: Louisiana income to federal adjusted gross income. When federal adjusted R. Kyle Ardoin gross income is less than Louisiana income, the ratio shall be one hundred Secretary of State percent. ------* * * §297.16. Tax exemption; COVID-19 relief benefit ACT No. 56 A. A COVID-19 relief benefit shall be exempt from the provisions of this Part - - - if the benefit was included in the taxpayer’s federal adjusted gross income. SENATE BILL NO. 23 B. “COVID-19 relief benefit” means any gratuitous grant, loan, rebate, tax BY SENATORS FESI, ABRAHAM, BARROW, BERNARD, BOUIE, CATHEY, credit, advance refund, or other qualified disaster relief benefit directly or CLOUD, CONNICK, FIELDS, FOIL, HARRIS, HENRY, HENSGENS, indirectly provided to a taxpayer by the state or federal government including HEWITT, JACKSON, JOHNS, LAMBERT, LUNEAU, MCMATH, MILLIGAN, but not limited to benefits provided pursuant to the Coronavirus Aid, Relief, FRED MILLS, ROBERT MILLS, MIZELL, MORRIS, PEACOCK, POPE, and Economic Security Act, the Taxpayer Certainty and Disaster Relief Act, PRICE, REESE, SMITH, TALBOT AND WHITE AND REPRESENTATIVES the COVID-Related Tax Relief Act, the Consolidated Appropriations Act of ADAMS, BEAULLIEU, FIRMENT, HARRIS, ILLG, JEFFERSON, NELSON 2021, the State Coronavirus Relief Program, the Coronavirus Local Recovery AND TARVER Allocation Program, the Louisiana Main Street Recovery Program, the Critical Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) Infrastructure Worker’s Hazard Pay Rebate, and pursuant to any other existing of the Constitution of Louisiana. or subsequent state or federal COVID-19 relief legislation. A COVID-19 relief AN ACT benefit shall not include any unemployment compensation benefits provided to To amend and reenact R.S. 42:851(E)(2) and (P) and R.S. 11:1316(B)(2) and (E) a taxpayer. and 1345.8(B)(2) and (D), relative to the State Police Retirement System; to Section 2. The provisions of this Act shall be retroactively and prospectively provide relative to continuing health care coverage for a surviving spouse applied and shall apply to any gratuitous grant, loan, rebate, tax credit, and child; to provide with respect to health care premium subsidy; to advance refund, or other qualified disaster relief benefit directly or indirectly provide limitations; to provide relative to survivors of members killed in provided to a taxpayer by the state or federal government as a COVID-19 the line of duty; to provide with respect to survivors’ benefits for members relief benefit. killed in the line of duty by an intentional act of violence; to provide for an Section 3. This Act shall become effective upon signature by the governor effective date; and to provide for related matters. or, if not signed by the governor, upon expiration of the time for bills to Notice of intention to introduce this Act has been published. 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. 42:851(E)(2) and (P) are hereby amended and reacted to read subsequently approved by the legislature, this Act shall become effective on as follows: the day following such approval. §851. Authority for employee benefit programs; payroll deduction for Approved by the Governor, June 4, 2021. payment of premiums A true copy: * * * R. Kyle Ardoin E. Secretary of State * * * ------(2) The Office of Group Benefits shall promulgate all rules necessary to carry out the provisions of Subsections A through E, P, and U of this Section. ACT No. 55 * * * - - - P. (1) Any person who is eligible for and receives disability retirement SENATE BILL NO. 18 benefits from a retirement system created under the laws of this state, shall BY SENATOR JOHNS receive the same retiree health care premium subsidy as an individual who Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) has participated for twenty or more years in the Office of Group Benefits of the Constitution of Louisiana. health care program. In order to be eligible for the retiree health care AN ACT premium subsidy, the person shall have participated in health care programs To amend and reenact R.S. 11:1311, relative to the State Police Retirement sponsored by the Office of Group Benefits for the number of years sufficient System; to provide for reemployment of retirees; to provide for to earn disability retirement benefits. implementation; to provide for an effective date; and to provide for related (2)(a) Notwithstanding any provision of law to the contrary, a spouse who is matters. eligible for and receives survivor benefits from the State Police Retirement Notice of intention to introduce this Act has been published. System pursuant to R.S. 11:1316 or 1345.8 shall be eligible to participate in Be it enacted by the Legislature of Louisiana: the Office of Group Benefits health care program and receive the same health Section 1. R.S. 11:1311 is hereby amended and reenacted to read as follows: care premium subsidy as a retiree who has participated for twenty or more §1311. Reemployment of retiree years in the Office of Group Benefits health care program. For the spouse to be A. Whenever a retiree returns to employment as a sworn, commissioned law eligible for the retiree health care premium subsidy, the member shall have enforcement officer of the office of state police in any office, section, agency, participated in health care programs sponsored by the Office of Group Benefits commission, or branch of the Department of Public Safety and Corrections for the number of years sufficient to earn survivor retirement benefits. A spouse as defined in Title 36 of the Louisiana Revised Statutes of 1950, whether by who did not meet the qualifications for health care premium subsidy coverage executive order or by any other authorized action or authority, such person pursuant to this Paragraph due to the date of death of the member occurring which otherwise would render him eligible for membership in the system, he prior to June 30, 2021, shall have the option to select coverage no later than shall not be entitled to renew his membership in or become a member of the December 31, 2021. system. If his earnings in such employment in any calendar year are more than (b) Notwithstanding any provision of law to the contrary, a child who has not fifty percent of his average final compensation, payment of his retirement attained the age of twenty-six years or a child who has a disability or is mentally benefit shall be suspended for every month of such employment. Upon the incapacitated regardless of age who is eligible for and receives, or who was subsequent separation of such employment or upon death prior thereto, the eligible for and received, survivor benefits from the State Police Retirement retirement allowance to which he shall then be entitled and the benefits to System pursuant to R.S. 11:1316 or 1345.8 shall be eligible to participate in the THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 31 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Office of Group Benefits health care program and receive the same health care To authorize and provide for the transfer of certain state property; to premium subsidy as a retiree who has participated for twenty or more years in authorize the transfer of certain state property in Orleans Parish; to provide the Office of Group Benefits health care program. For the child to be eligible for for the property description; to provide for reservation of mineral rights; to the retiree health care premium subsidy, the member shall have participated in provide terms and conditions; to provide an effective date; and to provide health care programs sponsored by the Office of Group Benefits for the number for related matters. of years sufficient to earn survivor retirement benefits. A child who did not Be it enacted by the Legislature of Louisiana: meet the qualifications for health care premium subsidy coverage pursuant to Section 1. The president of the University of Louisiana System, as authorized this Paragraph due to the date of death of the member occurring prior to June by the Board of Supervisors for the University of Louisiana System, and the 30, 2021, shall have the option to select coverage no later than December 31, commissioner of administration, notwithstanding any other provision of law to 2021. the contrary, are hereby authorized and empowered to convey, transfer, assign, * * * or deliver any interest, excluding mineral rights, the state may have to all or Section 2. R.S. 11:1316(B)(2) and (E), and 1345.8(B)(2) and (D) are hereby any portion of the following described parcel of property to The Ogden Museum amended and reacted to read as follows: of Southern Art, Inc.: §1316. Death in the line of duty; death by an intentional act of violence; Commence at the intersection of the northerly right-of-way line of Howard certain members hired on or before December 31, 2010; benefit for surviving Avenue and the westerly right-of-way line of Camp Street, thence along said spouse of deceased employee; minor children with no surviving spouse westerly line of Camp Street, N 13 degrees 48 minutes 48 seconds E, a distance * * * of 127 feet 11 inches 0 eighths to the Point of Beginning; thence N 76 degrees B. 13 minutes 42 seconds W, a distance of 127 feet 10 inches 5 eighths to a point; * * * thence N 16 degrees 33 minutes 33 seconds W, a distance of 9 feet 11 inches 0 (2)(a) The surviving spouse of any such sworn commissioned law enforcement eighths to a point; thence S 76 degrees 05 minutes 42 seconds E, a distance of officer of the office of state police of the Department of Public Safety and 132 feet 10 inches 7 eighths to a point on the westerly right-of-way line of Camp Corrections who is killed by an intentional act of violence in the discharge of Street; thence along said right-of-way line, S 13 degrees 48 minutes 43 seconds his duties, or dies from immediate effects of any injury received as the result W, a distance of 88 feet 11 inches 2 eighths to the Point of Beginning. Containing of an intentional act of violence occurring while engaged in the discharge of 11,416 square feet. his duties, shall receive a survivor benefit equal to one hundred percent of Section 2. The president of the University of Louisiana System, as authorized the salary being received by the employee at the time of the decedent’s death by the Board of Supervisors for the University of Louisiana System, and the or injury, provided the surviving spouse was married to the decedent at the commissioner of administration are hereby authorized to enter into such time of the event which resulted in the officer’s death. agreements, covenants, conditions, and stipulations and to execute such (b) Beginning in Fiscal Year 2021-2022 and in each year thereafter, the documents as necessary to properly effectuate any conveyance, transfer, benefit shall, on the anniversary of the officer’s death, be increased by three assignment, or delivery of title, excluding mineral rights, to the property percent until the benefit equals the maximum of the officer’s paygrade for his described in Section 1 of this Act, and as more specifically described in any classification under the pay plan that applied to the officer on his date of death. such agreements entered into and documents executed by and between the * * * president of the University of Louisiana System, the commissioner, and The E. Any surviving spouse of a member killed on or before June 29, 2017, by an Ogden Museum of Southern Art, Inc., in exchange for appropriate consideration intentional act of violence who would qualify for the survivor benefit provided sufficient to satisfy the provisions of Article VII, Section 14(A) of the Constitution for in Paragraph Subparagraph (B)(2)(a) of this Section shall have any survivor of Louisiana. benefit payable on or after June 30, 2017, increased to the amount calculated Section 3. The authorities granted by this Act shall terminate on June 30, pursuant to Paragraph Subparagraph (B)(2)(a) of this Section regardless of the 2024. date of death of the member. Section 4. 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 §1345.8. Survivors’ benefit for members killed in the line of duty; death by become law without signature by the governor, as provided by Article III, an intentional act of violence Section 18 of the Constitution of Louisiana. If vetoed by the governor and * * * subsequently approved by the legislature, this Act shall become effective on B. the day following such approval. * * * Approved by the Governor, June 4, 2021. (2)(a) If the member has a surviving spouse, a child or children who are A true copy: minors, have a disability, or are mentally incapacitated, or both a surviving R. Kyle Ardoin spouse and a child or children, and the member is killed by an intentional act Secretary of State of violence or dies as a direct result of an injury sustained as a consequence ------of an intentional act of violence, the amount of the total benefit shall equal one hundred percent of the member’s salary at the time of death. The benefit ACT No. 58 shall be shared equally by the surviving spouse and any children. When a - - - child who neither has a disability nor is mentally incapacitated no longer SENATE BILL NO. 32 meets the definition of minor child under R.S. 11:1301, his benefit shall cease, BY SENATOR CATHEY and the remaining beneficiaries shall have their shares adjusted accordingly. Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) (b) Beginning in Fiscal Year 2021-2022 and in each year thereafter, the of the Constitution of Louisiana. benefit shall, on the anniversary of the officer’s death, be increased by three AN ACT percent until the benefit equals the maximum of the officer’s paygrade for his To repeal R.S. 3:856, relative to the sampling and analysis of agricultural classification under the pay plan that applied to the officer on his date of death. products; to repeal the exclusion of certain agricultural products authorized * * * to be sampled and analyzed by the commissioner of agriculture; and to D. Any surviving spouse of a member killed on or before June 29, 2017, provide for related matters. by an intentional act of violence who would qualify for the survivor benefit Be it enacted by the Legislature of Louisiana: provided for in Paragraph Subparagraph (B)(2)(a) of this Section shall have any Section 1. R.S. 3:856 is hereby repealed in its entirety. benefit payable on or after June 30, 2017, increased to the amount calculated Section 2. This Act shall become effective upon signature by the governor pursuant to Paragraph Subparagraph (B)(2)(a) of this Section regardless of the or, if not signed by the governor, upon expiration of the time for bills to date of death of the member. become law without signature by the governor, as provided by Article III, Section 3. The cost of this Act shall be funded with additional employer Section 18 of the Constitution of Louisiana. If vetoed by the governor and contributions in compliance with Article X, Section 29(F) of the Louisiana subsequently approved by the legislature, this Act shall become effective on Constitution. the day following such approval. Section 4. This Act shall become effective on June 30, 2021; if vetoed by Approved by the Governor, June 4, 2021. the governor and subsequently approved by the legislature, this Act shall A true copy: become effective on June 30, 2021, or on the day following such approval by R. Kyle Ardoin the legislature, whichever is earlier. Secretary of State Approved by the Governor, June 4, 2021. ------A true copy: R. Kyle Ardoin ACT No. 59 Secretary of State ------SENATE BILL NO. 38 BY SENATOR FOIL ACT No. 57 Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) - - - of the Constitution of Louisiana. SENATE BILL NO. 28 AN ACT BY SENATORS HENRY AND HARRIS AND REPRESENTATIVE WILLARD To amend and reenact R.S. 37:3703(B)(3) and (4), relative to the membership Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Louisiana Behavior Analyst Board; to provide for the length of an of the Constitution of Louisiana. appointment term; to provide for applicability; and to provide for related AN ACT matters. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 32 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Be it enacted by the Legislature of Louisiana: established pursuant to R.S. 13:5371 et seq. Section 1. R.S. 37:3703(B)(3) and (4) are hereby amended and reenacted to (2)(3) When suspension is allowed under this Paragraph, the defendant shall read as follows: be placed on probation under the supervision of the division of probation §3703. Louisiana Behavior Analyst Board and parole. The period of probation shall be specified and shall not be * * * more than three years, except as provided in Paragraph G of this Article. B. The suspended sentence shall be regarded as a sentence for the purpose of * * * granting or denying a new trial or appeal. (3) The governor shall ensure that his appointments demonstrate race, * * * gender, ethnic, and geographical diversity. Members of the board shall serve Approved by the Governor, June 4, 2021. at the pleasure of the governor. A vacancy in an unexpired term shall be filled A true copy: in the manner of the original appointment for the remainder of the unexpired R. Kyle Ardoin term. Secretary of State (4) Each member of the board shall be appointed for a term of four years. No ------member of the board shall serve more than two consecutive complete terms on the board. ACT No. 62 * * * - - - Section 2. The provisions of Section 1 of this Act shall apply to the terms HOUSE BILL NO. 94 of the members of the Louisiana Behavior Analyst Board currently serving BY REPRESENTATIVE FONTENOT on the effective date of this Act. A board member’s four-year term shall AN ACT be considered to have begun on the date the board member was officially To amend and reenact R.S. 47:1838(introductory paragraph), relative to ad appointed. valorem property tax assessments by the Louisiana Tax Commission; to Approved by the Governor, June 4, 2021. extend authority for the imposition of certain assessment fees; to provide A true copy: for an effective date; and to provide for related matters. R. Kyle Ardoin Be it enacted by the Legislature of Louisiana: Secretary of State Section 1. R.S. 47:1838(introductory paragraph) is hereby amended and ------reenacted to read as follows: §1838. Fees ACT No. 60 The tax commission is hereby authorized on an interim basis for the period - - - beginning on July 1, 2018 July 1, 2021, and ending on June 30, 2022 June HOUSE BILL NO. 23 30, 2026, to levy and collect the following fees in connection with services BY REPRESENTATIVE CHARLES OWEN performed by the commission: AN ACT * * * To repeal Subpart E of Part II of Chapter 1 of Title 14 of the Louisiana Revised Section 2. This Act shall become effective on July 1, 2021. Statutes of 1950, comprised of R.S. 14:47 through 50, and R.S. 15:443, relative Approved by the Governor, June 4, 2021. to offenses against a person; to repeal provisions relative to defamation, A true copy: presumption of malice, qualified privilege, and absolute privilege. R. Kyle Ardoin Be it enacted by the Legislature of Louisiana: Secretary of State Section 1. Subpart E of Part II of Chapter 1 of Title 14 of the Louisiana ------Revised Statutes of 1950, comprised of R.S. 14:47 through 50, and R.S. 15:443 are hereby repealed in their entirety. ACT No. 63 Approved by the Governor, June 4, 2021. - - - A true copy: HOUSE BILL NO. 96 R. Kyle Ardoin BY REPRESENTATIVE JENKINS Secretary of State AN ACT ------To redesignate a portion of Louisiana Highway 3094 in Shreveport, Louisiana, as the “Rev. Dr. Elbert W. ‘Eddie’ Giles Memorial Highway”; and to provide ACT No. 61 for related matters. - - - Be it enacted by the Legislature of Louisiana: HOUSE BILL NO. 77 Section 1. The portion of Louisiana Highway 3094, otherwise known as BY REPRESENTATIVES MARINO, JONES, LANDRY, AND MARCELLE Hearne Avenue, from the three-hundred through the four-hundred block, in AN ACT Shreveport, Louisiana, shall be known and hereby redesignated as the “Rev. To amend and reenact Code of Criminal Procedure Article 893(B), relative Dr. Elbert W. ‘Eddie’ Giles Memorial Highway”. to suspension of sentences in felony cases; to provide relative to fourth or Section 2. The Department of Transportation and Development or its subsequent convictions; to provide relative to the consent of the district contractors are hereby directed to erect and maintain appropriate signage attorney; and to provide for related matters. reflecting this designation provided local or private monies are received Be it enacted by the Legislature of Louisiana: by the department equal to the department’s actual costs for material, Section 1. Code of Criminal Procedure Article 893(B) is hereby amended fabrication, mounting posts, and installation of each sign, not to exceed the and reenacted to read as follows: sum of five hundred fifty dollars per sign. Art. 893. Suspension and deferral of sentence and probation in felony cases Approved by the Governor, June 4, 2021. * * * A true copy: B.(1) Notwithstanding any other provision of law to the contrary, when R. Kyle Ardoin it appears that the best interest of the public and of the defendant will be Secretary of State served, the court, after a fourth or subsequent conviction of a noncapital ------felony may suspend, in whole or in part, the imposition or execution of the sentence upon consent of the district attorney. ACT No. 64 (2) or after After a third or fourth conviction of operating a vehicle while - - - intoxicated pursuant to R.S. 14:98, the court may suspend, in whole or in HOUSE BILL NO. 102 part, the imposition or execution of the sentence when the defendant was not BY REPRESENTATIVE JENKINS offered such alternatives prior to his fourth conviction of operating a vehicle AN ACT while intoxicated and the following conditions exist: To designate a portion of Louisiana Highway 173 as the “Coach Carl Pierson (a) The district attorney consents to the suspension of the sentence. Memorial Highway”; and to provide for related matters. (b) The court orders the defendant to do any of the following: Be it enacted by the Legislature of Louisiana: (i) Enter and complete a program provided by the drug division of the Section 1. The portion of Louisiana Highway 173 in Caddo Parish, from district court pursuant to R.S. 13:5301 et seq. Hartman Street to Ernest B Miller Drive, shall be known and hereby (ii) Enter and complete an established driving while intoxicated court or designated as the “Coach Carl Pierson Memorial Highway”. sobriety court program. Section 2. The Department of Transportation and Development or its (iii) Enter and complete a mental health court program established contractors are hereby directed to erect and maintain appropriate signage pursuant to R.S. 13:5351 et seq. reflecting this designation provided local or private monies are received (iv) Enter and complete a Veterans Court program established pursuant to by the department equal to the department’s actual costs for material, R.S. 13:5361 et seq. fabrication, mounting posts, and installation of each sign, not to exceed the (v) Enter and complete a reentry court program established pursuant to sum of five hundred fifty dollars per sign. R.S. 13:5401. Approved by the Governor, June 4, 2021. (vi) Reside for a minimum period of one year in a facility which conforms A true copy: to the Judicial Agency Referral Residential Facility Regulatory Act, R.S. R. Kyle Ardoin 40:2851 et seq. Secretary of State (vii) Enter and complete the Swift and Certain Probation Pilot Program ------THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 33 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. such plans and procedures and make ongoing assessments of the sufficiency ACT No. 65 of such plans and procedures. Discussion and records of the review - - - board regarding financial security and cybersecurity plans, procedures, HOUSE BILL NO. 104 assessments, and implementations shall be confidential and shall not be BY REPRESENTATIVE WHEAT subject to production in accordance with the Louisiana Public Records Law. AN ACT E. The review board shall make a written report to the legislature as the To amend and reenact R.S. 3:2091(B)(12) and 2131, relative to the composition review board deems necessary prior to the beginning of each regular session and regulatory authority of the Louisiana Board of Animal Health; to of such recommendations for changes in cash management law and practices provide for composition of the board; to provide for disposal of livestock as deemed appropriate. In addition to the other reporting requirements of animal carcasses; to provide relative to a definition; to provide for an this Subsection, the review board shall quarterly make a written report to effective date; and to provide for related matters. the Joint Legislative Committee on the Budget relative to the banking and Be it enacted by the Legislature of Louisiana: checking accounts of all state agencies, as follows: Section 1. R.S. 3:2091(B)(12) and 2131 are hereby amended and reenacted to (1) The state depositing authority as defined in R.S. 49:319. read as follows: (2) The banking or checking account name, account type, and, if there is §2091. Louisiana Board of Animal Health more than one account with the same name, the account number. * * * (3) The approval date for the banking or checking account and the name of B. The board shall consist of the following eighteen members appointed the fiscal agent bank. by the commissioner of agriculture and forestry in accordance with the (4) The banking or checking account investments, interest earnings, and fee following provisions: payments. * * * (5) The account balance as of the beginning and the end of the quarter. (12) One dairy farmer to be selected from persons nominated by organized (6) The source of the funds in the account. dairy cooperatives domiciled in Louisiana, each of which cooperatives may (7) The purpose of the banking or checking account. nominate one dairy farmer. (8) If a banking or checking account is closed during the quarter, the date * * * of the closure, the balance of the account on the date of the closure, and §2131. Cremation or burial Disposal of animal carcasses documentation from the bank that the account has been closed. A.