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Acts of 2021 Legislature

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Acts of 2021 Legislature years beginning on or after January 1, 2022. Section 3. This Act shall become effective on January 1, 2022. ACTS OF 2021 Approved by the Governor, June 29, 2021. A true copy: R. Kyle Ardoin Secretary of State LEGISLATURE - - - - - - - - ACT No. 468 - - - HOUSE BILL NO. 253 Acts 466-486 BY REPRESENTATIVE MCKNIGHT AND SENATORS ALLAIN, BARROW, BERNARD, BOUDREAUX, CORTEZ, FESI, FIELDS, FOIL, HARRIS, ACT No. 466 JACKSON, MCMATH, MILLIGAN, ROBERT MILLS, MIZELL, MORRIS, - - - PRICE, AND WOMACK HOUSE BILL NO. 127 AN ACT BY REPRESENTATIVE THOMAS To amend and reenact R.S. 17:43(A) and (B)(1), 1945(A) and (B)(2), and 1946(A) AN ACT and R.S. 36:642(C)(1), 643(A), and 648.1 and to enact R.S. 17:1945.1 and 1945.2 To enact R.S. 14:67.5, relative to misappropriation without violence; to create and R.S. 36:651(D)(11), relative to the Special School District; to provide the crime of false statements and false or altered documents in unclaimed for governance of the district by a board of directors; to provide relative property claims; to provide for elements of the offense; to provide for to the board’s membership, powers, and duties; to provide relative to the criminal penalties; to provide relative to restitution; and to provide for enrollment of students in the district’s schools; to provide relative to the related matters. funding of the district; to provide for the district’s transition from operation Be it enacted by the Legislature of Louisiana: by the state Department of Education to independent operation; to provide Section 1. R.S. 14:67.5 is hereby enacted to read as follows: for an effective date; and to provide for related matters. §67.5. False statements and false or altered documents; unclaimed property Be it enacted by the Legislature of Louisiana: claim Section 1. R.S. 17:43(A) and (B)(1), 1945(A) and (B)(2), and 1946(A) are hereby A. Any person who intentionally makes a material false statement, submits amended and reenacted and R.S. 17:1945.1 and 1945.2 are hereby enacted to false or altered documentation, or both in any claim submitted pursuant read as follows: to the Uniform Unclaimed Property Act of 1997 commits a violation of the §43. Special schools Schools defined; benefits for certificated teachers; provisions of this Section. legislative policy B. Whoever violates Subsection A of this Section shall be imprisoned with A. It is declared to be legislative policy that the Louisiana special or without hard labor for not more than five years, or fined not more than ten schools Special Schools, which include the Louisiana Schools for the Deaf thousand dollars, or both. and Visually Impaired and the special schools Special Schools comprising C. In addition to the penalty provided by Subsection B of this Section, a Special School Programs, operated and maintained as a part of the public person convicted for a violation of this Section shall be ordered to make educational system by the state Department of Education, Special School full restitution to the Department of the Treasury to be deposited in the District, shall provide all benefits, privileges, rights, and powers as provided Louisiana Unclaimed Property Permanent Trust Fund in the amount of funds for certificated teachers in the public elementary and secondary schools in obtained as a result of the offense. If the person ordered to make restitution the interest of statewide uniformity of administration of teacher welfare pursuant to this Section is found to be indigent and therefore unable to make benefits, including but not limited to the benefits enumerated in this Part. restitution in full at the time of conviction, the court shall order a periodic B.(1) As used in this Part, “special schools” “Special Schools” includes all payment plan consistent with the person’s financial ability. Louisiana special schools and all schools or educational programs in Special Approved by the Governor, June 29, 2021. School Programs operated by the state Department of Education through the A true copy: Special School District. R. Kyle Ardoin * * * Secretary of State §1945. Special schools Schools and school districts - - - - - - - - A.