(c) If at the time of a member’s death the member is not married to the natural parent of any child or children who are entitled to receive a payment pursuant to this Subsection and if a trust has been created by the deceased member for the benefit of such child or children, the ACTS OF 2018 payment shall be made to any person designated as a trustee by the member on a certified copy of a trust document submitted to the system by the member. (d) Qualifying survivor’s benefits are payable upon application therefor and become effective as of the day following the death of the member. LEGISLATURE * * * §2225. Administration * * * E. Notwithstanding any other provision of law to the contrary, the board of trustees shall not Acts 345 - 447 have the right to collect overpayments of a survivor benefit paid in administrative error prior to June 30, 2018, to the surviving child of a member whose death occurred on or before June 30, ACT No. 345 2017, except in the case of fraud. - - - * * * SENATE BILL NO. 12 §2241.8. Survivor benefits BY SENATOR PEACOCK Benefits shall be payable to any survivor of an active contributing member who dies before AN ACT retirement or a disability retiree who dies after retirement as specified in the following: To amend and reenact R.S. 11:2213(22), 2220(B)(2), 2241.8, and 2242.8 and to enact R.S. (1)(a) If an active contributing member or a disability retiree either of whom has at least ten 11:2213(23) and (24) and 2225(E), relative to the Municipal Police Employees’ Retirement years of creditable service in the system dies and leaves a surviving spouse, the surviving spouse System; to provide for definitions; to provide for survivor benefit qualifications; to provide shall receive a benefit calculated according to the regular retirement formula, disregarding for an effective date; and to provide for related matters. age, but not less than thirty-three percent nor more than fifty-five percent of the member’s Notice of intention to introduce this Act has been published. average final compensation. If the surviving spouse remarries, such benefit shall cease unless Be it enacted by the Legislature of Louisiana: remarriage occurs after age sixty years; the benefit shall resume after a subsequent termination Section 1. R.S. 11:2213(22), 2220(B)(2), 2241.8, and 2242.8 are hereby amended and of the new marriage and upon approval of the board of trustees. reenacted and R.S. 11:2213(23) and (24) and 2225(E) are hereby enacted to read as follows: (b) If the board of trustees determines that an active contributing member is killed as a §2213. Definitions result of injuries sustained in the line of duty, the cessation of benefits upon remarriage set The following words and phrases, as used in this Chapter, unless a different meaning is forth in this Paragraph shall not apply. The surviving spouse shall receive a benefit equal to one plainly required by context, shall have the following meanings: hundred percent of the member’s average final compensation less any survivor benefits payable * * * to a surviving child or children as provided in this Section. The sum of survivor benefits paid to (22) “Student” shall mean a person who satisfies both of the following: surviving children and a surviving spouse shall not exceed one hundred percent of the member’s (a) The person is enrolled in a high school or postsecondary education institution duly accredited average final compensation. No funds derived from the assessments against insurers pursuant or approved by the appropriate state, regional, or professional accrediting agency which is to R.S. 22:1476 shall be used to pay any increased costs or increase in liability of the system recognized by the state in which it is located or by the United States Department of Education resulting from the payment of benefits to a surviving spouse pursuant to this Subparagraph. pursuant to the applicable laws, rules, or regulations. (2)(a) If an active contributing member or a disability retiree either of whom has at least (b) The person is enrolled in a sufficient number of courses and classes in such institution to ten years of creditable service in the system dies and leaves, in addition to a surviving spouse, be classified as a full‑time regular student under the criteria used by the institution in which he one or more surviving children under eighteen years of age, each surviving child under age is enrolled. The educational institution shall provide written notification to the system that the eighteen shall be paid monthly benefits equal to ten percent of the deceased member’s average person is in full‑time status. final compensation, or two hundred dollars per month, whichever is greater. However, benefits (23) “Survivor’s benefit” shall mean any benefit paid to a survivor of a member under R.S. payable on account of each surviving child, when added to the benefits payable to the surviving 11:2220(B), 2241.8, or 2242.8. spouse, shall not exceed an aggregate of one hundred percent of the deceased member’s average (24)(a) “Surviving child” shall mean an unmarried person under the age of eighteen years or final compensation. Benefits for a surviving child shall cease upon the child’s attainment of age an unmarried student under the age of twenty‑three years, if the person or student is one of the eighteen years or upon marriage, whichever occurs first, except that benefits shall continue: following: (i) For a surviving child to age twenty-three if the child is a full-time, unmarried student at (i) The issue of a marriage of a member of this system. a recognized institution of higher education, high school, or vocational-technical school, and (ii) The legally adopted child of a member of this system. (ii) For a surviving child with a total physical disability or mental disability if such child had (iii) A child born outside of marriage of a female member of this system. a total physical disability or mental disability at the time of death of the member or acquired (iv) The child of a male member of this system, if a court of competent jurisdiction has, pursuant such disability prior to the attainment of age eighteen and is dependent upon the surviving to the provisions of the Civil Code, rendered a judgment of filiation declaring the paternity of such spouse or other legal guardian for subsistence. member for the child or the member has formally acknowledged the child. (b) If an active contributing member or a disability retiree either of whom has at least (b) “Surviving child” shall also mean a person, regardless of age, who meets one of the criteria ten years of creditable service in the system dies and does not leave a surviving spouse but in Items (a)(i) through (a)(iv) of this Paragraph who has a total physical disability or intellectual leaves one or more surviving children under the age of eighteen, each surviving child under age disability, as certified by the medical board, if the person had the disability at the time of death eighteen shall be paid monthly benefits equal to twenty-five percent of the deceased member’s of the member or acquired the disability prior to the attainment of age eighteen and is dependent average final compensation. Benefits paid on account of eachsurviving child shall not exceed upon the surviving spouse or other legal guardian for subsistence. an aggregate of fifty percent of the average final compensation. If the deceased member is * * * survived by only one minor surviving