(1) In order to prevent, control, and eradicate anthrax or charbon, E. F. The Joint Legislative Committee on the Budget shall hold a hearing glanders, blackleg, hemorrhagic septicemia, hog cholera, and all other on the number and types of banking or checking accounts, the need for the contagious or communicable diseases of mules, horses, cattle, sheep, goats, agency to have one or more banking or checking accounts, the source of funds swine, and poultry throughout the state, the carcasses of all animals shall and the balances in the banking or checking accounts, and whatever other be disposed of in a sanitary manner by cremation or deep burial. cremation, information is deemed necessary by the chairman. deep burial, or other sanitary method as approved by the United States F. G. The Joint Legislative Committee on the Budget shall forward a copy Department of Agriculture. of the reports that it receives from the review board, with whatever changes (2) Burial in this sense For purposes of Paragraph (1) of this Subsection, it deems necessary, to the Revenue Estimating Conference for its use in “deep burial” means that the animal carcass shall be placed in a hole or estimating fees and self-generated revenues for the official forecast. pit not less than six feet deep in the disposition of carcasses of cows, mules, G. H. The review board is hereby empowered to review all state agency poultry, and horses, and not less than four feet as applying to carcasses of requests for the establishment of escrow funds in the state treasury, and if sheep, goats, and swine. warranted, to approve the requests in writing. The monthly reports required B. The owners, agents, firms, or corporations, or persons in charge of any or by the provisions of R.S. 49:320.2(C) for all state agencies with escrow funds in all livestock on ranges, pastures, or other premises shall be responsible for the state treasury shall be submitted to the review board, who shall compile disposition of all carcasses in those herds over which they have jurisdiction, the agency reports into one report and forward it to the Joint Legislative with reference to complying to the provisions of this Part. Committee on the Budget. C. The provisions of this Part shall not apply to animal carcasses within H. I. The legislative auditor shall review each state agency’s compliance the limits of a city or town which is provided with an incinerator or in which with the review board’s approved cash management policies and procedures. a rendering plant is operated, provided such incinerator or rendering plant Any noncompliance shall be reported to the Legislative Audit Advisory is equipped with facilities to properly transport or handle carcasses in a Council and to the cash management review board. manner to prevent dissemination of infection. Section 2. R.S. 42:17(A)(3) is hereby amended and reenacted to read as Section 2. This Act shall become effective upon signature by the governor follows: or, if not signed by the governor, upon expiration of the time for bills to §17. Exceptions to open meetings become law without signature by the governor, as provided by Article III, A. A public body may hold an executive session pursuant to R.S. 42:16 for Section 18 of the Constitution of Louisiana. If vetoed by the governor and one or more of the following reasons: subsequently approved by the legislature, this Act shall become effective on * * * the day following such approval. (3) Discussion regarding the report, development, or course of action Approved by the Governor, June 4, 2021. regarding security personnel, plans, or devices, including discussions A true copy: concerning cybersecurity plans, financial security procedures, and R. Kyle Ardoin assessment and implementation of any such plans or procedures. Secretary of State * * * ------Section 3. R.S. 44:4.1(B)(25) is hereby amended and reenacted and R.S. 44:4(59) is hereby enacted to read as follows: ACT No. 66 §4. Applicability - - - This Chapter shall not apply: HOUSE BILL NO. 128 * * * BY REPRESENTATIVE ZERINGUE (59) To any records, data, writings, accounts, reports, recordings, letters, AN ACT exhibits, pictures, drawings, charts, photographs, memoranda, evaluations, To amend and reenact R.S. 39:372(D) through (H), R.S. 42:17(A)(3), and or copies thereof, in the custody or control of any state agency, department, R.S. 44:4.1(B)(25) and to enact R.S. 39:372(I) and R.S. 44:4(59), relative to board, or commission required to deposit monies in the state treasury in security protocols; to provide with respect to the powers and duties of accordance with Article VII, Section 9(A) of the Constitution of Louisiana of the Cash Management Review Board regarding financial security and 1974, concerning cybersecurity plans, financial security procedures, or the cybersecurity plans; to provide with respect to the confidential nature of assessment or implementation of any such plans or procedures. certain cybersecurity and financial security discussions and documents; to §4.1. Exceptions provide for executive session in public meetings in certain circumstances; * * * to provide with respect to public records exceptions for certain types of B. The legislature further recognizes that there exist exceptions, exemptions, cybersecurity and financial information; to direct the Louisiana State Law and limitations to the laws pertaining to public records throughout the Institute to make certain technical corrections; to provide for an effective revised statutes and codes of this state. Therefore, the following exceptions, date; and to provide for related matters. exemptions, and limitations are hereby continued in effect by incorporation Be it enacted by the Legislature of Louisiana: into this Chapter by citation: Section 1. R.S. 39:372(D) through (H) are hereby amended and reenacted * * * and R.S. 39:372(I) is hereby enacted to read as follows: (25) R.S. 39:294, 372, 1435 §372. Powers; policies; reports * * * * * * Section 4. The Louisiana State Law Institute is hereby directed to correct D. Each state agency shall adopt a cybersecurity plan and financial any references to R.S. 39:372 in the Louisiana Revised Statutes of 1950, security procedures relative to cash management. Within ninety days of the including in R.S. 49:320.1, to conform with the provisions of this Act. enactment of this Subsection, each agency shall submit its cybersecurity Section 5. This Act shall become effective upon signature by the governor plan and financial security procedures to the review board. Thereafter, or, if not signed by the governor, upon expiration of the time for bills to each agency shall submit to the review board any revisions to its approved become law without signature by the governor, as provided by Article III, plan or procedures. The review board shall review and approve such plans, Section 18 of the Constitution of Louisiana. If vetoed by the governor and procedures, and revisions. The review board may review implementation of subsequently approved by the legislature, this Act shall become effective on THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 34 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. the day following such approval. representative;. Approved by the Governor, June 4, 2021. (2) Order to show cause; order directing the issuance and providing the A true copy: security to be furnished by a party for the issuance of a writ of attachment R. Kyle Ardoin or sequestration; order directing the release of property seized under a writ Secretary of State of attachment or sequestration and providing the security to be furnished ------therefor; order for the issuance of a temporary restraining order and providing the security therefor; order for the issuance of a writ, or alternative ACT No. 67 writ, of habeas corpus, mandamus, or quo warranto;. - - - (3) Order for the seizure and sale of property in an executory proceeding;. HOUSE BILL NO. 133 (4) Order for the taking of testimony by deposition; for the production BY REPRESENTATIVE ADAMS of documentary evidence; for the production of documents and things for AN ACT inspection, copying, or photographing; for permission to enter land for the To enact R.S. 33:2476(B)(1)(f), relative to the city of Zachary; to provide relative purpose of measuring, surveying, or photographing;. to the municipal fire and police civil service board; to provide relative to (5) Order or judgment deciding or otherwise disposing of an action, the qualifications of board members; to require a specified member of the proceeding, or matter which that may be tried or heard in chambers;. board to reside within certain areas of East Baton Rouge Parish; and to (6) Order or judgment that may be granted on ex parte motion or application, provide for related matters. except an order of appeal on an oral motion; and. Notice of intention to introduce this Act has been published as provided by (7) Any other order or judgment not specifically required by law to be Article III, Section 13 of the Constitution of Louisiana. signed in open court. Be it enacted by the Legislature of Louisiana: Comments – 2021 Section 1. R.S. 33:2476(B)(1)(f) is hereby enacted to read as follows: This Article has been amended to codify the current practice of the district §2476. Municipal fire and police civil service boards court judges of signing orders and judgments wherever the judge is physically * * * located. With the use of electronic signatures as provided for in Articles B.(1) 253(C) and 1911(A), judges are authorized to sign orders and judgments * * * electronically, and this Article authorizes them to do so wherever they are (f) Notwithstanding any other provision of law to the contrary, in the city physically located. of Zachary, the member appointed pursuant to Subparagraph (C)(2)(a) of this Art. 195. Same; judicial Judicial proceedings in chambers Section shall have been a resident of the city of Zachary, the unincorporated The following judicial proceedings may be conducted by the district judge area of East Baton Rouge Parish, or a combination thereof, for at least five in chambers or by any audio-visual means: years next preceding his appointment, and, at the time of his appointment, (1) Hearing on an application by a legal representative for authority, shall be a qualified voter of East Baton Rouge Parish. whether opposed or unopposed, and on a petition for emancipation;. Approved by the Governor, June 4, 2021. (2) Homologation of a tableau of distribution, or of an account, filed by a A true copy: legal representative, so far as unopposed;. R. Kyle Ardoin (3) Trial of a rule to determine the nonexempt portion of wages, salaries, Secretary of State or commissions seized under garnishment and to direct the payment thereof ------periodically by the garnishee to the sheriff;. (4) Examination of a judgment debtor; and. ACT No. 68 (5) Trial of or hearing on any other action, proceeding, or matter which that - - - the law expressly provides may be tried or heard in chambers. HOUSE BILL NO. 140 Art. 196.1. Power of courts to act during emergencies judges to sign orders BY REPRESENTATIVES MUSCARELLO, ROBBY CARTER, JEFFERSON, and judgments while outside of the court’s territorial jurisdiction JENKINS, MIKE JOHNSON, LANDRY, LARVADAIN, AND SEABAUGH A. A The judge of a district court or a court of limited jurisdiction may sign AN ACT orders and judgments while outside of it’s the court’s territorial jurisdiction To amend and reenact Code of Civil Procedure Articles 193, 194, 195, 196.1, during an emergency or disaster declared as such pursuant to R.S. 29:724(B) 863(A), 891(A), and 1313(C) and R.S. 9:2603(B)(2), and to repeal Code of Civil if the emergency or disaster prevents the court from operating in its own Procedure Article 196 and R.S. 9:2603(B)(4)(a), relative to civil procedure; to jurisdiction. provide for the adoption of local court rules; to provide with respect to the B. The court shall indicate the location where the order or judgment was power of district courts to act; to provide with respect to judicial proceedings; signed on any order or judgment signed outside of the court’s territorial to provide for the signing of orders and judgments; to provide with respect jurisdiction pursuant to this Article. to pleadings and petitions; to provide for service by electronic means; to Comments – 2021 provide with respect to the Louisiana Uniform Electronic Transaction Act; This Article has been amended to allow the judge to sign orders and to provide for an effective date; and to provide for related matters. judgments while outside of the court’s territorial jurisdiction, regardless of Be it enacted by the Legislature of Louisiana: whether there is an emergency or disaster. This amendment does not confer Section 1. Code of Civil Procedure Articles 193, 194,195, 196.1, 863(A), 891(A), or extend the subject matter jurisdiction of a court when one of its judges and 1313(C) are hereby amended and reenacted to read as follows: signs a judgment or order outside of the court’s territorial jurisdiction. See Art. 193. Power to adopt local rules; publication Articles 2 and 3. A. A court may adopt rules for the conduct of judicial business before * * * it, including those governing matters of practice and procedure which that Art. 863. Signing of pleadings; effect are not contrary to the rules provided by law. When a court has more than A. Every pleading of a party represented by an attorney shall be signed one judge, its rules shall be adopted or amended by a majority of the judges by at least one attorney of record in his individual name, whose physical thereof, sitting en banc. address and email address for service of process shall be stated. A party The rules may provide that the court may call a special session of court who is not represented by an attorney shall sign his pleading and state his during vacation, and that any action, proceeding, or matter otherwise physical address and email address, if he has an email address, for service of required by law to be tried or heard in open court during the regular session process. If mail is not received at the physical address for service of process, may be tried or heard during the special session. a designated mailing address shall also be provided. B. The rules shall be entered on the minutes of the court. Rules adopted * * * by an appellate court shall be published in the manner which that the court Art. 891. Form of petition considers most effective and practicable. Rules adopted by a district court A. The petition shall comply with Articles 853, 854, and 863, and, whenever shall be printed in pamphlet form, and a copy shall be furnished on request applicable, with Articles 855 through 861. It shall set forth the name, to any attorney licensed to practice law in this state. surname, and domicile of the parties; shall contain a short, clear, and concise Art. 194. Power of district court to act in chambers; signing orders and statement of all causes of action arising out of, and of the material facts of, judgments the transaction or occurrence that is the subject matter of the litigation; shall The following orders and judgments may be signed by the district judge in designate an a physical address, not a post office box, and an email address chambers any place where the judge is physically located: for receipt of service of all items involving the litigation; and shall conclude (1) Order directing the taking of an inventory; judgment decreeing or with a prayer for judgment for the relief sought. Relief may be prayed for in homologating a partition, when unopposed; judgment probating a testament the alternative. ex parte; order directing the execution of a testament; order confirming * * * or appointing a legal representative, when unopposed; order appointing Art. 1313. Service by mail, delivery, or electronic means an undertutor or an undercurator; order appointing an attorney at law to * * * represent an absent, incompetent, or unrepresented person, or an attorney C. Notwithstanding Paragraph A of this Article, if a pleading or order sets a for an absent heir; order authorizing the sale of property of an estate court date, then service shall be made either by registered or certified mail or administered by a legal representative; order directing the publication as provided in Article 1314, or by actual delivery by a commercial courier, or of the notice of the filing of a tableau of distribution, or of an account, by by emailing the document to the email address designated by counsel or the a legal representative; judgment recognizing heirs or legatees and sending party. Service by electronic means is complete upon transmission, provided them into possession, when unopposed; all orders for the administration and that the sender receives an electronic confirmation of delivery. settlement of a succession, or for the administration of an estate by a legal * * * THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 35 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Comments – 2021 the public license tag agents shall collect and retain the full amount of Paragraph C of this Article has been amended to allow service of a pleading the convenience fee charge. The seller is authorized to charge collect the or order setting a court date by emailing the party or his counsel at a designated convenience fee charge authorized by this Subsection in connection with any email address, provided that the sender receives an electronic confirmation retail sale, in addition to the fees authorized in Chapter 10-B of Title 6 of the of delivery. See R.S. 9:4845(2). If such confirmation is not received, the sender Louisiana Revised Statutes of 1950. will need to use one of the other alternative methods of service provided in D.(1) Each public license tag agent approved by the office of motor vehicles Paragraph C. shall disclose information to the consumer that a license tag may be purchased Section 2. R.S. 9:2603(B)(2) is hereby amended and reenacted to read as at the office of motor vehicles without payment of the convenience fee charge. follows: (2) Itemization of this convenience fee charge in compliance with federal §2603. Scope laws regarding truth and lending shall be considered compliance with this * * * Section. B. This Chapter shall not apply to: * * * * * * Section 4. The Department of Public Safety and Corrections, office of motor (2) A transaction to the extent it is governed by the provisions of Title 10 of vehicles, shall promulgate rules and regulations in accordance with the the Louisiana Revised Statutes of 1950, other than R.S. 10:1-107. Administrative Procedure Act to implement the provisions of this Act. * * * Approved by the Governor, June 4, 2021. Section 3. Code of Civil Procedure Article 196 and R.S. 9:2603(B)(4)(a) are A true copy: hereby repealed in their entirety. R. Kyle Ardoin Section 4. This Act shall become effective January 1, 2022. Secretary of State Approved by the Governor, June 4, 2021. ------A true copy: R. Kyle Ardoin ACT No. 70 Secretary of State ------HOUSE BILL NO. 162 BY REPRESENTATIVE DESHOTEL ACT No. 69 AN ACT - - - To enact R.S. 40:539(C)(8)(k), relative to employees of the Simmesport Housing HOUSE BILL NO. 147 Authority; to provide that employees of the authority shall not be in the BY REPRESENTATIVE HORTON state civil service; and to provide for related matters. AN ACT Notice of intention to introduce this Act has been published as provided by To amend and reenact R.S. 6:969.18(A)(3), R.S. 9:3530(F), and R.S. 47:532.1(A) Article III, Section 13 of the Constitution of Louisiana. (7)(c), (C), and (D), relative to public license tag agents; to authorize a Be it enacted by the Legislature of Louisiana: maximum convenience charge for certain transactions; to increase the Section 1. R.S. 40:539(C)(8)(k) is hereby enacted to read as follows: convenience charges collected by public license tag agents for certain §539. Selection of chairman and vice chairman; executive director; hiring services; to authorize the collection of a convenience charge in addition of employees to other authorized fees, sales taxes, and transactions; and to provide for * * * related matters. C. Be it enacted by the Legislature of Louisiana: * * * Section 1. R.S. 6:969.18(A)(3) is hereby amended and reenacted to read as (8) follows: * * * §969.18. Documentation and compliance fees; notary fees; transfer of equity (k) Notwithstanding any provision of Subparagraph (a) of this Paragraph and other fees; disclosure or of any other law to the contrary, the Simmesport Housing Authority shall A. not be considered an instrumentality of the state for purposes of Article X, * * * Section 1(A) of the Constitution of Louisiana, and employees of the authority (3) The seller or extender of credit may additionally charge the consumer shall not be included in the state civil service. collect a convenience fee charge from the consumer, as provided by R.S. Approved by the Governor, June 4, 2021. 47:532.1(A)(7)(c), for services performed in obtaining a motor vehicle license A true copy: or title on the consumer’s behalf. R. Kyle Ardoin * * * Secretary of State Section 2. R.S. 9:3530(F) is hereby amended and reenacted to read as follows: ------§3530. Fees; origination; notary, documentation; over-the-credit-limit fee * * * ACT No. 71 F.