(1) The Special School District is hereby created and shall be considered an educational service agency administered by the Department of Education, ACT No. 467 subject to the limitations of such units which shall include no authority to levy - - - tax. The Special School District shall have the responsibility and authority HOUSE BILL NO. 146 to create and fill positions to serve the students in the district subject to the BY REPRESENTATIVES HILFERTY, BUTLER, FARNUM, MCMAHEN, availability of funds. MOORE, RISER, WHITE, WRIGHT, AND THOMPSON AND SENATORS (1) (2) The state superintendent of education shall be the governing authority BARROW, FIELDS, FOIL, HENSGENS, JACKSON, MIZELL, PETERSON, for the Special School District shall be the board of directors as provided in AND SMITH R.S. 17:1945.1. AN ACT (2) (3) The Special School District includes: To enact R.S. 47:297.15, relative to income tax credits; to establish an income (a) Louisiana special schools Special Schools. tax credit for an individual who delivers a stillborn child; to provide for the (b) Special School Programs. amount of the credit; to provide for certain requirements and limitations; (3) (4) The services of the Special School District shall be available to all to provide for applicability; to provide for an effective date; and to provide eligible students as described in this Section, regardless of their place of for related matters. residence within the state. Be it enacted by the Legislature of Louisiana: B. Section 1. R.S. 47:297.15 is hereby enacted to read as follows: * * * §297.15. Tax credit; stillborn child (2) The Louisiana Special Schools Schools for the Deaf and Visually Impaired A.(1) There shall be allowed a credit against the tax imposed by this Chapter shall, at the request of the parent or legal or appointed custodian, establish for an individual who delivers a stillborn child. In order to qualify for the an annual enrollment deadline for admission to each of the respective credit, the individual claiming the tax credit shall be a Louisiana taxpayer. schools. After a school’s deadline, any other children with hearing, visual, or The amount of the credit shall be equal to two thousand dollars and shall be orthopedic impairments may enroll at the request of their parents, guardians, claimed in the year in which the stillbirth occurred. appointed custodians, or other legal surrogates if the school, as applicable, B. For purposes of this Section, the term “stillborn child” shall mean a determines that there are sufficient resources to meet the needs of these child for whom all of the following apply: children as well as the needs of the children enrolled prior to the enrollment (1) The child suffered spontaneous fetal death. deadline enroll students with low incidence disabilities and students eligible (2) The child reached no less than twenty complete weeks of gestation under the Individuals with Disabilities Education Act who require special calculated from the date the mother’s last normal menstrual period began to education services upon their admission into state facilities in which the the date of delivery, or weighed no less than three hundred fifty grams. Special School District provides special education services. For purposes (3) The death of the child required the issuance of a spontaneous fetal death of this Subsection, the term “students with low incident disabilities” means certificate in accordance with the requirements of R.S. 40:49.(4) The death of students who have a visual impairment, who are deaf or hard of hearing, who the child was not the result of an induced termination of the pregnancy. both have a visual impairment and are deaf or hard of hearing, who have C. If the amount of the credit authorized pursuant to the provisions of this a significant cognitive impairment, or who have any impairment for which Section exceeds the amount of the taxpayer’s tax liability for the taxable personnel with highly specialized skills and knowledge are needed in order year, the excess tax credit amount shall constitute an overpayment as defined for a child with such an impairment to receive early intervention services or in R.S. 47:1621(A), and the secretary shall make a refund of the overpayment a free appropriate public education. from the current collections of the taxes imposed pursuant to this Chapter. * * * The right to a refund shall not be subject to the requirements of R.S. 47:1621(B). §1945.1. Board of directors of the Special School District; creation; Section 2. The provisions of this Section shall be applicable to taxable membership; terms; powers, duties, and functions A. The board of directors of the Special School District is hereby created. 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. The board shall be composed of twelve members who shall be subject to the district. This shall not preclude the board from entering into other such confirmation by the Senate, one of whom shall be a member of the State Board contracts and agreements that it deems necessary to carry out its duties and of Elementary and Secondary Education appointed by the president of the functions. state board and the remainder of whom shall be appointed by the governor, (8) Perform such other functions as are necessary for the governance of the as follows: district.
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