(1) A lender may charge the consumer the collect a convenience fee charge - - - authorized by R.S. 47:532.1(C) for services performed by a public license tag HOUSE BILL NO. 219 agent as well as any E.L.T. fees pursuant to R.S. 32:707.2. Such charge or fees BY REPRESENTATIVE ILLG shall not be charged assessed to the consumer more than once. AN ACT (2) Notwithstanding any other law to the contrary, the convenience fee To amend and reenact R.S. 26:271.2(2)(b) and 308(B) and (C)(2)(b) and to charge authorized by R.S. 47:532.1(C) as well as any E.L.T. fees shall not enact R.S. 26:2(32) and 241(27), relative to alcohol delivery; to provide be considered as interest, nor shall they be included in the calculation of for definitions; to provide for the delivery of ready-to-drink beverages; interest. to provide for permits needed to enter into delivery agreements; and to * * * provide for related matters. Section 3. R.S. 47:532.1(A)(7)(c), (C), and (D) are hereby amended and Be it enacted by the Legislature of Louisiana: reenacted to read as follows: Section 1. R.S. 26:271.2(2)(b) and 308(B) and (C)(2)(b) are hereby amended §532.1. Public license tag agents; auto title companies; rules and regulations; and reenacted and R.S. 26:2(32) and 241(27) are hereby enacted to read as surety bonds; fees follows: A. §2. Definitions * * * For purposes of this Chapter, the following terms have the respective (7) meanings ascribed to them in this Section, unless a different meaning clearly * * * appears from the context: (c) Public license tag agents shall also be authorized to provide information * * * on the status of registration privileges and to process reinstatements of (32) “Ready-to-drink beverage” means an alcoholic beverage containing driving and motor vehicle registration privileges when these privileges were low or high alcohol content as defined in this Section and R.S. 26:241, that is revoked due to the failure to maintain the compulsory motor vehicle liability pre-packaged, pre-measured, and pre-mixed to be sold in a manufacturer- security or the failure to provide proof of such security. Public license tag sealed container ready for immediate consumption. agents shall be authorized to charge collect a convenience fee charge not to * * * exceed eighteen twenty-three dollars, to provide information on the status §241. Definitions of registration privileges and a fee charge not to exceed eighteen twenty- The following terms have the respective meanings ascribed to them except three dollars per reinstatement, provided that the fees charges are disclosed in those instances where the context indicates a different meaning: immediately to the consumer prior to the initiation of the transaction, and * * * the fees are posted in a conspicuous manner in the business office of the (27) “Ready-to-drink beverage” means an alcoholic beverage containing public license tag agent. low or high alcohol content as defined in this Section and R.S. 26:2, that is pre- * * * packaged, pre-measured, and pre-mixed to be sold in a manufacturer-sealed C. Public license tag agents shall be authorized to collect a convenience container ready for immediate consumption. fee charge in addition to the registration license tax or other authorized fees, * * * sales taxes, and transactions. The convenience fee charge shall not exceed §271.2. Class A permit; definitions eighteen twenty-three dollars per license authorized transaction. However, The commissioner shall issue the following four types of Class A retail THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 36 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. permits for beverages of low alcoholic content: R. Kyle Ardoin * * * Secretary of State (2) Class A-Restaurant: ------* * * (b) Notwithstanding any provision of law to the contrary and subject to rules ACT No. 73 promulgated by the commissioner, in addition to the authority to contract - - - with a third-party delivery company or a third-party platform as provided in HOUSE BILL NO. 397 R.S. 26:308, a permit may be issued to a “restaurant establishment” enabling BY REPRESENTATIVES WHITE AND THOMPSON AND SENATORS the delivery of restaurant prepared food and malt beverages, ready-to-drink BARROW, BERNARD, BOUIE, CORTEZ, FESI, FIELDS, JACKSON, beverages, sparkling wine, and still wine, as defined in R.S. 26:2 and R.S. JOHNS, LUNEAU, ROBERT MILLS, MIZELL, PETERSON, PRICE, REESE, 26:241 with its own employees or agents for which the retailer is required SMITH, WARD, AND WOMACK to file an Internal Revenue Service Form W-2 or 1099. Notwithstanding the AN ACT provisions of R.S. 26:271(A)(2), the permit fee for the permit issued pursuant To amend and reenact the heading of Part XIV of Chapter 11 of Title 40 of the to this Subparagraph shall be two hundred fifty dollars. Louisiana Revised Statutes of 1950 and to enact R.S. 40:2200.7.1 and 2200.7.2, * * * relative to Alzheimer’s disease and other dementia diseases; to provide for §308. Alcoholic beverages delivery agreements; requirements; limitations education concerning and awareness of such diseases; to provide for the * * * early detection of such diseases; to provide for the promulgation of rules B. Notwithstanding any provision of law to the contrary, a retail dealer by the Louisiana Department of Health; to provide for the designation and possessing a valid Class A-General retail permit or Class-A Restaurant organization of certain laws by the Louisiana State Law Institute; and to permit as provided in R.S. 26:271.2, a Class “R” restaurant permit as provided provide for related matters. in R.S. 26:272, or a package house-Class B, as defined in R.S. 26:241, permit Be it enacted by the Legislature of Louisiana: as provided in this Chapter may enter into a written agreement with a third- Section 1. The heading of Part XIV of Chapter 11 of Title 40 of the Louisiana party delivery company or a third-party platform for the use of an internet Revised Statutes of 1950 is hereby amended and reenacted and R.S. 40:2200.7.1 or mobile application or similar technology platform to facilitate the sale and 2200.7.2 are hereby enacted to read as follows: of alcoholic beverages for delivery to consumers for personal consumption PART XIV. ALZHEIMER’S DISEASE AND DEMENTIA TRAINING within this state and the third-party delivery company or the third-party * * * platform may deliver alcoholic beverages to the consumer. §2200.7.1. Legislative intent C. An alcoholic beverage delivery agreement between a retail dealer and a A. The legislature hereby finds and declares that: third party shall require all of the following: (1) It is the intent of the legislature that existing health programs and * * * services educate healthcare professionals on the importance of early (2) detection and timely diagnosis of cognitive impairment and dementia. * * * (2) It is in the public interest to provide information to increase (b) Only malt beverages, ready-to-drink beverages, sparkling wine, and still understanding and awareness of Alzheimer’s disease and other dementia wine, as defined in R.S. 26:2 and 241 are offered for delivery from the licensed diseases. premises of a restaurant permit holder. (3) It is the public policy of this state that healthcare providers in Louisiana * * * have access to guidance and education outreach programs regarding Section 2. The Louisiana State Law Institute is hereby authorized and Alzheimer’s disease and other dementia diseases. directed to arrange in alphabetical order and renumber the definitions §2200.7.2. Alzheimer's and other dementia diseases training; rulemaking provided in R.S. 26:2 and 241. A. The Louisiana Department of Health may in its existing public health Approved by the Governor, June 4, 2021. programs and services educate healthcare providers on all of the following: A true copy: (1) The importance of effective care planning, including treatment options, R. Kyle Ardoin support and services, long-term care options, advanced directives, and care Secretary of State at every stage of Alzheimer’s disease and other dementia diseases to include ------appropriate counseling. (2) The use of validated cognitive assessment tools. ACT No. 72 B. The office of public health within the Louisiana Department of Health - - - may include provisions in its public health outreach programs that, at a HOUSE BILL NO. 251 minimum, address the following: BY REPRESENTATIVE JONES AND SENATORS BARROW, BERNARD, (1) Increasing the awareness of Alzheimer’s disease and other dementia FIELDS, JACKSON, FRED MILLS, TALBOT, AND WOMACK diseases including any link to chronic disease, such as vascular risk factors. AN ACT (2) Advising the public of the value of early detection of Alzheimer’s disease To amend and reenact Code of Criminal Procedure Article 573.1, relative and other dementia diseases along with information on the early signs of the to time limitations for instituting prosecutions; to provide relative to time diseases. limitations in which to institute prosecution for crimes related to victims (3) Educating the public on the importance of identifying and reporting with infirmities; to provide for definitions; and to provide for related signs of Alzheimer’s disease and other dementia diseases to healthcare matters. providers for timely diagnosis. Be it enacted by the Legislature of Louisiana: (4) Increasing the data and surveillance applicable to Alzheimer’s disease Section 1. Code of Criminal Procedure Article 573.1 is hereby amended and and other dementia diseases and encouraging additional data analysis and reenacted to read as follows: accurate reporting on death certificates. Art. 573.1. Running of time limitations; exception; exploitation of persons C. The Louisiana Department of Health shall consult with the Louisiana with infirmities chapter of the Alzheimer’s Association and other experts, advocates, or A. The time limitations established by Article 572 of this Code shall not associations to facilitate the distribution of educational materials that commence to run as to the any crime of exploitation of persons wherein the address Alzheimer’s disease and other dementia diseases. victim is a person with infirmities (R.S. 14:93.4) until the crime is discovered D. The Louisiana Department of Health may promulgate rules and by a competent victim, or in the case of an incompetent victim, by a competent regulations in accordance with the Administrative Procedure Act as are third person law enforcement officer. This shall include but is not limited to necessary to implement this Subpart. The rules and regulations may include the crimes of simple battery of persons with infirmities (R.S. 14:35.2), cruelty to but not be limited to the type of cognitive assessment tools available to persons with infirmities (R.S. 14:93.3), exploitation of persons with infirmities healthcare providers. The department shall consult with and seek input (R.S. 14:93.4), sexual battery of persons with infirmities (R.S. 14:93.5), and from the Louisiana chapter of the Alzheimer’s Association and other experts, abuse of persons with infirmities through electronic means (R.S. 14:283.3). advocates, or associations in the promulgation of the rules and regulations. B.(1) “Person with infirmities” shall mean a person who suffers from a Section 2. (A) The Louisiana State Law Institute is hereby directed to mental or physical disability, including those associated with advanced age, designate R.S. 40:2200.1 through 2200.5 as Subpart A of Part XIV of Chapter 11 which renders the person incapable of adequately providing for his personal of Title 40 of the Louisiana Revised Statutes of 1950, and is further directed care. The term “person with infirmities” may include but is not limited to to apply to the Subpart the heading “Dementia Training”. any individual who is an outpatient or resident of a nursing home, facility (B) The Louisiana State Law Institute is hereby directed to designate R.S. for persons with intellectual disabilities, mental health facility, hospital, or 40:2200.7.1 and 2200.7.2, as enacted by Section 1 of this Act, as Subpart B of other residential facility, or a recipient of home or community-based care or Part XIV of Chapter 11 of Title 40 of the Louisiana Revised Statutes of 1950, services. and is further directed to apply to the Subpart the heading “Alzheimer’s (2) “Law enforcement officer” shall mean any employee of the state, a Disease and Other Dementia Diseases”. political subdivision, a municipality, a sheriff, or other public agency whose Approved by the Governor, June 4, 2021. permanent duties include the making of arrests, the performing of searches A true copy: and seizures, or the execution of criminal warrants, and who is responsible R. Kyle Ardoin for the prevention or detection of crime or for the enforcement of the penal, Secretary of State traffic, or highway laws of this state. ------Approved by the Governor, June 4, 2021. A true copy: ACT No. 74 THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 37 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. - - - for warranty work on motor vehicles or motor vehicle parts; to provide for HOUSE BILL NO. 405 repair orders; to provide for parts mark-ups or labor rates; to provide for BY REPRESENTATIVE JORDAN definitions; and to provide for related matters. AN ACT Be it enacted by the Legislature of Louisiana: To amend and reenact R.S. 33:103(C)(1)(l), relative to the town of Brusly; to Section 1. R.S. 32:1262(A) is hereby amended and reenacted to read as authorize the governing authority of the town of Brusly to pay members of follows: the Brusly Planning Commission a per diem; to provide for the amount of §1262. Warranty; compensation; audits of dealer records the per diem and the number of meetings for which members may be paid; A.(1) For the purpose of this Section, the following terms have the meanings to provide for an effective date; and to provide for related matters. ascribed to them: Notice of intention to introduce this Act has been published as provided by (a) “Manufacturer, distributor, wholesaler, factory branch, or distributor Article III, Section 13 of the Constitution of Louisiana. branch’s warranty” means and includes a new motor vehicle warranty, a Be it enacted by the Legislature of Louisiana: recall, or a certified pre-owned warranty of a manufacturer, distributor, Section 1. R.S. 33:103(C)(1)(l) is hereby amended and reenacted to read as wholesaler, factory branch, or distributor branch to repair or replace a defect follows: in a vehicle or part. §103. Planning commission; membership; appointment (b) “Parts” means parts and components of a motor vehicle, including * * * engine, transmission, other parts assemblies, and manufacturer replacement C.(1) All members of a commission, whether a parish or a municipal parts. planning commission, shall serve without compensation, except as otherwise (c) “Qualifying repair” means a repair to a vehicle included within the provided by this Paragraph or as otherwise provided by law, and shall hold manufacturer, distributor, wholesaler, factory branch, or distributor branch’s no other public office, except they may also serve as members of any duly original new motor vehicle warranty, except that the vehicle on which the constituted regional commission of which their parish or municipality forms repair was performed exceeds the chronological or mileage limit of the a part. warranty, and the repair does not otherwise constitute warranty work and * * * does not include any of the work described in Paragraph (8) of this Subsection. (l) Notwithstanding any other provision of law to the contrary, the governing (d) “Qualifying repair order” means a repair order that encompasses, in authorities of the municipalities of Arcadia, Brusly, Delhi, Gramercy, whole or in part, a qualifying repair or repairs. Haughton, Haynesville, Iowa, Jena, Lake Arthur, Lockport, and Many may pay (e) “Repair order” means an invoice paid by a retail customer and closed a per diem to members of their respective municipal planning commissions at the time of submission, which encompasses one or more repairs to or other for attending meetings of any such commission. The rate of per diem to be work on a vehicle, and reflecting, in the case of a parts mark-up submission, the paid to such members and the number of meetings for which per diem shall cost of each part and its sale price, and in the case of a labor rate submission, be paid shall be established by ordinance of the governing authority of each the labor hours charged to each job and the sale price of such labor. municipality. (f) “Warranty work” means work, including diagnostic labor, performed * * * by a dealer in order to fulfill the obligations of a manufacturer, distributor, Section 2. This Act shall become effective upon signature by the governor wholesaler, factory branch, or distributor branch warranty. “Warranty work” or, if not signed by the governor, upon expiration of the time for bills to shall also include work arranged to be performed by a dealer if such work become law without signature by the governor, as provided by Article III, is authorized by the manufacturer, distributor, wholesaler, factory branch, Section 18 of the Constitution of Louisiana. If vetoed by the governor and or distributor branch in order to fulfill the obligations of a manufacturer, subsequently approved by the legislature, this Act shall become effective on distributor, wholesaler, factory branch, or distributor branch warranty. the day following such approval. (2) It shall be a violation of this Chapter for a manufacturer, a distributor, Approved by the Governor, June 4, 2021. a wholesaler, distributor branch, or factory branch ,or officer, agent or other A true copy: representative thereof to fail to adequately and fairly compensate its dealers R. Kyle Ardoin for labor, parts, and other expenses incurred by such dealer to perform under Secretary of State and comply with a manufacturer’s or a distributor’s warranty agreement ------warranty work and the delivery and preparation obligations imposed on the dealer by a manufacturer, distributor, wholesaler, factory branch, or ACT No. 75 distributor branch. - - - (2)(3) In no event shall any manufacturer, or distributor, wholesaler, factory HOUSE BILL NO. 413 branch, or distributor branch pay its dealers at a price or rate a dealer for BY REPRESENTATIVES NELSON, ADAMS, AMEDEE, BACALA, warranty work that is less than that the rates charged by the dealer to the BEAULLIEU, BRASS, BROWN, BRYANT, CARRIER, GARY CARTER, retail customers retail customer of the dealer for nonwarranty non-warranty CORMIER, COUSSAN, COX, CREWS, DUBUISSON, DUPLESSIS, ECHOLS, qualifying work of like kind repairs. Time allowances for the performance EDMONDS, EDMONSTON, EMERSON, FARNUM, FRIEMAN, GADBERRY, of warranty work shall be reasonable and adequate in relation to the nature GAINES, GAROFALO, GOUDEAU, HARRIS, HILFERTY, HODGES, and scope of the work for a qualified technician of ordinary skill to perform HORTON, HUGHES, ILLG, JENKINS, JONES, KERNER, LACOMBE, the work. LARVADAIN, MACK, MARINO, MCKNIGHT, MCMAHEN, MIGUEZ, (3) Warranty work includes parts and labor performed. MINCEY, MUSCARELLO, NEWELL, CHARLES OWEN, ROBERT OWEN, (4)(a) Subject to the provisions of Subparagraph (b) of this Paragraph, RISER, ROMERO, SCHAMERHORN, SCHEXNAYDER, SEABAUGH, the parts mark-up or labor rate customarily charged by the dealer may be SELDERS, STAGNI, THOMPSON, VILLIO, WHEAT, AND WRIGHT AND established or modified at the election of the dealer by formally submitting SENATOR HENRY in writing, to the representative or pre-designated representative of the AN ACT manufacturer, distributor, wholesaler, factory branch, or distributor branch, To designate an overpass on North Causeway Boulevard in St. Tammany by electronic transmission or tangible delivery, either of the following: Parish as the “Captain Vincent N. Liberto, Jr., Memorial Overpass”. (i) All consecutive repair orders that include one hundred sequential Be it enacted by the Legislature of Louisiana: qualifying repair orders. Section 1. The overpass on North Causeway Boulevard, also known as (ii) All repair orders closed during any period of ninety consecutive days. Tammany Parkway, located at the interchange with Louisiana Highway 22 (b) A dealer submitting repair orders pursuant to Subparagraph (a) of this and U.S. Highway 190, also known as Emerald Road, in St. Tammany Parish, Paragraph shall submit the option that produces the fewer number of repair shall be known and is hereby designated as the “Captain Vincent N. Liberto, orders, which includes repairs made no more than one hundred eighty days Jr., Memorial Overpass”. before the submission. Section 2. The Department of Transportation and Development or its (5) The dealer shall calculate the labor rate by determining the total charges contractors are hereby directed to erect and maintain appropriate signage for labor from the qualifying repairs submitted and dividing that amount by reflecting this designation provided local or private monies are received the total number of hours that produced the total charges. The dealer shall by the department equal to the department’s actual costs for material, calculate the parts mark-up by determining the total charges for parts from fabrication, mounting posts, and installation of each sign, not to exceed the the qualifying repairs submitted, dividing that amount by the total cost of the sum of five hundred fifty dollars per sign. purchase of such parts, subtracting one from that amount, and multiplying by Approved by the Governor, June 4, 2021. one hundred to produce a percentage. A true copy: (6) A dealer seeking to establish or modify the warranty labor rate or parts R. Kyle Ardoin mark-up shall submit to the manufacturer, distributor, wholesaler, factory Secretary of State branch, or distributor branch either of the following: ------(a) A single set of repair orders for the purpose of calculating both the labor rate and parts mark-up. ACT No. 76 (b) A single set of repairs order for the purpose of calculating only the labor - - - rate or parts mark-up. HOUSE BILL NO. 502 (7) A dealer may not submit to establish or modify its parts mark-up, labor BY REPRESENTATIVES STEFANSKI AND THOMPSON AND SENATORS rate, or both, more than once in a twelve-month period. ABRAHAM AND HENSGENS (8) In calculating the labor rate or parts mark-up, the following shall not be AN ACT included: To amend and reenact R.S. 32:1262(A), relative to motor vehicles; to provide (a) Repairs subject to manufacturer, distributor, wholesaler, factory branch, THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 38 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. or distributor branch’s discounts, such as special events, special promotions, unduly burdensome or time-consuming to provide, including but not limited coupons, or service campaigns. to part-by-part or transaction-by-transaction calculations. (b) Parts sold at wholesale. (4)(14) All claims made by the dealer for compensation under this Subsection (c) Repairs of vehicles owned by the dealer or an employee. shall be paid within thirty days after approval and shall be approved or (d) Routine maintenance, including but not limited to replacements of disapproved within thirty days after receipt. When any claim is disapproved, fluids, filters, batteries, bulbs, belts, nuts, bolts, or fasteners. the dealer shall be notified in writing of the grounds for disapproval. (e) Installations of accessories. (5)(15) The obligations in this Subsection as they relate to recreational (f) Replacement of or work on tires or wheels, including alignments, wheel products may be modified by contract. or tire rotations, or replacements of brake drums, rotors, shoes, or pads. * * * (g) Vehicle reconditioning. Approved by the Governor, June 4, 2021. (h) Safety or emission inspections required by law. A true copy: (i) Repairs for which volume discounts have been negotiated with R. Kyle Ardoin government agencies, insurers, or service contract providers. Secretary of State (j) Parts that do not have individual part numbers. ------(k) Manufacturer, distributor, wholesaler, factory branch, or distributor branch’s approved and reimbursed goodwill repairs or reimbursements. ACT No. 77 (l) Windshield replacements, window etchings, window tints, protective - - - films, or other masking products. HOUSE BILL NO. 577 (m) Body shop repairs of conditions caused by collision, road hazard, the BY REPRESENTATIVES MCKNIGHT, JORDAN, AND THOMPSON AND force of the elements, vandalism, theft, or owner, operator, or third party SENATORS FIELDS AND FOIL negligence or deliberate act. AN ACT (9)(a) The submitted parts mark-up or labor rate shall be presumed accurate, To enact Subpart D-1 of Part IV of Chapter 4 of Title 22 of the Louisiana and shall go into effect forty-five days after the manufacturer, distributor, Revised Statutes of 1950, to be comprised of R.S. 22:1341 through 1346, wholesaler, factory branch, or distributor branch receives the submission relative to residential flood coverage; to provide for notice to applicants; unless, within the forty-five day period, the manufacturer, distributor, to provide for types of residential flood insurance policies; to provide for wholesaler, factory branch, or distributor branch rebuts the presumption. definitions; to provide for an alternative rate filing process; to provide an (b) If the manufacturer, distributor, wholesaler, factory branch, or effective date; and to provide for related matters. distributor branch determines from any set of qualifying repair orders Be it enacted by the Legislature of Louisiana: submitted by the dealer that the parts mark-up, labor rate, or both, calculated Section 1. Subpart D-1 of Part IV of Chapter 4 of Title 22 of the Louisiana in accordance with the provisions of this Subsection, is substantially higher Revised Statutes of 1950, comprised of R.S. 22:1341 through 1346, is hereby or lower than the rate currently on record with the manufacturer, distributor, enacted to read as follows: wholesaler, factory branch, or distributor branch for labor, parts, or if SUBPART D-1. RESIDENTIAL FLOOD INSURANCE applicable, both, the manufacturer, distributor, wholesaler, factory branch, §1341. Definitions or distributor branch may request in writing, within forty-five days of receipt For purposes of this Subpart, the following definitions apply: of the submitted parts mark-up or labor rate, additional repair orders for (1) “Flood” means a general and temporary condition of partial or complete a period of either thirty days prior to or thirty days subsequent to the time inundation of two or more acres of normally dry land area or of two or more for which the repair orders were submitted for purposes of establishing or properties, at least one of which is the policyholder’s property, from any of modifying a rate. The manufacturer, distributor, wholesaler, factory branch, the following: or distributor branch shall have forty-five days from receiving the additional (a) Overflow of inland or tidal waters. repair orders to rebut the presumption in accordance with the provisions (b) Unusual and rapid accumulation or runoff of surface waters from any of this Paragraph, provided that any rebuttal utilizing the additional repair source. orders shall conform to the requirements of Paragraphs (4), (5), and (8) of this (c) Mud flow. Subsection. (d) Collapse or subsidence of land along the shore of a lake or similar body (c) The manufacturer, distributor, wholesaler, factory branch, or distributor of water as a result of erosion or undermining caused by waves or currents of branch may rebut the presumption by doing all of the following: water exceeding anticipated cyclical levels that result in a flood as defined (i) Reasonably substantiating that the submission is materially inaccurate in this Paragraph. and by providing a full explanation of any and all reasons. (2) “Hurricane” means a storm system that has been declared a hurricane (ii) Producing evidence validating each reason. by the National Hurricane Center of the National Weather Service. (iii) Producing a copy of all calculations used to demonstrate any material (3) “Named storm” means a storm system that has been declared a named inaccuracies. storm by the National Hurricane Center of the National Weather Service. (iv) Producing a proposed adjusted parts mark-up, labor rate, or if (4) “Residential flood coverage” means insurance for the peril of flood for applicable, both, based upon the qualified repair orders submitted by the homeowner’s, condominium owner’s, renter’s, and tenant’s dwelling, mobile dealer. home, and manufactured housing, and similar policies. (10) Subject to the provisions of Paragraph (9) of this Subsection, the (5) “Separate named storm or hurricane deductible” means a deductible manufacturer, distributor, wholesaler, factory branch, or distributor branch that applies to flood damage incurred during a named storm or hurricane shall not submit more than one rebuttal to the dealer and shall not add to, and may be expressed as a percentage of the insured value of the property expand, supplement, or otherwise modify any element, including but not or as a specific dollar amount. All of the following shall apply to a separate limited to any grounds for contesting the parts mark-up or labor rate, except deductible: upon the discovery of relevant information that was not known or could not (a) The insurer shall not apply the separate named storm or hurricane have been known at the time of issuing the rebuttal. deductible in addition to another deductible. (11) If the dealer and the manufacturer, distributor, wholesaler, factory (b) There shall be one separate named storm or hurricane deductible in branch, or distributor branch do not agree on the parts mark-up or labor rate, a calendar year, which shall apply to all named storm or hurricane losses the dealer may file a protest with the Louisiana Motor Vehicle Commission during the calendar year. within sixty days of receiving the manufacturer’s rejection and proposal. The (c) The insurer may apply to later flood loss events the greater of the commission shall notify the manufacturer, distributor, wholesaler, factory remaining amount of the separate named storm or hurricane deductible or branch, or distributor branch and schedule a hearing. The manufacturer, the amount of any other standard flood deductible. distributor, wholesaler, factory branch, or distributor branch shall have (d) The insurer may require policyholders to maintain receipts or other the burden of proving by a preponderance of the evidence that the dealer’s records of such losses in order to apply such losses to a subsequent flood loss submitted parts mark-up or labor rate was materially inaccurate as described incurred during a named storm or hurricane claims. in Paragraph (9) of this Subsection. If the Louisiana Motor Vehicle Commission (6) “Standard flood deductible” means a deductible that applies to flood decides in favor of the dealer, any increase in the dealer’s parts mark-up damage incurred during any event and may be expressed as a percentage of or labor rate shall be effective, retroactively, forty-five days following the the insured value of the property or as a specific dollar amount. manufacturer, distributor, wholesaler, factory branch, or distributor branch’s §1342. Applicability receipt of the original submission. A. Notwithstanding any provision of law to the contrary, this Subpart shall (12) If a manufacturer, distributor, wholesaler, factory branch, or distributor govern the regulation of any insurance policy, contract, or endorsement branch furnishes a part to a dealer, at either no cost or a reduced cost, to providing residential flood coverage on any structure or the contents of use in performing warranty work, the manufacturer, distributor, wholesaler, personal property contained therein. factory branch, or distributor branch shall compensate the dealer for the part B. This Subpart does not apply to either of the following: in the same manner as warranty parts compensation under this Section by (1) Commercial lines insurance. compensating the dealer on the basis of the dealer’s mark-up on the cost for (2) Surplus lines insurance. the part as listed in the manufacturer, distributor, wholesaler, factory branch, C. Louisiana Citizens Property Insurance Corporation shall not provide or distributor branch’s price schedule, minus the cost for the part. residential flood coverage. (13) A manufacturer, distributor, wholesaler, factory branch, or distributor §1343. Residential flood coverage; notices; plan of operation branch may not require a dealer to establish the parts mark-up or labor In addition to other requirements, an insurer providing residential flood rate customarily charged by the dealer for parts or labor by an unduly coverage shall do all of the following: burdensome or time-consuming method or by requiring information that is (1) Notify the commissioner at least thirty days before writing residential THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 39 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. flood policies in this state. change and is subject to examination by the commissioner. The commissioner (2) File a plan of operation, financial projections, and any revisions to may require the insurer to incur the costs associated with an examination. either, as applicable, with the commissioner. Upon examination, the commissioner, in accordance with generally accepted (3) Note prominently on the policy declarations page the residential flood and reasonable actuarial techniques, shall consider the rate factors and coverage premiums, deductibles, and policy limits. standards in R.S. 22:1454, to determine if the rate is excessive, inadequate, or (4) Notify the commissioner in writing at least sixty days prior to the unfairly discriminatory. market end date of residential flood coverage and advise regarding all of the (e) If the commissioner determines that a rate is excessive or unfairly following: discriminatory, the commissioner shall require the insurer to provide (a) If an approved policy form will no longer be marketed in this state. appropriate credit to any affected policyholders and an appropriate refund (b) If an approved policy form will be permanently withdrawn from this to any affected former policyholders. state. §1346. Notices regarding flood coverage (c) Whether residential flood coverage issued in this state under a A.(1) A producer shall provide written notice to be signed by the applicant discontinued or withdrawn policy form will remain in force. before a producer places residential flood coverage with an authorized (d) Whether existing residential flood coverage issued in this state under a or surplus lines insurer for a property receiving flood coverage from the discontinued or withdrawn policy form will continue to be renewed. National Flood Insurance Program. The notice required by this Subsection (e) The policy form numbers being discontinued or withdrawn and the shall inform the applicant of all of the following: dates of original approval. (a) Coverage under the National Flood Insurance Program is provided at a §1344. Residential flood coverage; policy types subsidized rate. A. In addition to excess flood insurance, insurers may issue any of the (b) If the applicant discontinues coverage under the National Flood following types of residential flood coverage: Insurance Program, the full risk rate may apply to the property if the applicant (1) Standard flood insurance, which covers only losses from the peril of flood later seeks coverage under the National Flood Insurance Program. in a manner equivalent to that provided under the National Flood Insurance (2) If an applicant does not have flood coverage, a producer shall inform the Program, including standard flood deductibles and adjustment of losses. applicant of the existence of the National Flood Insurance Program. (2) Preferred flood insurance, which includes all of the following: B.(1) An insurer writing standard flood insurance policies, preferred (a) The same coverage as standard flood insurance. flood insurance policies, customized flood insurance policies, flexible flood (b) Coverage for losses from water intrusion originating from outside the insurance policies, residential flood insurance policies using a different structure that are not otherwise covered by a flood policy. definition of “flood” than that used in R.S. 22:1341, or residential flood (c) Coverage for additional living expenses. insurance policies with terms and conditions other than those described in (d) A requirement that any loss under personal property or contents R.S. 22:1344, shall make one of the following certifications: coverage be adjusted only on the basis of replacement costs up to the policy (a) “This policy meets the definition of private flood insurance contained in limits. 42 U.S.C. 4012a(b)(7) and the corresponding regulation.” A certification made (3) Customized flood insurance, which includes coverage that is broader under this Subparagraph shall also contain a separate statement providing: than the coverage provided under standard flood insurance. “This policy provides at least the coverage of the standard flood insurance (4) Flexible flood insurance, which covers losses from the peril of flood and policy under the National Flood Insurance Program.” may also include coverage for losses from water intrusion originating from (b) “This policy does not meet the definition of private flood insurance outside the structure, that is not otherwise covered. Flexible flood insurance contained in 42 U.S.C. 4012a(b)(7) and the corresponding regulation.” A shall include one or more of the following provisions: certification made under this Subparagraph shall also contain a separate (a) An agreement between the insurer and the insured that the flood statement providing: “This policy provides less coverage than the standard coverage is in a specified amount, such as coverage that is limited to the total flood insurance policy under the National Flood Insurance Program.” amount of each outstanding mortgage applicable to the covered property. (2) The certifications required pursuant to this Subsection shall be in (b) A requirement for a separate named storm or hurricane deductible. writing on the declarations page of the policy in bold typed print of not less (c) A requirement that flood loss to a dwelling be adjusted in accordance than a fourteen point font. with R.S. 22:1264 or adjusted only on the basis of the actual cash value of the Section 2. This Act shall become effective January 1, 2022. property. Approved by the Governor, June 4, 2021. (d) A restriction limiting residential flood coverage to the principal building A true copy: defined in the policy. R. Kyle Ardoin (e) A provision including or excluding coverage for additional living Secretary of State expenses. ------(f) A provision excluding coverage for personal property and contents as to the peril of flood. ACT No. 78 (5) Supplemental flood insurance, which may provide coverage designed - - - to supplement a flood policy obtained from the National Flood Insurance HOUSE BILL NO. 593 Program or from an insurer issuing standard or preferred flood insurance BY REPRESENTATIVE TRAVIS JOHNSON pursuant to this Section. Supplemental flood insurance may provide coverage AN ACT for any of the following: To amend and reenact R.S. 32:125(B)(introductory paragraph) and 327(B), (a) Jewelry. relative to passing a parked emergency vehicle; to provide relative to the (b) Art. Department of Transportation and Development displaying certain lights; (c) Deductibles. to provide for an effective date; and to provide for related matters. (d) Additional living expenses. Be it enacted by the Legislature of Louisiana: (e) Other coverage permitted by law. Section 1. R.S. 32:125(B)(introductory paragraph) and 327(B) are hereby B. An insurer writing residential flood policies may issue flood insurance amended and reenacted to read as follows: that covers losses from the peril of flood using either or both of the following: §125. Procedure on approach of an authorized emergency vehicle; passing (1) A definition of “flood” other than that in R.S. 22:1341. a parked emergency vehicle (2) Terms and conditions other than those used in the policy types described * * * in Subsection A of this Section. B. When any vehicle making use of any visual signals as authorized by law, C. Notwithstanding Subsections A and B of this Section, insurers offering including the display of alternately flashing amber green, amber, or yellow private flood insurance may continue using policy forms filed and approved warning lights, is parked on or near the highway, the driver of every other before January 1, 2022. vehicle shall: §1345. Residential flood coverage; rates * * * For an insurer writing residential flood coverage, either of the following §327. Special restrictions on lamps shall apply: * * * (1) An insurer may establish and use residential flood coverage rates in B. No person shall drive or move any vehicular equipment upon any highway accordance with the provisions of R.S. 22:1451 and 1454. of this state with any lamp or device thereon displaying a red or green light (2) For residential flood coverage rates filed with the commissioner before visible from directly in front of the center thereof. This section Section shall January 1, 2027, all of the following shall apply: not apply to any vehicle upon which a red or green light visible from the (a) An insurer shall establish and use rates in accordance with the rates, front is expressly authorized or required by this Chapter or by regulation of rating schedules, or rating manuals filed by the insurer with the commissioner the department. Additionally, this Section shall not apply to any department which allow the insurer a reasonable rate of return on residential flood vehicle displaying green lights. coverage written in this state. * * * (b) Rates established pursuant to this Paragraph are not subject to R.S. Section 2. This Act shall become effective upon signature by the governor 22:1451. or, if not signed by the governor, upon expiration of the time for bills to (c) Within thirty days after the effective date of the change, the insurer shall become law without signature by the governor, as provided by Article III, notify the commissioner of any change to previously established rates and of Section 18 of the Constitution of Louisiana. If vetoed by the governor and the average statewide percentage change in rates. subsequently approved by the legislature, this Act shall become effective on (d) Actuarial data with regard to rates for residential flood coverage shall the day following such approval. be maintained by the insurer for two years after the effective date of the rate Approved by the Governor, June 4, 2021. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 40 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. A true copy: Approved by the Governor, June 4, 2021. R. Kyle Ardoin A true copy: Secretary of State R. Kyle Ardoin ------Secretary of State ------ACT No. 79 - - - ACT No. 80 HOUSE BILL NO. 595 - - - BY REPRESENTATIVE DUSTIN MILLER AND SENATORS BOUDREAUX, HOUSE BILL NO. 697 CLOUD, AND HENSGENS (Substitute for House Bill No. 628 by Representative Stefanski) AN ACT BY REPRESENTATIVES STEFANSKI, BOURRIAQUE, BRASS, BROWN, To amend and reenact R.S. 22:1874(A)(5)(a)(introductory paragraph) and (ii) BRYANT, DESHOTEL, FONTENOT, HOLLIS, JEFFERSON, TRAVIS and R.S. 46:460.62(A)(introductory paragraph) and (2) and to enact R.S. JOHNSON, LACOMBE, MARINO, PIERRE, AND STAGNI AND SENATORS 22:1874(A)(5)(a)(iii), relative to the payment of claims made by healthcare ABRAHAM AND HENSGENS providers prior to credentialing; to deem a new healthcare provider as an AN ACT in-network provider for certain purposes; to repeal the requirement that To amend and reenact R.S. 13:4721, R.S. 14:90.5(A) through (C), R.S. 27:3(10), a new healthcare provider submit proof of active hospital privileges; to (15), (17), and (19), 15(D) and (E), 29.1(D) and (E), 29.2(A), (B), (D), and (E), require a new healthcare provider to submit proof of membership on a 29.3(A), 29.4(D), R.S. 47:9001, 9002, 9006(B), 9009(B)(1) and (C), 9010(E), 9015(D), hospital medical staff; to provide for exceptions; to provide for an effective and 9029(A)(1) and to enact R.S. 14:90(E) and 90.3(K), R.S. 27:92(D), Part date; and to provide for related matters. IV of Chapter 10 of Title 27 of the Louisiana Revised Statutes of 1950, to Be it enacted by the Legislature of Louisiana: be comprised of R.S. 27:621 through 627, and Chapter 10 of Title 47 of the Section 1. R.S. 22:1874(A)(5)(a)(introductory paragraph) and (ii) are hereby Louisiana Revised Statutes of 1950, to be comprised of R.S. 47:9091 through amended and reenacted and R.S. 22:1874(A)(5)(a)(iii) is hereby enacted to 9107, relative to sports wagering; to provide for definitions; to authorize read as follows: sports wagering; to require certain licenses and permits; to require certain §1874. Billing by contracted healthcare providers fees; to levy certain taxes; to provide relative to the administration of A. sports wagering gaming; to provide relative to duties and powers of the * * * Louisiana Gaming Control Board; to provide relative to duties and powers (5)(a) Under certain circumstances and when the provisions of of the gaming division in the office of state police; to provide relative to Subparagraph (b) of this Paragraph are met, a health insurance issuer duties and powers of the Louisiana Lottery Corporation; to provide for contracting with a group of healthcare providers that bills a health insurance the collection and disposition of certain monies; to create the Sports issuer utilizing a group identification number, such as the group federal tax Wagering Enforcement Fund; to create the Lottery Sports Wagering Fund; identification number or the group National Provider Identifier as set forth to authorize electronic sports wagering; to provide for a public records in 45 CFR 162.402 et seq., shall pay the contracted reimbursement rate of the exception; to provide relative to legislative intent; to provide relative to provider group for covered healthcare services rendered by a new provider administrative rules; to provide relative to contracts; to provide relative to to the group, without healthcare provider credentialing as described in R.S. suitability; to provide relative to sports wagering mechanisms; to provide 22:1009. In addition, the health insurance issuer shall consider the new relative to sports wagering winnings and prizes; to provide relative to sports provider to be an in-network or participating provider for the purposes of wagering tickets; to provide relative to state revenues; to provide relative any utilization management or prior authorization processes required by the to gambling houses; to provide relative to gambling; to provide for certain health insurance issuer for that provider group. This provision shall apply in requirements, conditions, and limitations; to provide for effectiveness; and either of the following circumstances: to provide for related matters. * * * Be it enacted by the Legislature of Louisiana: (ii) When the health insurance issuer has received the required Section 1. R.S. 13:4721 is hereby amended and reenacted to read as follows: credentialing application and information, including proof of active hospital §4721. Gambling houses; definition; declared public nuisances privileges membership on a hospital medical staff, from the new provider A. For the purposes of this Sub-part, Subpart, or for the purposes of any and the issuer has not notified the provider group that credentialing of the action or prosecution hereunder in this Section, a gambling house is either: new provider has been denied. (1) any Any place whatever whatsoever where any game of chance of any (iii) If the new provider is an advanced practice registered nurse or a kind or character is played for money, for wagers, or for tokens, and where physician assistant licensed in Louisiana, proof of membership on a hospital the conduct of such place operates, directly or indirectly, to the profit of medical staff shall not be required if the provider provides a written one or more individuals and not exclusively to the direct profit of the actual attestation identifying the collaborating or supervising physician, if a participants in such game; and. physician relationship is required by law. (2) any Any place whatsoever where races, athletic contests, and sports, and * * * games are not actually held and where opportunity is afforded for wagering Section 2. R.S. 46:460.62(A)(introductory paragraph) and (2) are hereby upon races, athletic contests, sports, and games of chance. amended and reenacted to read as follows: B. All gambling houses as herein definedin this Section are declared to §460.62. Interim credentialing requirements be public nuisances, and the owner owners thereof, and the agent agents for A. Under certain circumstances and when the provisions of this such owner, owners, or the lessee, sublessee lessees, sublessees, or other Subsection are met, a managed care organization contracting with a group of occupants thereof are declared to be guilty of maintaining a public nuisance. healthcare providers that bills a managed care organization utilizing a group C. The provisions of this Subpart shall not apply to any place where sports identification number, such as the group federal tax identification number wagering is conducted in accordance with Chapter 10 of Title 47 of the or the group National Provider Identifier as set forth in 45 CFR 162.402 et Louisiana Revised Statutes of 1950. seq., shall pay the contracted reimbursement rate of the provider group Section 2. R.S. 14:90.5(A) through (C) are hereby amended and reenacted for covered healthcare services rendered by a new provider to the group and R.S. 14:90(E) and 90.3(K) are hereby enacted to read as follows: without healthcare provider credentialing as described in this Subpart. In §90. Gambling addition, the managed care organization shall consider the new provider to * * * be an in-network or participating provider for the purposes of any utilization E. Sports wagering shall not be considered gambling for purposes of this management or prior authorization processes required by the health Section so long as the wagering is conducted in compliance with Chapter 10 insurance issuer for that provider group. This provision shall apply in either of Title 47 of the Louisiana Revised Statutes of 1950. of the following circumstances: * * * * * * §90.3. Gambling by computer (2) When the managed care organization has received the required * * * credentialing application that is correctly and fully completed and K. Sports wagering shall not be considered gambling by computer for information, including proof of active hospital privileges membership purposes of this Section so long as the wagering is conducted in compliance on a hospital medical staff from the new provider, and the managed care with Chapter 10 of Title 47 of the Louisiana Revised Statutes of 1950. organization has not notified the provider group that credentialing of * * * the new provider has been denied. If the new provider is an advanced §90.5. Unlawful playing of gaming devices by persons under the age of practice registered nurse or a physician assistant licensed in Louisiana, twenty-one; underage persons, penalty proof of membership on a hospital medical staff shall not be required, if A. It is unlawful for any person under twenty-one years of age to play casino the provider provides a written attestation identifying the collaborating or games, gaming devices, or slot machines or to place a wager on a sports event. supervising physician, if a physician relationship is required by law. B. No person under the age of twenty-one, except an emergency responder * * * acting in his official capacity, shall enter, or be permitted to enter, the Section 3. This Act shall become effective upon signature by the governor designated gaming area of a riverboat, the designated gaming area of the or, if not signed by the governor, upon expiration of the time for bills to official gaming establishment, or the designated slot machine gaming area become law without signature by the governor, as provided by Article III, of a pari-mutuel wagering facility which offers live horse racing licensed for Section 18 of the Constitution of Louisiana. If vetoed by the governor and operation and regulated under the applicable provisions of Chapters 4, 5, and subsequently approved by the legislature, this Act shall become effective on 7 of Title 27 of the Louisiana Revised Statutes of 1950. the day following such approval. C.(1) For purposes of this Section, “casino games, gaming devices, or slot THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 41 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. machines” means a game or device, as defined in R.S. 27:44(10) or (12), 205(12) issuance of the permit thereafter. or (13), or 353(14) R.S. 27:44, 205, or 353 operated on a riverboat, at the official E. The annual fee for a manufacturer of gaming equipment other than slot gaming establishment, or at a pari-mutuel wagering facility which offers machines, sports wagering mechanisms, and video draw poker devices permit live horse racing which is licensed for operation and regulated under the issued under the provisions of this Section is seven thousand five hundred provisions of Chapters 4, 5, and 7 of Title 27 of the Louisiana Revised Statutes dollars. This fee is required to be submitted at the time of application and on of 1950. the anniversary date of the issuance of the permit thereafter. (2) For purposes of this Section, “place a wager on a sports event” shall §29.2. Gaming supplier permits apply to wagers attempted to be or actually placed via a self-service sports A. The board shall issue a gaming supplier permit to suitable persons wagering mechanism, or via a mobile application as defined in R.S. 47:9002 who supply, sell, lease, or repair, or contract to supply, sell, lease, or repair and operations are regulated under the provisions of Chapter 10 of Title 47 of gaming devices, equipment, and supplies to the holder of a license as defined the Louisiana Revised Statutes of 1950. in R.S. 27:44(14), R.S. 27:353(5) or R.S. 27:44 or 353, the casino gaming operator, * * * or a sports wagering operator as defined in R.S. 27:602. A person shall not Section 3. R.S. 27:3(10), (15), (17), and (19) , 15(D) and (E), 29.1(D) and (E), 29.2(A), supply, sell, lease, or repair or contract to supply, sell, lease, or repair gaming (B), (D), and (E), 29.3(A), and 29.4(D) are hereby amended and reenacted and devices, equipment, and supplies unless they possess a valid gaming supplier R.S. 27:92(D) and Part IV of Chapter 10 of Title 27 of the Louisiana Revised permit. Statutes of 1950, comprised of R.S. 27:621 through 627, are hereby enacted to B. Gaming devices, supplies, or equipment may not be distributed to the read as follows: holder of a license as defined in R.S. 27:44(14), R.S. 27:353(5) or a R.S. 27:44 or §3. Definitions 353, the casino gaming operator, a sports wagering operator as defined in R.S. For the purposes of this Title, the following terms have the following 27:602, or supplier unless such devices, equipment, or supplies conform to meanings, unless the context clearly indicates otherwise: rules adopted by the board for such purpose. * * * * * * (10) “Gaming supplier” means any person who supplies, sells or leases, or D. A supplier shall furnish to the board a list of any gaming equipment and contracts to sell or lease, gaming devices, equipment, or supplies to a holder supplies offered by the supplier for sale or lease in connection with games of a license as defined in R.S. 27:44(14), R.S. 27:353(5), R.S. 27:44, 353, or 602, authorized under this Title. A supplier shall keep books and records for the or to the casino gaming operator. “Gaming supplier” shall also include any furnishing of gaming equipment and supplies to gaming operations separate person or entity that supplies geolocation, geofencing, or patron identification and distinct from any other business that the supplier might operate. A services to the holder of a license as defined in R.S. 27:44, 353, or 602, or to the supplier shall file a quarterly return with the board listing all sales and casino gaming operator. leases. A supplier shall permanently affix its name to all its gaming devices, * * * equipment, and supplies for gaming operations unless otherwise authorized (15) “Key gaming employee” or “managerial employee” means an employee, by the board. Any supplier’s gaming devices, equipment, or supplies which agent, or representative of the casino gaming operator, or of a holder of a are used by any person in unauthorized gaming operations shall be forfeited license as defined inR.S. 27:44(14), R.S. 27:353(5), R.S. 27:44, 353, or 602, or to the board. The holder of a license as defined in R.S. 27:44(14), R.S. 27:353(5), a permittee whether or not a gaming employee who, in the opinion of the R.S. 27:44, 353, or 602, and the casino gaming operator may own its own gaming board or division, holds or exercises critical or significant management devices, equipment, and supplies. Each supplier, the holder of a license as or operating authority over the casino gaming operator, or of a holder of a defined in R.S. 27:44(14), R.S. 27:353(5), R.S. 27:44, 353, or 602, and the casino license as defined in R.S. 27:44(13), R.S. 27:353(6), R.S. 27:44, 353, or 602, or a operator shall file an annual report with the board listing its inventories of permittee. gaming devices, equipment, and supplies. * * * E.(1) The annual fee for a gaming supplier permit issued under the (17) “Non-key gaming employee” means a person employed in the provisions of this Section is three thousand dollars. This fee is required to operation of a gaming activity and includes employees empowered to make be submitted at the time of application and on the anniversary date of the discretionary decisions that regulate gaming activities, and any individual issuance of the permit thereafter. whose employment duties require or authorize access to designated gaming (2) The fee provided for in this Section shall not apply to any suitable areas of a licensee as defined in R.S. 27:44(14), R.S. 27:353(5), R.S. 27:44, 353, or business or legal entity that markets, buys, sells, leases, services, or repairs 602, or the official gaming establishment, other than non-gaming equipment sports wagering mechanisms in this state. The fee for the permit provided for maintenance personnel, cleaning personnel, waiters, waitresses, and in this Section for such entities shall be provided for in R.S. 27:624. secretaries. (3) The fee provided for in this Section shall not apply to any suitable * * * business or legal entity that engages in support services for the operation (19) “Non-gaming supplier” means any person who sells, leases, or otherwise of a sports book on behalf of an operator in this state. The fee for the permit distributes, directly or indirectly, goods or services other than gaming provided for in this Section for such entities shall be provided for in R.S. equipment and supplies to the holder of a license, as defined in R.S. 27:44(14), 27:623. R.S. 27:353(5), R.S. 27:44, 353, or 602, or the casino gaming operator. §29.3. Non-gaming supplier permit * * * A.(1) The division shall issue a non-gaming supplier permit to suitable §15. Board's authority; responsibilities persons who furnish services or goods and receive compensation or * * * remuneration for such goods or services to the holder of a license as D. In addition to or in lieu of the revocation or suspension of a license or defined in R.S. 27:44 and or 353, or the casino gaming operator., or a sports permit issued pursuant to the provisions of the Louisiana Riverboat Economic wagering operator as defined in R.S. 27:602. The board shall promulgate Development and Gaming Control Act, the Louisiana Economic Development rules establishing the threshold amount of goods and services for which and Gaming Corporation Act, the Pari-mutuel Live Racing Facility Economic a non-gaming supplier permit is required. Such services include but are Redevelopment and Gaming Control Act, the Louisiana Sports Wagering Act, not limited to industries offering goods or services whether or not directly and this Chapter, the board may impose upon the casino gaming operator or related to gaming activity, including junket operators and limousine services the holder of a license as defined in R.S. 27:44 or, 353, or 602, or a permittee a contracting with the holder of a license as defined in R.S. 27:44 and or 353, civil penalty not to exceed one hundred thousand dollars for each violation or the casino gaming operator, or a sports wagering operator as defined in of any provision of the Louisiana Riverboat Economic Development and R.S. 27:602, suppliers of food and nonalcoholic beverages, gaming employee Gaming Control Act, the Louisiana Economic Development and Gaming or dealer training schools, garbage handlers, vending machine providers, Corporation Act, the Louisiana Pari-mutuel Live Racing Facility Economic linen suppliers, or maintenance companies. Any employee or dealer training Redevelopment and Gaming Control Act, the Louisiana Sports Wagering Act, school, other than employee or training schools conducted by a licensee, or this Chapter, or any rule or regulation of the board. Payment of the civil the casino gaming operator, shall be conducted at an institution approved penalty shall be a requirement for the retention of any permit, certificate, or by the Board of Regents or the State Board of Elementary and Secondary license held by the entity which violated any such provisions. If the licensee Education. contests the imposition of the civil penalty, the penalty shall be imposed only (2) Any person who, directly or indirectly, furnishes services or goods to the after an adjudicatory hearing is conducted pursuant to R.S. 27:25 and a basis holder of a license as defined in R.S. 27:44 and or 353, or the casino gaming for imposition of the penalty is determined to exist. operator, or a sports wagering operator as defined in R.S. 27:602, regardless of E. The board by rule may adopt a schedule of penalties for violations of the dollar amount of the goods and services furnished or who has a business the Louisiana Riverboat Economic Development and Gaming Control Act, association with the holder of a license as defined in R.S. 27:44 and or 353, or the Louisiana Economic Development and Gaming Corporation Act, the Pari- the casino operator, or a sports wagering operator as defined in R.S. 27:602, mutuel Live Racing Facility Economic Redevelopment and Gaming Control may be required by the board or division, where applicable, to be found Act, the Louisiana Sports Wagering Act, this Chapter, or any rule or regulation suitable or apply for a non-gaming supplier permit. Failure to supply all of the board. Any such rules shall be adopted pursuant to the Administrative information required by the board or division, where applicable, may result Procedure Act and as otherwise provided in this Chapter. in a finding of unsuitability or denial of a non-gaming supplier permit. * * * * * * §29.1. Manufacturer; permits §29.4. Key and non-key gaming employee permit * * * * * * D. The annual fee for a manufacturer of slot machines, sports wagering D. The holder of a key or non-key gaming employee permit issued under mechanisms, and video draw poker devices permit issued under the this Title shall be authorized to work in the capacity for which permitted for provisions of this Section is fifteen thousand dollars. This fee is required the holder of a license as defined in R.S. 27:44(14), R.S. 27:353(5), or R.S. 27:44 to be submitted at the time of application and on the anniversary date of the or 353, the casino gaming operator., or a sports wagering operator as defined THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 42 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. in R.S. 27:602. §626. Sports Wagering Enforcement Fund * * * A. There is hereby created in the state treasury a special fund designated §92. Collection and disposition of fees as the “Sports Wagering Enforcement Fund”, hereafter referred to as the * * * “fund”. After allocation of money to the Bond Security and Redemption D. The provisions of this Section shall not apply to any monies collected Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, relative to sports wagering. the treasurer shall deposit in and credit to the fund monies from license, * * * application, and permit fees collected pursuant to this Part. Monies in the CHAPTER 10. SPORTS WAGERING fund shall be invested in the same manner as monies in the state general PART IV. FEES, TAXES, AND COLLECTIONS fund. Interest earned on investment of monies in the fund shall be deposited §621. Sports wagering license fee in and credited to the fund. Unexpended and unencumbered monies in the A. The initial application fee for a sports wagering license shall be two fund shall remain in the fund. Monies in the fund shall be appropriated, hundred fifty thousand dollars and shall be non-refundable. The initial administered, and used solely as provided in this Section. application fee shall be submitted at the time of application. B. The monies in the fund shall be withdrawn only pursuant to appropriation B. The license fee for a sports wagering license issued pursuant to R.S. by the legislature and shall be used solely for the expenses of the Department 27:604, shall be five hundred thousand dollars. The license shall be for a term of Public Safety and Corrections, the Department of Justice, and the Louisiana of five years. The license fee shall be submitted on the anniversary date of Gaming Control Board, including regulatory, administrative, investigative, the issuance of the license every five years. The first license payment shall be enforcement, legal, and other expenses as may be necessary to carry out the submitted at the time of application. provisions of this Chapter and the rules of the board. C. The division shall collect all fees imposed or assessed pursuant to the §627. Promotional play provisions of this Section and deposit the fees into the Sports Wagering Eligible promotional play shall be equal to the amount of dollars directly Enforcement Fund established in R.S. 27:626. attributable to promotional play wagers related to sports wagering and §622. Sports wagering platform provider permit fee actually redeemed by players and patrons. Eligible promotional play shall A. The initial application fee for a sports wagering platform provider not exceed an amount of five million dollars per calendar year. permit shall be one hundred thousand dollars and shall be non-refundable. Section 4. R.S. 47:9001, 9002, 9006(B), 9009(B)(1) and (C), 9010(E), 9015(D), and The initial application fee shall be submitted at the time of application. 9029(A)(1) are hereby amended and reenacted and Chapter 10 of Title 47 of B. The permit fee for a sports wagering platform provider permit issued the Louisiana Revised Statutes of 1950, comprised of R.S. 47:9091 through pursuant to R.S. 27:605, shall be two hundred fifty thousand dollars. The 9107, is hereby enacted to read as follows: permit shall be for a term of five years. The permit fee shall be submitted on §9001. Statement of purpose and intent the anniversary date of the issuance of the permit every five years. The first A. The legislature hereby recognizes that the operations of a state lottery permit payment shall be submitted at the time of application. are unique activities for state government and that a corporate structure will C. The division shall collect all fees imposed or assessed pursuant to the best enable the lottery to be managed in an entrepreneurial and business- provisions of this Section and deposit the fees into the Sports Wagering like manner. It is the intent of the legislature that the Louisiana Lottery Enforcement Fund established in R.S. 27:626. Corporation shall be accountable to the governor, the legislature, and the §623. Sports wagering service provider permit fee people of the state through a system of audits, reports, legislative oversight, A. The initial application fee for a sports wagering service provider permit and thorough financial disclosure as required by this Subtitle. shall be ten thousand dollars and shall be non-refundable. The initial B. The legislature hereby recognizes that, similar to other states, the application fee shall be submitted at the time of application. Louisiana Lottery Corporation is uniquely positioned to participate in the B. The permit fee for a sports wagering service provider permit issued sports wagering industry based upon its business model, infrastructure, pursuant to R.S. 27:29.2, shall be twelve thousand five hundred dollars. The and current relationship with retail establishments. The legislature also permit shall be for a term of five years. The permit fee shall be submitted on recognizes that allowing the state lottery to participate in sports wagering the anniversary date of the issuance of the permit every five years. The first may generate additional state revenue. The Louisiana Lottery Corporation permit payment shall be submitted at the time of application. through an operator shall operate and administer a sports book which shall C. The division shall collect all fees imposed or assessed pursuant to the be a separate and distinct responsibility and operation from lottery gaming. provisions of this Section and deposit the fees into the Sports Wagering Any sports wagering offered to consumers in this state pursuant to this Enforcement Fund established in R.S. 27:626. Subtitle shall exclusively be through electronic means including a website, §624. Sports wagering distributor permit fee mobile application, or sports wagering mechanism. A. The initial application fee for a sports wagering distributor permit shall §9002. Definitions be five thousand dollars and shall be non-refundable. The initial application As used in this Subtitle, the following words and phrases shall have the fee shall be submitted at the time of application. following meanings unless the context clearly requires otherwise: B. The permit fee for a sports wagering distributor permit issued pursuant (1) “Corporation” means the Louisiana Lottery Corporation. to R.S. 27:29.2, shall be two thousand five hundred dollars. The permit shall be (2) “Lottery” means any game of chance approved by the corporation and for a term of five years. The permit fee shall be submitted on the anniversary operated pursuant to this Chapter. date of the issuance of the permit every five years. The first permit payment (3) “Major procurement” means any item, product, or service in the amount shall be submitted at the time of application. of one hundred thousand dollars or more, including but not limited to major C. The division shall collect all fees imposed or assessed pursuant to the advertising contracts, annuity contracts, prize products, and services unique provisions of this Section and deposit the fees into the Sports Wagering to the Louisiana lottery, but not including materials, supplies, equipment, Enforcement Fund established in R.S. 27:626. and services common to the ordinary operations of a corporation. §625. State tax; levy (4) “Net proceeds” means gross lottery revenues minus amounts paid or A. There is hereby levied a ten percent tax upon the net gaming proceeds estimated to be paid as prizes and expenses of operation of the lottery. from sports wagering offered to consumers within this state pursuant to this (5) “Person” means any individual, corporation, partnership, unincorporated Title conducted onsite at a licensed sports wagering establishment. Any association, or other legal entity. sports wagering conducted through a mobile application or a website on the (6) “President” means the president of the Louisiana Lottery Corporation, premises of a licensed sports wagering establishment shall be considered who shall also serve as chief executive officer of the corporation. electronic wagering and shall be taxed pursuant to Subsection B of this (7) “Retailer” means any person with whom the corporation has contracted Section. to sell lottery tickets to the public. B. There is hereby levied a fifteen percent tax upon the net gaming proceeds (8) “Security” means the protection of information that would provide an from sports wagering offered to consumers within this state pursuant to this unfair advantage to any individual involved in the operation of the lottery, Title electronically through a website or mobile application. The provisions protection and preservation of the integrity of lottery games and operations, of this Subsection shall not apply to electronic sports wagering conducted as well as measures taken to prevent crimes against the corporation and its through a sports wagering mechanism. retailers. C. Within twenty days of the last day of each calendar month the division (9) “Vendor” means any person who has entered into a major procurement shall collect the taxes imposed pursuant to the provisions of this Section for contract with the corporation. the immediately preceding calendar month. (1) “Anti-money laundering standards” or “AML” means the requirements D. All taxes collected by the division pursuant to this Section, shall be and guidelines provided in the federal Bank Secrecy Act of 1970, as amended, forwarded upon receipt to the state treasurer for immediate deposit into the and the Anti-Money Laundering Act of 2020, as amended, for the prevention state treasury. Funds deposited into the treasury shall first be credited to the and detection of money laundering and the financing of terrorism. Bond Security and Redemption Fund in accordance with Article VII, Section (2) “Applicant” means a person, business, or legal entity who has submitted 9(B) of the Constitution of Louisiana. an application to the corporation seeking a permit or the renewal of a permit. E. In a month when the amount of net gaming proceeds of an operator (3) “Application” means the forms and schedules prescribed by the from sports wagering is a negative number, the operator may carry over the corporation upon which an applicant seeks a permit or the renewal of a negative amount to the return filed for the subsequent month. However, no permit. An application shall also include any other information or fee amount shall be carried over in any period more than twelve months after the required by the corporation to be submitted with an application such as month in which the amount carried over was originally due. disclosure statements, financial statements, and any type of fee. F. The provisions of this Section shall not apply to any sports wagering (4) “Board” means the board of directors of the Louisiana Lottery offered in this state by the Louisiana Lottery Corporation pursuant to Title Corporation. 47. (5) “Corporation” means the Louisiana Lottery Corporation. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 43 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. (6) “Distributor” means a permitted business or legal entity that is (30) “Vendor” means any person who has entered into a major procurement domiciled in this state and markets, buys, sells, leases, services, or repairs contract with the corporation. sports wagering mechanisms in this state. * * * (7) “Electronic sports wagering” means sports wagering via a sports §9006. Records of corporation deemed open; exceptions wagering mechanism on the premises of a permitted retail establishment or * * * via a website or mobile application. B.(1) Records pertaining to the security of lottery operations, whether (8) “Lottery” means any game of chance approved by the corporation and current or proposed, the security director, and the security division of the operated pursuant to this Chapter and shall not include sports wagering corporation shall be deemed to be records containing security procedures, authorized pursuant to this Subtitle. investigative techniques, or internal security information for purposes of (9) “Major procurement” means any item, product, or service in the amount R.S. 44:3(A)(3). of one hundred thousand dollars or more, including but not limited to major (2) Notwithstanding any provision to the contrary, sports wagering account advertising contracts, annuity contracts, prize products, and services unique records on individual players shall not be open to public inspection and to the Louisiana lottery, but not including materials, supplies, equipment, shall be deemed records collected or obtained for threat or vulnerability and services common to the ordinary operations of a corporation. assessments in the prevention of terrorist-related activity or internal security (10) “Mobile application” means an application on a mobile phone or other purposes for purposes of R.S. 44:3(A)(3). device through which a player is able to register, fund, and place a wager with * * * an operator on a sports event and receive a credit on their sports wagering §9009. Conduct and administration of lottery games; powers and duties of account. corporation; authorized contracts (11) “Mobile wagering” means wagering on a sports event through a website * * * or mobile application. B. The corporation shall: (12) “Net gaming proceeds” means the amount equal to the total gross (1) Supervise and administer the lottery and sports wagering in accordance revenue of all sports wagers placed by patrons less the total amount of all with the provisions of this Subtitle and the administrative regulations winnings paid out to patrons. adopted by the board. (13) “Net proceeds” means gross lottery revenues less amounts paid or * * * estimated to be paid as prizes and expenses of operation of the lottery. C. There shall be no liability on the part of and no cause of action shall (14) “Patron” or “player” means an individual who places a wager on a arise against the corporation, its governing board, staff, agents, vendors, or sports event. employees, arising out of or in connection with the issuance, failure to issue, (15) “Permit” means any permit or authorization, or application therefor, or delivery of a lottery or sports wagering ticket. issued pursuant to the provisions of this Subtitle. §9010. Powers and obligations of corporation's president; residence in (16) “Permittee” means any person who is issued a permit pursuant to the Louisiana; ongoing study authorized provisions of this Subtitle. * * * (17) “Person” means any individual, corporation, partnership, E.(1) The president shall require bond from corporate employees with unincorporated association, or other legal entity. access to corporate funds or lottery funds, in such an amount as provided in (18) “President” means the president of the Louisiana Lottery Corporation, the administrative regulations of the board. who shall also serve as chief executive officer of the corporation. (2) The president shall require a bond from employees with access to sports (19) “Retail establishment” means a retail business that is permitted by the wagering accounts, in an amount as provided by the administrative rules of corporation to host a sports wagering mechanism. the corporation. (20) “Retailer” means any person with whom the corporation has contracted * * * to sell lottery tickets to the public. §9015. Personnel program for employees; conflict of interest provisions; (21) “Security” means the protection of information that would provide an employment of specified persons by corporation prohibited unfair advantage to any individual involved in the operation of the lottery, * * * protection and preservation of the integrity of lottery games and operations, D. No officer or employee of the corporation who leaves the employ of the as well as measures taken to prevent crimes against the corporation and its corporation may represent any vendor or, lottery retailer, sports wagering retailers. platform provider, sports wagering service provider, sports wagering (22) “Sports book” means the offering of sports wagering by a sports wagering distributor, or retail establishment before the corporation for a period of two platform provider on the premises of a permitted retail establishment or years following termination of employment with the corporation. through a sports wagering platform. * * * (23) “Sports event” means any professional sport or athletic event, any §9029. Deposit of revenues; expenditures and investments authorized; collegiate sport or athletic event, any Olympic or international sports transfer of revenues to state treasury; dedication and use of proceeds; competition event, or any other special event or competition of relative skill corporation operating account; audit of corporation books and records; audits as authorized by the corporation to be a sports event for purposes of this A.(1) All money received by the corporation from the sale of lottery tickets Chapter. “Sports event” shall not include high school sports, youth events, and all other sources except for monies from sports wagering operations any international sports events where the majority of the athletes are under authorized pursuant to this Subtitle, shall be deposited into a corporate the age of eighteen years old, electronic sports, competitive video games, operating account. Such account shall be established in a fiscal agent or fantasy sports contests as provided in Chapter 6 of Title 27 of the Louisiana depository as defined in R.S. 49:319 and collateralized in the manner provided Revised Statutes of 1950, and any event prohibited by law. by R.S. 49:321 and 49:322. The corporation may use all money in the corporate (24) “Sports wager” or “sports bet” means a sum of money or representation operating account for the purposes of paying prizes and the necessary of value risked by a player on an occurrence associated with a sports event expenses of the corporation and dividends to the state. The corporation for which the outcome is uncertain. The term includes but is not limited to shall estimate and allocate the amount to be paid by the corporation to prize single-game bets, teaser bets, parlay bets, over-under bets, moneyline bets, winners. pools, exchange wagering, in-game wagering, in-play bets, proposition bets, * * * and straight bets. CHAPTER 10. LOUISIANA LOTTERY (25) “Sports wagering” means the acceptance of a wager on a sports event or CORPORATION SPORTS WAGERING on a portion of a sports event or on the individual performance or statistics of §9091. Conduct and administration of sports wagering; powers and duties of an athlete or participant in a sports event or a combination of sports events, corporation; applicability authorizes contracts by any system or method of wagering. A. Any permit obtained or issued pursuant to the provisions of this Chapter (26) “Sports wagering account” means an electronic financial record is expressly declared by the legislature to be a pure and absolute revocable established with an operator for an individual patron in which the patron privilege and not a right, property or otherwise, under the constitution of the may deposit and withdraw funds for sports wagering and other authorized United States or of the state of Louisiana. Further, the legislature declares purchases and to which the operator may credit winnings or other amounts that no holder of any permit acquires any vested interest or right therein or due to that patron or authorized by that patron. thereunder. (27) “Sports wagering mechanism” or “kiosk” means a corporation approved B. The corporation shall contract with a sports wagering platform provider self-service mechanical, electrical, or computerized terminal, device, for the operation of a sports book. The sports book operated on behalf of the apparatus, or piece of equipment that is directly tied to the central system corporation shall be a separate and distinct responsibility and operation of the sports wagering platform provider approved by and contracting with from lottery gaming. Any sports wagering offered to consumers in this state the corporation, which allows a patron to place a sports wager on premises pursuant to the provisions of this Subtitle shall be through the use of a sports of a permitted retail establishment. “Sports wagering mechanism” does not wagering mechanism, website, or mobile application. include a personal computer, mobile phone, or other device owned and used C. The corporation shall, in accordance with the Administrative Procedure by a player to wager on a sports event. Act, promulgate rules, forms, and procedures necessary to implement, (28) “Sports wagering platform” means an integrated system of hardware, administer, and regulate sports wagering authorized pursuant to this Subtitle. software, or applications, including mobile applications and servers, The rules shall include: through which an operator conducts the business of offering sports wagering (1) Qualifications, standards, and procedures for permitting sports conducted in accordance with this Subtitle. wagering platform providers, sports wagering service providers, distributors, (29) “Sports wagering platform provider” or “operator” means a suitable manufacturers, vendors, suppliers, personnel, and retail establishments person that holds a permit from the corporation to engage in the operation of pursuant to this Subtitle. a sports book on behalf of the corporation. (2) Standards and procedures for renewing, suspending, and revoking THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 44 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. permits. period of probation or parole. (3) Guidelines for the acceptance of sports wagers. (b) Five or more years has elapsed between the date of application and (4) The maximum number and amount of wagers which may be accepted by the successful completion of any sentence, deferred adjudication, or period a sports wagering mechanism from any one patron on any one event. of probation or parole and the conviction for an offense defined in R.S. (5) Prohibitions on unilaterally rescinding wagers. 47:9094(B)(1)(b) was a misdemeanor offense. (6) The type of wagering tickets used, information required to be printed on (2) The provisions of Paragraph (1) of this Subsection shall not apply to any the ticket, and methods for issuing tickets. person convicted of a crime of violence as defined in R.S. 14:2(B). (7) The types of records required to be kept and the length of time records (3) Notwithstanding any provision of law to the contrary, the corporation shall be retained. may consider the seriousness and circumstances of any offense, arrest, or (8) Requirements that a sports wagering platform provider comply with conviction in determining suitability in accordance with Subsection A of this anti-money laundering standards. Section. (9) Internal controls for all aspects of electronic wagering, including D. An applicant who is not disqualified as a result of Subsection B of this procedures for system integrity, system security, operations, accounting, and Section shall be required to demonstrate to the corporation that he otherwise reporting of problem gamblers. meets the remaining requirements for suitability, particularly those (10) Establish suitability requirements for applicants and permittees contained in Paragraphs (A)(1) through (3) of this Section. Evidence of, or pursuant to this Chapter. relating to, an arrest, summons, charge, or indictment of an applicant, or the (11) Establish standards and a procedure for approval of retail establishment dismissal thereof, may be considered by the corporation even if the arrest, permits to host sports wagering mechanisms. summons, charge, or indictment results in acquittal, deferred adjudication, D. Chapters 6, 7, and 8 of this Subtitle shall apply to all sports wagering probation, parole, or pardon. conducted pursuant to this Chapter. E. A person who has been found unsuitable or whose permit has been §9092. Reporting revoked, in this state or any other jurisdiction, may not apply for a permit The corporation shall produce an annual report and distribute the report or a finding of suitability for five years from the date there was a finding of to the legislature. The report shall include the impact of sports wagering unsuitability, or the permit was revoked, unless the corporation allows the on sports events, retail establishments, problem gamblers, and on the application for good cause shown. The corporation shall promulgate rules gambling addiction in Louisiana. The report shall be prepared by a private necessary to carry out the provisions of this Section. organization or entity with expertise in serving the needs of persons with F. All permittees and other persons found suitable by the corporation gambling addictions. shall maintain suitability throughout the term of the permit. In the event §9093. Permitting; other requirements of a current prosecution of an offense as provided in Paragraph (B)(2) of this A. No person, business, or legal entity shall operate a sports book on Section, the corporation shall have the discretion to defer a determination behalf of the corporation without first being permitted in accordance with on a person’s continuing suitability pending the outcome of the proceedings this Subtitle. To conduct business with the corporation related to sports provided that if a decision is deferred pending such outcome the corporation wagering authorized pursuant to this Subtitle, all sports wagering service may take such action as is necessary to protect the public trust, including the providers, distributors, manufacturers, vendors, suppliers, personnel, or suspension of any permit. retail establishments shall be permitted in accordance with the Subtitle. G. All permittees and any other persons required to be found suitable shall B. All sports wagering platform providers requesting a permit pursuant to have a continuing duty to inform the corporation of any possible violation this Chapter shall be permitted by the corporation only if the applicant meets of this Subtitle and of any rules adopted by the corporation. No person the suitability standards provided for in R.S. 47:9094. who so informs the corporation of a violation or possible violation shall be C. The corporation shall provide by administrative rules the qualifications discriminated against by the applicant or permittee because of supplying and suitability standards for sports wagering service providers, distributors, such information. manufacturers, vendors, suppliers, personnel, and retail establishments. H.(1)(a) Any person who has or controls directly or indirectly five percent §9094. Suitability; sports wagering platform providers or more ownership, income, or profit or economic interest in an entity which A. No person shall be eligible to obtain a sports wagering platform provider has or applies for a sports wagering platform provider permit pursuant to permit pursuant to this Subtitle unless the applicant has demonstrated by the provisions of this Subtitle, or who receives five percent or more revenue clear and convincing evidence to the corporation that he is suitable. For the interest in the form of a commission, finder’s fee, loan repayment, or any other purposes of this Subtitle, “suitable” means the applicant or permittee is: business expense related to the gaming operation, or who has the ability or (1) A person of good character, honesty, and integrity. capacity to exercise significant influence over a permittee or other person (2) A person whose prior activities, criminal record, if any, reputation, required to be found suitable pursuant to the provisions of this Subtitle, habits, and associations do not pose a threat to the public interest of this state shall meet all suitability requirements and qualifications pursuant to the or to the effective regulation and control of gaming, or create or enhance provisions of this Subtitle. the dangers of unsuitable, unfair, or illegal practices, methods, and activities (b) In determining whether a person has significant influence for purposes of in the conduct of gaming or carrying on of the business and financial this Section, the corporation may consider but is not limited to the following: arrangements incidental thereto. management and decision-making authority; operational control; financial (3) Capable of and likely to conduct the activities for which the applicant or relationship; receipt of gaming revenue or proceeds; financial indebtedness; permittee is approved or permitted pursuant to the provisions of this Subtitle. and gaming related associations. (4) Not disqualified pursuant to the provisions of Subsection B of this (2)(a) A lessor of immovable property forming any part of the complex of a Section. sports wagering operation pursuant to this Subtitle is required to submit to B. The corporation shall not grant approval or a permit pursuant to the suitability. provisions of this Subtitle to any person who is disqualified on the basis of (b) Notwithstanding anything contained in this Chapter to the contrary, the the following criteria: obligations to the corporation of the real estate lessor of a permittee who (1) The conviction or a plea of guilty or nolo contendere by the applicant or receives less than two percent of the net gaming proceeds of a permittee and any person required to be suitable under the provisions of this Subtitle for who is not involved in the day-to-day operations of the permittee shall be any of the following: to provide such financial information, documentation, and necessary release (a) Any offense punishable by imprisonment of more than one year. forms for the corporation to make a determination that no person who fails to (b) Theft or attempted theft, illegal possession of stolen things, or any meet suitability requirements is receiving any funds received by the lessor offense or attempt involving the misappropriation of property or funds. from the permittee, or is participating in the management of the affairs or (c) Any offense involving fraud or attempted fraud, false statements or business operations of the lessor. declarations. I. If the corporation finds that an individual owner or holder of a security (d) Gambling as defined by the laws or ordinances of any municipality, any of a permittee, or of a holding or intermediary company of a permittee, or parish or county, any state, or of the United States. any person or persons with an economic interest in a permittee, or a director, (e) A crime of violence as defined in R.S. 14:2(B). partner, officer, or managerial employee is not suitable, and if as a result, the (2) A current prosecution or pending charge against the person in any permittee is no longer qualified to continue as a permittee the corporation jurisdiction for any offense listed in Paragraph (1) of this Subsection. shall propose action necessary to protect the public interest, including the (3) The person is not current in filing all applicable tax returns and in the suspension or revocation of the permit. The corporation may also issue under payment of all taxes, penalties, and interest owed to the state of Louisiana or penalty of revocation or suspension of a permit, a condition of disqualification any political subdivision of Louisiana, excluding items under formal appeal. naming the person or persons and declaring that such person or persons may (4) The failure to provide information and documentation to reveal any fact not: material to a suitability determination, or the supplying of information which (1) Receive dividends or interest on securities of a person, or a holding or is untrue or misleading as to a material fact pertaining to the suitability intermediary company of a person, holding an approval or permit. criteria. (2) Exercise directly, or through a trustee or nominee, a right conferred C.(1) In the awarding of a permit pursuant to the provisions of this Subtitle, by securities of a person, or a holding or intermediary company of a person, a conviction or plea of guilty or nolo contendere by the applicant shall not holding an approval or permit, issued pursuant to the provisions of this constitute an automatic disqualification as otherwise required pursuant to Subtitle. the provisions of Subparagraphs (B)(1)(a) through (d) of this Section if either (3) Receive remuneration or other economic benefit from any person, or a of the following are true: holding or intermediary company of a person, holding an approval or permit (a) Ten or more years has elapsed between the date of application and the issued pursuant to this Subtitle. successful completion or service of any sentence, deferred adjudication, or (4) Exercise significant influence over activities of a person, or a holding THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 45 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. or intermediary company of a person, holding a license, casino operating C. A sports wagering service provider shall keep books and records for the contract, permit, or other approval issued pursuant to the provisions of this management of sports wagering as authorized by this Chapter and for services Subtitle. for which it is contracted by the operator. The keeping of books and records (5) Continue owning or holding a security of a person, or a holding or shall be separate and distinct from any other business the sports wagering intermediary company of a person, holding an approval or permit issued service provider might operate. A sports wagering service provider shall file pursuant to the provisions of this Subtitle or remain as a manager, officer, quarterly returns with the corporation listing all of its contracts and services director, or partner of a permittee. related to sports wagering authorized under this Subtitle. J. In the awarding of an approval or permit pursuant to the provisions of D. The initial application fee for a sports wagering service provider this Subtitle, the corporation may consider that the person is not current in permit shall be ten thousand dollars and shall be non-refundable. The filing all applicable tax returns and in the payment of all taxes, penalties, and initial application fee shall be submitted to the corporation at the time of interest owed the Internal Revenue Service, excluding items under formal application. appeal. E. The permit fee for a sports wagering service provider permit issued K. In determining the suitability of an application, the corporation may pursuant to this Section shall be twelve thousand five hundred dollars. The request from an applicant and consider any of the following: permit shall be for a term of five years. The permit fee shall be submitted to (1) Whether the applicant has adequate capital, financial ability, and means the corporation on the anniversary date of the issuance of the permit every to develop, construct, operate, and maintain infrastructure to support sports five years. The first permit payment shall be submitted to the corporation at wagering activities and operations in compliance with this Chapter and any the time of application. administrative rules promulgated by the corporation. §9097. Sports wagering distributor; permit; fees (2) Whether the applicant has the financial ability to purchase and maintain A.(1) The corporation may issue a sports wagering distributor permit to any adequate liability and casualty insurance and to provide an adequate surety suitable business or legal entity that markets, buys, sells, leases, services, or bond. repairs sports wagering mechanisms in this state. No person shall market, (3) Whether the applicant has adequate capital and the financial ability buy, sell, lease, service, or repair a sports wagering mechanism without a to responsibly pay its secured and unsecured debts in accordance with its valid permit. financing agreements and other contractual obligations. (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, only (4) Whether the applicant has a history of material noncompliance with distributors domiciled in Louisiana shall be issued a permit for the services licensing or permitting requirements or any other regulatory requirements of collection and repair of sports wagering mechanisms. in Louisiana or in any other jurisdiction, where the noncompliance resulted B. Any contract between the corporation and a sports wagering distributor in enforcement action by the person with jurisdiction over the applicant. shall provide for access to the corporation of any information maintained by (5) Whether the applicant has filed, or had filed against it, a proceeding for the distributor for verification of compliance with this Chapter. bankruptcy or has ever been involved in any formal process to adjust, defer, C. The initial application fee for a sports wagering distributor permit shall suspend, or otherwise negotiate the payment of any debt. be five thousand dollars and shall be non-refundable. The initial application (6) Whether or not at the time of the application, the applicant is a defendant fee shall be submitted to the corporation at the time of application. in litigation involving the integrity of its business practices. D. The permit fee for a sports wagering distributor permit issued pursuant §9095. Sports wagering platform provider; permit; fee to this Section shall be two thousand five hundred dollars. The permit A. The corporation may issue a sports wagering platform provider permit shall be for a term of five years. The permit fee shall be submitted to the to suitable persons to contract with the corporation to manage or operate corporation on the anniversary date of the issuance of the permit every five the corporation’s sports book line-of-business. No person shall manage or years. The first permit payment shall be submitted to the corporation at the operate the corporation’s sports book without a valid permit. time of application. B. In addition to the requirements set forth in R.S. 47:9094, the corporation E. The corporation shall adopt written policies and rules to guarantee that shall provide by rule for the standards and requirements of any sports multiple distributors and vendors shall contract with the operator to provide wagering platform. The rules shall specify technical requirements as well as maximum opportunities for economic development. operational requirements. §9098. Retail establishments; permit; fees C. Any contract between the corporation and a sports wagering platform A. The corporation may issue a retail establishment permit to suitable provider shall provide for access to the corporation of any information persons that contract with an operator to host sports wagering mechanisms. maintained by the platform provider for verification of compliance with this A retail establishment shall not host a sports wagering mechanism without a Chapter. valid permit. D. A sports wagering platform provider shall use no more than one sports B. For purposes of this Chapter retail establishment shall include: wagering platform to offer, conduct, or operate a sports book on behalf of the (1) An establishment that has a Class A-General retail permit or a Class corporation. A-Restaurant permit as defined in Part II of Chapter 1 or Part II of Chapter 2 E. A sports wagering platform provider shall keep books and records for the of Title 26 of the Louisiana Revised Statutes of 1950, for the sale of alcoholic management and operation of sports wagering as authorized by this Chapter beverages for on-premises consumption and that is located in a parish that and for services for which it is contracted by the corporation. The keeping approved a proposition to authorize sports wagering. of books and records shall be separate and distinct from any other business (2) An establishment that holds a retail food establishment permit from the sports wagering platform provider might operate. A sports wagering the office of public health issued pursuant to the provisions of LAC 51:XXIII platform provider shall file quarterly returns with the corporation listing all 101 et seq. and that is located within a parish that approved a proposition of its contracts and services related to sports wagering authorized under this to authorize sports wagering but due to local and municipal laws and Subtitle. ordinances is prohibited from holding a Class A-General retail permit or F. All servers necessary for the placement or resolution of wagers, other a Class A-Restaurant permit as defined in Part II of Chapter 1 or Part II of than backup servers, shall be physically located in Louisiana. Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950 for the sale of G. Any sports wagering platform utilized for electronic wagering shall have alcoholic beverages for on-premises consumption. a component of its design to reasonably verify that the person attempting C. The initial application fee for a sports wagering retail establishment to place the wager is at least twenty-one years of age, physically located permit shall be one thousand dollars and shall be non-refundable. The in the state, and not physically located in a parish that has not approved a initial application fee shall be submitted to the corporation at the time of proposition to authorize sports wagering at the time the wager is initiated or application. placed. D. The permit fee for a sports wagering retail establishment permit issued H.(1) The initial application fee for a sports wagering platform provider pursuant to this Section shall be one hundred dollars. The permit shall be for permit shall be one hundred thousand dollars and shall be non-refundable. a term of one year. The permit fee shall be submitted to the corporation on The initial application fee shall be submitted to the corporation at the time the anniversary date of the issuance of the permit every year. The first permit of application. payment shall be submitted to the corporation at the time of application. (2) The permit fee for a sports wagering platform provider permit issued E.(1) The corporation shall provide by rule the minimum requirements pursuant to this Section shall be two hundred fifty thousand dollars. The of a contract between its sports wagering platform provider and a retail permit shall be for a term of five years. The permit fee shall be submitted to establishment. The rules shall include a requirement that the contract the corporation on the anniversary date of the issuance of the permit every provide that in consideration for the hosting of a sports wagering mechanism, five years. the retail establishment shall be paid the greater of the following each month: I. The provider of a sports wagering platform shall provide the corporation (a) One and one half percent of the cash accumulated in the sports wagering with a readily available point of contact to ensure compliance with the mechanisms located on the retail establishment’s premises. requirements of this Chapter. (b) Ten percent of the net gaming proceeds of all wagers placed by §9096. Sports wagering service providers; permit; fee patrons through a sports wagering mechanism located on the premises of A. The corporation shall issue a sports wagering service provider permit to the retail establishment and wagers placed through an operator website or suitable persons which contract with an operator to provide support services mobile application while the patron is located on the premises of the retail for an operator’s sports book. A person shall not provide support services to establishment. the operator without a valid permit. (2) The monies owed to the retail establishment pursuant to Paragraph B. Any contract between the corporation and a sports wagering service (1) of this Subsection shall be remitted to the retail establishment within provider shall provide for access to the corporation of any information twenty days of the end of each calendar month for the immediately preceding maintained by the platform provider for verification of compliance with this calendar month. Chapter. §9099. Wagering; limitations THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 46 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. A. To place a sports wager with an operator, the corporation shall confirm Access to one from the other shall not be allowed at any time. and a player shall meet all of the following requirements: (4) Not have any functions or parameters adjustable by or through any (1) Is twenty-one years of age or older. separate video display or input codes, except for the adjustment of features (2) Is physically located in a parish that has approved a proposition that are wholly cosmetic. authorizing sports wagering at the time the wager is initiated or placed. (5) Have a circuit-interrupting device, method, or capability which will (3) Has a sports wagering account established with the operator if the player disable the machine if the corporation approved program is accessed or is attempting to place a sports wager through a website or mobile application. altered. (4) Is not prohibited from wagering with the corporation by law, rule, policy (6) Have a serial number or other identification number permanently of the corporation, self-exclusion, or pursuant to R.S. 27:27.1. affixed to the mechanism by the manufacturer. B.(1) The operator shall not knowingly accept wagers from a person who is G. Each sports wagering mechanism shall be linked by telecommunication an athlete, coach, referee, or other official or staff of a participant or team to a central computer for purposes of polling or reading mechanism activities that is participating in the sports event on which the person is attempting to and for central computer remote shutdown of mechanism operations. If the place the wager. central computer system fails as a result of a malfunction or catastrophic (2) The operator shall not knowingly accept wagers from a person who is a event, the mechanism may remain in operation until the central computer director, officer, owner, or employee of the operator or any relative or other system is restored. person living in the same household as a director, officer, owner, or employee H. The corporation may provide for additional specifications for mechanisms of the operator. to be approved and authorized pursuant to the provisions of this Chapter as C. No sports wagers may be accepted or paid by any operator on any of the it deems necessary to maintain the integrity of sports wagering mechanisms following: and operations. (1) Any sport or athletic event not authorized by law. §9102. Online and mobile wagering (2) Any sport or athletic event which the operator knows or reasonably Wagering through a website or mobile application shall be subject to the should know is being placed by or on behalf of an official, owner, coach, or following requirements: staff of a participant or team that participates in that event. A.(1) A player shall establish a sports wagering account with the operator (3) A single act in a team event solely in the control of one participant acting before the operator accepts any sports wager through a website or mobile independently. application from the player. The operator shall also complete an initial (4) The occurrence of injuries or penalties, or the outcome of an athlete’s verification of the account prior to accepting sports wagers. disciplinary rulings, or replay reviews. (2) An account may be established with a line of credit or as an advance D. Any operator or permittee shall promptly report to the corporation on deposit wagering account. the following activities: B. No operator shall accept a sports wager through a website or mobile (1) Any criminal or disciplinary proceedings commenced against any application from the public or any person who does not have an established operator or its employees, in connection with the operations of the sports account with the corporation. book. C. No wagers shall be placed when the player is physically located out of (2) Any abnormal wagering activity or patterns that may indicate a concern state or in a parish that has not approved a proposition authorizing sports about the integrity of a sports event. wagering. An operator shall maintain geofencing and geolocation services. (3) Any other conduct with the potential to corrupt a wagering outcome of a §9103. Prizes; payment of prizes sports event for purposes of financial gain, including but not limited to match A.(1) Winning wagers that were placed via a sports wagering mechanism fixing. with cash and are evidenced by a ticket receipt shall be redeemed by a player (4) Suspicious or illegal wagering activities, including the use of funds within one hundred eighty days from the time of the event. The corporation derived from illegal activity, wagers to conceal or launder funds derived from shall pay tickets upon presentation after performing validation procedures. illegal activity, use of agents to place wagers, or use of false identification. (2) Winning wagers placed using a sports wagering account shall be credited E. Operators shall establish and display the odds at which wagers may by the operator to the patron’s account within one day from the time of the be placed on sports events. Operators shall not accept a wager via a sports event unless otherwise allowed pursuant to the rules of the corporation. wagering mechanism, or through a website or mobile application unless the B. The operator’s obligation to pay winning tickets shall expire after one wagering proposition is posted by electronic or manual means. hundred eighty days from the date of the event if not presented for payment. F. Operators shall maintain records of sports wagering activities and Additionally, if the ticket fails to be presented for payment within the one operations and follow AML practices in day-to-day operations of its business. hundred and eighty day period, the ticket holder waives any right to enforce §9100. Electronic wagering payment of the ticket. A. Electronic wagering may be conducted only to the extent that it is C. If the proceeds of any sports wagering prize issued pursuant to this conducted in accordance with this Subtitle and in accordance with the rules Subtitle are five hundred dollars or more, the prize shall be subject to promulgated by the corporation. Louisiana state income tax. Any attachments, garnishments, or executions B. The corporation may accept wagers made electronically using a authorized and issued pursuant to law shall also be withheld if timely served sports wagering mechanism located on the premises of a permitted retail upon the process agent of the corporation. establishment or through a website or mobile application. D. The corporation shall adopt rules to establish a system of verifying the §9101. Sports wagering mechanism validity of tickets claimed to win prizes and to effect payment of such prizes A. (1) A player may place a wager via a sports wagering mechanism with except that: cash or utilizing the player’s established sports wagering account. (1) No prize, nor any portion of a prize, nor any right of any person to a (2) A sports wagering mechanism may be utilized by a player to make a prize awarded shall be assignable. Any prize, or portion thereof, remaining deposit in their sports wagering account. unpaid at the death of a prizewinner shall be paid to the estate of the B. Sports wagering mechanisms shall be located only in areas where deceased prizewinner or to the trustee of a trust established by the deceased accessibility is limited to patrons twenty-one years of age or older and have prizewinner as settlor, if a copy of the trust document or instrument has been permitted by the corporation. been filed with the corporation, along with a notarized letter of direction C. Sports wagering mechanisms shall be branded as the operator. from the settlor, and no written notice of revocation has been received by D. Any sports wager placed with cash via a sports wagering mechanism the corporation prior to the settlor’s death. Following a settlor’s death and shall be evidenced by a ticket indicating the name of the operator, the sports prior to any payment to such a trustee, the corporation shall obtain from event on which the wager was placed, the amount of cash wagered, the type the trustee and each trust beneficiary a written agreement to indemnify of bet and odds if applicable, the date of the event, and any other information and hold the corporation harmless with respect to any claims that may be required by the corporation. asserted against the corporation arising from payment to or through the trust. E.(1) Wagers placed via a sports wagering mechanism through a player’s Notwithstanding any other provisions of this Subtitle, any person, pursuant established sports wagering account may be settled through the player’s to an appropriate judicial order, shall be paid the prize to which a winner is wagering account. However, the player shall be prohibited from collecting entitled. winnings from the sports wagering mechanism in any form other than credits (2) A person twenty-one years of age or older may gift a winning sports to the sports wagering account of the player. wagering ticket to a person of any age. If the donee of a winning ticket is (2) A patron with a winning ticket shall redeem the ticket at an establishment under the age of twenty-one years, the corporation shall direct payment to a designated by the corporation within one hundred eighty days of the date of member of the person’s family who is twenty-one years of age or older or to the event pursuant to R.S. 47:9103. the legal representative of the person on behalf of such person. The person F. Each sports wagering mechanism shall: named as custodian shall have the same powers and duties as prescribed for (1) Not have any device or program that will alter the reading of the values a custodian pursuant to the Uniform Transfers to Minors Act. or amounts of play to reflect values or amounts other than actually played or (3) No prize shall be paid arising from claimed tickets that are stolen, any switches, jumpers, wire posts, or any other means of manipulation that counterfeit, altered, fraudulent, unissued, produced or issued in error, could affect the operation or outcome of a wager. unreadable, not received, unclaimed, or not recorded by the corporation (2) Not have any device, switch, program, or function that can alter the within applicable deadlines. readings of the actual amounts or values relating to any function or occurrence (4) No particular prize shall be paid more than once, and in the event of a of the mechanism. binding determination that more than one claimant is entitled to a particular (3) Have separate secure areas with locking doors for the game logic board prize, the sole remedy of such claimants is the award to each of them an equal and software, the cash compartment, and the mechanical meters as required share in the prize. by the rules of the corporation. These areas must be locked and separated. E. No prize shall be paid upon a ticket purchased or sold in violation of THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 47 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. this Subtitle. G. Termination of investor and import-export cargo tax credits. F. The corporation is discharged of all liability upon payment of a prize. The provisions of Subsections C and I of this Section shall be effective until §9104. Withholding of lottery prizes; child support arrearages; rules July 1, 2021 July 1, 2025, and no investor tax credit or import-export cargo tax The corporation shall promulgate rules providing for the withholding of credit pursuant to the provisions of this Section shall be granted after such prizes resulting from sports wagering authorized pursuant to this Section, date with respect to any application received and approved after this date. of persons who have outstanding child support arrearages as reported to the * * * corporation, beginning at prize levels to be determined by the corporation. Section 2. This Act shall become effective upon signature by the governor The corporation may require any agency reporting current child support or, if not signed by the governor, upon expiration of the time for bills to arrearages to the corporation to provide information relating to such become law without signature by the governor, as provided by Article III, arrearages in a manner, format, or record approved by the corporation. The Section 18 of the Constitution of Louisiana. If vetoed by the governor and corporation shall not be liable for withholding a prize based upon child subsequently approved by the legislature, this Act shall become effective on support arrearage information provided to it. Additionally, the corporation the day following such approval. shall employ the same methods, procedures, and parameters to withhold Approved by the Governor, June 4, 2021. prizes for persons who have delinquent debt as defined in R.S. 47:1676(B)(4) A true copy: which has been assigned to the office of debt recovery for collection. The R. Kyle Ardoin corporation shall not be liable for withholding prize based upon delinquent Secretary of State debt information provided to it by the office of debt recovery. ------§9105. State tax; levy A. There is hereby levied a ten percent tax upon the net gaming proceeds ACT No. 82 of an operator from sports wagering offered to consumers within this state - - - pursuant to this Title onsite at a permitted retail establishment through a SENATE BILL NO. 48 sports wagering mechanism. BY SENATOR POPE B. There is hereby levied a fifteen percent tax upon the net gaming proceeds Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of an operator from sports wagering offered to consumers within this state of the Constitution of Louisiana. pursuant to this Title electronically through a website or mobile application. AN ACT C. Within twenty days of the last day of each calendar month the corporation To amend and reenact R.S. 37:2446.1(A) and (C), relative to continuing shall collect the taxes imposed pursuant to the provisions of this Section for education requirements imposed by the Louisiana Board for Hearing Aid the immediately preceding calendar month. Dealers; to reduce the number of required continuing education hours for D. All taxes collected by the corporation pursuant to this Section shall be reinstatement or renewal of a license; to reduce the maximum number of deposited into the Community and Family Support System Fund as provided continuing education hours that may be obtained through the internet; to by R.S. 28:826. These monies shall be forwarded upon receipt to the state provide for an effective date; and to provide for related matters. treasury. Funds deposited into the treasury shall first be credited to the Bond Be it enacted by the Legislature of Louisiana: Security and Redemption Fund in accordance with Article VII, Section 9(B) Section 1. R.S. 37:2446.1(A) and (C) are hereby amended and reenacted to of the Constitution of Louisiana. read as follows: E. In a month when the amount of net gaming proceeds of an operator §2446.1. Continuing education requirement from sports wagering is a negative number, the operator may carry over the A. The board shall require all licensees applying for reinstatement or negative amount to the return filed for the subsequent month. However, no renewal of licenses to have completed fifteen twelve hours of continuing amount shall be carried over in any period more than twelve months after the education per year in courses approved by the board, which may consist of a month in which the amount carried over was originally due. maximum of seven four hours obtained through internet or correspondence §9106. Deposit of revenues courses, in order to renew their license on January first of the following year. Within twenty days following the close of each calendar month, the Each licensee shall submit documentation from any recognized professional corporation shall transfer to the Lottery Sports Wagering Fund the amount or educational institution to the board as proof that each licensee has been of net revenue which the corporation determines is surplus to its needs. exposed to new developments in the practice which have occurred since the Net revenues shall be determined by deducting from the corporation’s net prior issuance or renewal of such license. gaming proceeds the payment costs incurred or estimated to be incurred in * * * the operation and administration of sports wagering authorized pursuant to C. Any person receiving a license by endorsement or examination on July this Chapter. This shall include the expenses of the corporation and the costs first or later in that year shall not be required to have the fifteen twelve hours resulting from determining applicant suitability, and any contracts entered of continuing education until December thirty-first of the following year. into for promotional, advertising, or operational services or for the purchase Section 2. This Act shall become effective on January 1, 2022. or lease of sports wagering equipment and materials. Approved by the Governor, June 4, 2021. §9107. Lottery Sports Wagering Fund A true copy: A. There is hereby created in the state treasury a special fund designated R. Kyle Ardoin as the “Lottery Sports Wagering Fund “, hereafter referred to as the “fund”. Secretary of State After allocation of money to the Bond Security and Redemption Fund as ------provided in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall deposit in and credit to the fund all corporation net revenue ACT No. 83 as determined by R.S. 47:9106. Interest earned on investment of monies in - - - the fund shall be deposited in and credited to the fund. Unexpended and SENATE BILL NO. 52 unencumbered monies in the fund shall remain in the fund. Monies in the BY SENATOR POPE AND REPRESENTATIVE MINCEY fund shall be appropriated, administered, and used solely as provided in this Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) Section. of the Constitution of Louisiana. B. The monies in the fund shall be withdrawn only pursuant to appropriation AN ACT by the legislature and shall be used solely for the expenses provided pursuant To amend and reenact the introductory paragraph of R.S. 13:5554(FF), relative to R.S. 47:9106 and for the minimum foundation program. to group insurance available through sheriff’s departments; to provide for Section 5. This Act shall take effect and become operative if and when the payment of certain costs associated with group and self-insurance plans; Act which originated as Senate Bill No. 202 of this 2021 Regular Session of the and to provide for related matters. Legislature is enacted and becomes effective. Be it enacted by the Legislature of Louisiana: Approved by the Governor, June 4, 2021. Section 1. The introductory paragraph of R.S. 13:5554(FF) is hereby amended A true copy: and reenacted to read as follows: R. Kyle Ardoin §5554. Group insurance; kinds; amounts; subrogation Secretary of State * * * ------FF. Notwithstanding the provisions of Subsection D of this Section, the sheriff of Livingston Parish shall pay out of the sheriff’s general fund the ACT No. 81 premium costs of group insurance or the premium costs, administrative costs, - - - or benefit payments of any self-insured plan for any retired sheriff and any SENATE BILL NO. 45 retired deputy sheriff who retires from the Livingston Parish Sheriff’s Office BY SENATOR HARRIS AND REPRESENTATIVE HUGHES as follows: AN ACT * * * To amend and reenact R.S. 47:6036(G), relative to Ports of Louisiana tax Approved by the Governor, June 4, 2021. credits; to extend the sunset of the tax credits; to provide for effectiveness; A true copy: and to provide for related matters. R. Kyle Ardoin Be it enacted by the Legislature of Louisiana: Secretary of State Section 1. R.S. 47:6036(G) is hereby amended and reenacted to read as ------follows: §6036. Ports of Louisiana tax credits ACT No. 84 * * * - - - THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 48 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. SENATE BILL NO. 57 become law without signature by the governor, as provided by Article III, BY SENATOR WOMACK Section 18 of the Constitution of Louisiana. If vetoed by the governor and Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) subsequently approved by the legislature, this Act shall become effective on of the Constitution of Louisiana. the day following such approval. AN ACT Approved by the Governor, June 4, 2021. To amend and reenact Code of Criminal Procedure Art. 404(H), relative to A true copy: jury commissions; to provide that the clerk of court for Franklin Parish or R. Kyle Ardoin the clerk’s designated deputy clerk shall serve as the jury commission; and Secretary of State to provide for related matters. ------Be it enacted by the Legislature of Louisiana: Section 1. Code of Criminal Procedure Art. 404(H) is hereby amended and ACT No. 86 reenacted to read as follows: - - - Art. 404. Appointment of jury commissions; term of office; oath; quorum; SENATE BILL NO. 65 performance of functions of jury commissions in certain parishes BY SENATOR FESI * * * Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) H. In the parishes of Caldwell, Claiborne, Franklin, DeSoto, Union, and of the Constitution of Louisiana. Webster, the function of the jury commission shall be performed by the clerks AN ACT of court of Caldwell Parish, Claiborne Parish, DeSoto Parish, Franklin Parish, To repeal Subpart H of Part III of Chapter 4 of Title 22 of the Louisiana Union Parish, and Webster Parish or by a deputy clerk of court designated Revised Statutes of 1950, comprised of R.S. 22:1161 through 1167, relative to by the respective clerk in writing to act in his stead in all matters affecting dental referral plans; to repeal provisions regulating dental referral plans; the jury commission. The clerk of court or his designated deputy shall have and to provide for related matters. the same powers, duties, and responsibilities, and shall be governed by all Be it enacted by the Legislature of Louisiana: applicable provisions of law pertaining to jury commissioners. The clerks Section 1. Subpart H of Part III of Chapter 4 of Title 22 of the Louisiana of court of Caldwell Parish, Claiborne Parish, DeSoto Parish, Franklin Revised Statutes of 1950 is hereby repealed in its entirety. Parish, Union Parish, and Webster Parish shall perform the duties and Approved by the Governor, June 4, 2021. responsibilities otherwise imposed upon him by law with respect to jury A true copy: venires, shall coordinate the jury venire process, and shall receive the R. Kyle Ardoin compensation generally authorized for a jury commissioner. Secretary of State * * * ------Approved by the Governor, June 4, 2021. A true copy: ACT No. 87 R. Kyle Ardoin - - - Secretary of State SENATE BILL NO. 74 ------BY SENATOR PRICE Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) ACT No. 85 of the Constitution of Louisiana. - - - AN ACT SENATE BILL NO. 64 To enact R.S. 44:417(D), relative to property held by the state archives; to BY SENATOR BERNARD provide for disposition procedure; to provide for advertising requirements; Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) and to provide for related matters. of the Constitution of Louisiana. Be it enacted by the Legislature of Louisiana: AN ACT Section 1. R.S. 44:417(D) is hereby enacted to read as follows: To amend and reenact the introductory paragraph of R.S. 18:1462(A) and R.S. §417. Deposit of records of historical value; transfer of deposited records to 18:1462(A) (3), (4), and (5), relative to acts prohibited during early voting or public or educational institutions; disposition of abandoned property on election day; to provide for campaign material and political advertising * * * restrictions; and to provide for related matters. D. Notwithstanding any other provision of law to the contrary, any property Be it enacted by the Legislature of Louisiana: deposited with the state archives and held for more than ten years, excluding Section 1. The introductory paragraph of R.S. 18:1462(A) and R.S. 18:1462 (A) agency storage collections, to which no person has made a claim shall be (3), (4), and (5) are hereby amended and reenacted to read as follows: considered abandoned and shall become property of the state archives, provided §1462. Acts prohibited during early voting or on election day; electioneering; all of the following provisions are met: intimidation; exceptions; enforcement; penalties (1) At least once a week for two consecutive weeks, the state archivist shall A. The Legislature of Louisiana recognizes that the right to vote is a right publish a notice and listing of the property in at least one newspaper of general that is essential to the effective operation of a democratic government. Due circulation in the parish of the last known address of the owner or depositor. If to a past, longstanding history of election problems, such as multiple voting, no record exists of the address of the last known owner or depositor, the notice votes being recorded for persons who did not vote, votes being recorded shall be published in the official journal of the state. The notice shall contain: for deceased persons, voting by non-residents, vote buying, and voter (a) The name and last known address, if any, of the last known owner or intimidation, the legislature finds that the state has a compelling interest depositor of the property. in securing a person’s right to vote in an environment which is free from (b) A description of the property. intimidation, harassment, confusion, obstruction, and undue influence. In (c) A statement that if proof of claim is not presented to the state archivist and if order to preserve the integrity of its election process, and to protect the right the claimant’s right to receive the property is not established to the satisfaction of citizens to vote freely for the candidates of their choice, the state has a of the state archivist not later than sixty-five days after the publication date of compelling interest in establishing a zone securing polling locations against the second notice, the property shall be considered abandoned and shall become certain conduct and activities, including voter intimidation, election fraud, the property of the state archives. confusion, and general disorder, that would interfere with the exercise of the (2) If no claim to the property is satisfactorily established within the sixty- right to vote. The legislature, therefore, enacts this Subsection to provide five day period, title to the property shall vest in the state archives free from all for a six hundred foot campaign-free zone around polling places to provide claims of ownership. to each voter such an environment in which to exercise his right to vote. Section 2. This Act shall become effective upon signature by the governor Except as otherwise specifically provided by law, it shall be unlawful for any or, if not signed by the governor, upon expiration of the time for bills to person, between the hours of 6:00 a.m. and 9:00 p.m., to perform or cause to become law without signature by the governor, as provided by Article III, be performed any of the following acts within any polling place being used Section 18 of the Constitution of Louisiana. If vetoed by the governor and in an election on election day or during early voting, or within a radius of six subsequently approved by the legislature, this Act shall become effective on hundred feet of the entrance to any polling place being used in an election on the day following such approval. election day or during early voting: PRESIDENT OF THE SENATE * * * SPEAKER OF THE HOUSE OF REPRESENTATIVES (3) To hand out, place, or display campaign cards, pictures, or other GOVERNOR OF THE STATE OF LOUISIANA campaign literature of any kind or description whatsoever which advocate for APPROVED: or against any candidate, proposition, or political party appearing on the ballot Approved by the Governor, June 4, 2021. in the election. A true copy: (4) To place or display political signs, pictures, or other forms of political R. Kyle Ardoin advertising which advocate for or against any candidate, proposition, or political Secretary of State party appearing on the ballot in the election. ------(5) To circulate a recall petition or seek handwritten signatures to a recall petition. ACT No. 88 * * * - - - Section 2. This Act shall become effective upon signature by the governor SENATE BILL NO. 75 or, if not signed by the governor, upon expiration of the time for bills to BY SENATOR LAMBERT THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 49 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. of the Constitution of Louisiana. AN ACT AN ACT To amend and reenact R.S. 38:330.3(A)(1)(c), and to enact R.S. 38:330.3(B)(4) and To enact R.S. 39:112(C)(1)(e), relative to capital outlay requests submitted 330.8(D), relative to levee districts; to authorize the use of funds generated by a budget unit of the state, including public postsecondary education from one or more levee districts for projects that benefit all participating institutions; to provide for capital outlay requests for a state-owned and districts; and to provide for related matters. administered project and certain education institutions submitted after the Be it enacted by the Legislature of Louisiana: November first deadline for approval; to provide for an effective date; and Section 1. R.S. 38:330.3(A)(1)(c) is hereby amended and reenacted and R.S. to provide for related matters. 38:330.3(B)(4) and 330.8(D) are hereby enacted to read as follows: Be it enacted by the Legislature of Louisiana: §330.3. Levee district and board reorganization; transfer of authority; Section 1. R.S. 39:112(C)(1)(e) is hereby enacted to read as follows: obligations; taxes; lands §112. Capital outlay act A.(1) * * * * * * C.(1) Capital outlay budget requests submitted after November first may be (c) No Except as provided in this Subparagraph, Paragraph (B)(4) of this Section, included within the capital outlay act if the capital outlay budget request and R.S. 38:330.8(B), no provision of law providing the Southeast Louisiana meets all of the applicable requirements as provided in R.S. 39:101 and 102 Flood Protection Authority-East or Southeast Louisiana Flood Protection except for time of submission and if any of the following conditions have been Authority-West Bank with any authority over and management, oversight, and met: control of the areas and levee districts provided for in R.S. 38:330.2(A) shall * * * be construed or interpreted to make the taxes levied by, or other revenue of, (e) The project is a state-owned and administered project submitted by a a levee district within the territorial jurisdiction of the authority payable for budget unit of the state, including public postsecondary education institutions, the liability of another levee district, or for any liability of the authority when and is included in the capital outlay bill. The provisions of this Subparagraph acting on behalf of another levee district. Notwithstanding any other provision shall not apply to a political subdivision that is also a budget unit of the state. of law to the contrary, taxes and other revenues generated in one or more levee * * * districts within the jurisdiction of a levee authority may be used within any Section 2. This Act shall become effective upon signature by the governor portion of the territorial jurisdiction of the authority if use of the funds will or, if not signed by the governor, upon expiration of the time for bills to benefit all or a portion of the authority and the levee districts from which the become law without signature by the governor, as provided by Article III, taxes or revenues are generated. Section 18 of the Constitution of Louisiana. If vetoed by the governor and * * * subsequently approved by the legislature, this Act shall become effective on B. the day following such approval. * * * Approved by the Governor, June 4, 2021. (4) Notwithstanding any other provision of law to the contrary, taxes and other A true copy: revenues generated in one or more levee districts within the jurisdiction of a R. Kyle Ardoin levee authority may be used within any portion of the territorial jurisdiction of Secretary of State the authority if use of the funds will benefit all or a portion of the authority and ------the levee districts from which the taxes and revenues are generated. * * * ACT No. 89 §330.8. Funding; appropriations - - - * * * SENATE BILL NO. 82 D. Notwithstanding any other provision of law to the contrary, taxes and other BY SENATOR CATHEY revenues generated in one or more levee districts within the jurisdiction of a Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) levee authority may be used within any portion of the territorial jurisdiction of of the Constitution of Louisiana. the authority if use of the funds will benefit all or a portion of the authority and AN ACT the levee districts from which the taxes and revenues are generated. To amend and reenact R.S. 22:2392(26) and 2393, relative to external review of Approved by the Governor, June 4, 2021. health insurance issuers; to include dental insurance benefits in the Health A true copy: Insurance Issuer External Review Act; to provide a minimum amount for a R. Kyle Ardoin claim related to a dental insurance policy to be eligible for external review; Secretary of State and to provide for related matters. ------Be it enacted by the Legislature of Louisiana: Section 1. R.S. 22:2392(26) and 2393 are hereby amended and reenacted to ACT No. 91 read as follows: - - - §2392. Definitions SENATE BILL NO. 89 As used in this Chapter: BY SENATOR REESE * * * Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) (26) “Health benefit plan” means a policy, contract, certificate, or agreement of the Constitution of Louisiana. entered into, offered, or issued by a health insurance issuer to provide, AN ACT deliver, arrange for, pay for, or reimburse any of the costs of health care To amend and reenact R.S. 23:1474(J), relative to unemployment insurance; to services. “Health benefit plan” shall not include a plan providing coverage provide for taxes and benefits for calendar year 2022; to provide for certain for excepted benefits as defined in R.S. 22:1061 and short-term policies that terms, conditions, procedures, and requirements; and to provide for related have a term of less than twelve months. Notwithstanding excepted benefits as matters. defined in R.S. 22:1061, a “health benefit plan” subject to the provisions of Part Be it enacted by the Legislature of Louisiana: III of this Chapter shall include dental insurance plans. Section 1. R.S. 23:1474(J) is hereby amended and reenacted to read as * * * follows: §2393. Applicability and scope §1474. Administrator; Revenue Estimating Conference; “wages”; weekly A. This Chapter shall apply to any health insurance issuer that offers a benefit amounts health benefit plan as defined in this Chapter. * * * B. For purposes of claims related to a dental insurance policy, this Chapter J.(1) Notwithstanding any other provision of this Section or any other law shall apply only to external review or adverse determinations involving to the contrary, the administrator shall apply Procedure 2 from the table in individual claims in excess of two hundred fifty dollars. Subsection I of this Section for the calendar year beginning on January 1, Section 2. This Act shall become effective upon signature by the governor 2021, for the maximum dollar amount of “wages”, maximum weekly benefit or, if not signed by the governor, upon expiration of the time for bills to amount, with any applicable discounts under R.S. 23:1592, and the formula become law without signature by the governor, as provided by Article III, for computation of benefits. Section 18 of the Constitution of Louisiana. If vetoed by the governor and (2) Notwithstanding any other provision of this Section or any other law to the subsequently approved by the legislature, this Act shall become effective on contrary, the administrator shall apply Procedure 2 from the table in Subsection the day following such approval. I of this Section for the calendar year beginning on January 1, 2022, for the Approved by the Governor, June 4, 2021. maximum dollar amount of “wages”, maximum weekly benefit amount, with A true copy: any applicable discounts under R.S. 23:1592, and the formula for computation R. Kyle Ardoin of benefits. Secretary of State Section 2. This Act shall become effective upon signature by the governor ------or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article II, ACT No. 90 Section 18 of the Constitution of Louisiana. If vetoed by the governor and - - - subsequently approved by the legislature, this Act shall become effective on SENATE BILL NO. 88 the day following such approval. BY SENATOR CONNICK Approved by the Governor, June 4, 2021. Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) A true copy: THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 50 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. R. Kyle Ardoin Secretary of State ------

ACT No. 92 - - - SENATE BILL NO. 93 BY SENATOR POPE Prefiled Pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. AN ACT To amend and reenact R.S. 40:1223.3(3) and to enact R.S. 37:2457(11), relative to telehealth services provided by licensed hearing aid dealers; to provide for inclusion in the Louisiana Telehealth Access Act; to provide for powers and duties of the board; to provide minimum standards for the provision of telehealth services; to provide for definitions; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 37:2457(11) is hereby enacted to read as follows: §2457. Powers and duties of board The powers and duties of the Louisiana Board for Hearing Aid Dealers are as follows: * * * (11) To promulgate rules for the provision of telehealth services by licensed hearing aid dealers that, at a minimum, comply with the Louisiana Telehealth Access Act, R.S. 40:1223.1 et seq. Section 2. R.S. 40:1223.3(3) is hereby amended and reenacted to read as follows: §1223.3. Definitions * * * (3) “Healthcare provider” means a person, partnership, limited liability partnership, limited liability company, corporation, facility, or institution licensed or certified by this state to provide healthcare or professional services as a physician assistant, hospital, nursing home, dentist, registered nurse, advanced practice registered nurse, licensed dietitian or nutritionist, licensed practical nurse, certified nurse assistant, offshore health service provider, ambulance service, licensed midwife, pharmacist, speech-language pathologist, audiologist, optometrist, podiatrist, chiropractor, physical therapist, occupational therapist, certified or licensed athletic trainer, psychologist, medical psychologist, social worker, licensed professional counselor, licensed perfusionist, licensed respiratory therapist, licensed radiologic technologist, licensed hearing aid dealer, or licensed clinical laboratory scientist. * * * Approved by the Governor, June 4, 2021. A true copy: R. Kyle Ardoin Secretary of State

THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 51 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.