child, the surviving child shall be paid not less than thirty §2220. Benefits; contribution limit percent of the deceased member’s average final compensation. Benefits shall continue after the * * * minor child attains age eighteen as provided in Subparagraph (a) of this Paragraph. B. Benefits shall be payable to any survivor of an active contributing member who dies before (c) If at the time of a member’s death the member is not married to the natural parent of any retirement or a disability retiree who dies after retirement as specified in the following: surviving child or children who are entitled to receive a payment pursuant to this Section and * * * if a trust has been created by the deceased member for the benefit of suchsurviving child or (2)(a) If an active contributing member or a disability retiree dies and leaves, in addition to children, the payment shall be made to any person designated as a trustee by the member on a a surviving spouse, one or more surviving children under eighteen years of age, each surviving certified copy of a trust document submitted to the system by the member. child under age eighteen shall be paid monthly benefits equal to ten percent of the deceased (3) If a member who is eligible for retirement dies before retiring, the surviving spouse shall member’s average compensation, or two hundred dollars per month, whichever is greater. automatically be paid benefits as though the member had retired on the date of his death However, benefits payable on account of each surviving child, when added to the benefits and elected Option 2, naming the surviving spouse as beneficiary, or shall be paid benefits as payable to the surviving spouse, shall not exceed an aggregate of one hundred percent of the provided in this Section whichever is greater. deceased member’s average compensation. Benefits for a surviving child shall cease upon the (4) Any member who has twelve or more years of service credit established in the retirement child’s attainment of age eighteen years or upon marriage, whichever occurs first, except that system and who terminates covered employment and leaves his accumulated contributions in benefits shall continue: the retirement system in order to receive a retirement benefit upon reaching the applicable age (i) For a surviving child to age twenty‑three provided the child is a full‑time, unmarried shall be covered by the survivor benefit provisions found in this Section. student at a recognized institution of higher education, high school, or vocational‑technical * * * school, and §2242.8. Survivor benefits (ii) For a surviving child with a total physical disability or intellectual disability if such child Benefits shall be payable to any survivor of an active contributing member who dies before had a total physical disability or intellectual disability at the time of death of the member or retirement or a disability retiree who dies after retirement as specified in the following: acquired such disability prior to the attainment of age eighteen and is dependent upon the (1)(a) If an active contributing member or a disability retiree either of whom has at least ten surviving spouse or other legal guardian for subsistence. years of creditable service in the system dies and leaves a surviving spouse, the surviving spouse (b) If an active contributing member or a disability retiree dies and does not leave a surviving shall receive a benefit calculated according to the regular retirement formula, disregarding age, spouse but leaves one or more surviving children under the age of eighteen, each surviving but not less than twenty-five percent nor more than fifty percent of the member’s average final child under age eighteen shall be paid monthly benefits equal to thirty percent of the deceased compensation. If the surviving spouse remarries, such benefit shall cease unless remarriage member’s average compensation. Benefits paid on account of eachsurviving child shall not occurs after age sixty years; the benefit shall resume after a subsequent termination of the new exceed an aggregate of sixty percent of the average compensation. In the event the deceased marriage and upon approval of the board of trustees. member is survived by only one minor surviving child, the surviving child shall be paid not less (b) If the board of trustees determines that an active contributing member is killed as a than forty percent of the deceased member’s average compensation. Benefits shall continue result of injuries sustained in the line of duty, the cessation of benefits upon remarriage set after the minor child attains age eighteen as provided in R.S. 11:2220(B)(2)(a)(i) and R.S. forth in this Paragraph shall not apply. The surviving spouse shall receive a benefit equal to one 11:2220(B)(2)(a)(ii). hundred percent of the member’s average final compensation less any survivor benefits payable THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 145 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. to a surviving child or children as provided in this Section. The sum of survivor benefits paid to Department of Public Safety and Corrections, public safety services, may additionally bear the surviving children and a surviving spouse shall not exceed one hundred percent of the member’s international symbol of accessibility. average final compensation. No funds derived from the assessments against insurers pursuant B. The deputy secretary shall provide by rules and regulations for the implementation of this to R.S. 22:1476 shall be used to pay any increased costs or increase in liability of the system Section. Such rules and regulations shall be subject to oversight review conducted by the house and resulting from the payment of benefits to a surviving spouse pursuant to this Subparagraph. senate committees on transportation, highways and public works. (2)(a) If an active contributing member or a disability retiree either of whom has at least * * * ten years of creditable service in the system dies and leaves, in addition to a surviving spouse, §463.196. Special prestige license plate; “Upside Downs” one or more surviving children under eighteen years of age, each surviving child under age A. The secretary of the Department of Public Safety and Corrections shall establish a special eighteen shall be paid monthly benefits equal to ten percent of the deceased member’s average prestige motor vehicle license plate to be known as the “Upside Downs” plate, provided there final compensation, or two hundred dollars per month, whichever is greater. However, benefits is a minimum of one thousand applicants for such plate. The plate shall be restricted to use on payable on account of each surviving child, when added to the benefits payable to the surviving passenger cars, pickup trucks, recreational vehicles, motorcycles, and vans. spouse, shall not exceed an aggregate of one hundred percent of the deceased member’s average B. The secretary shall work in conjunction with the director of Upside Downs, Beau Brooks, final compensation. Benefits for a surviving child shall cease upon the child’s attainment of age to select the color and design of the plate, provided it is in compliance with R.S. 47:463(A)(3). eighteen years or upon marriage, whichever occurs first, except that benefits shall continue: C. The special prestige license plate shall be issued, upon application, to any citizen of Louisiana (i) For a surviving child to age twenty-three if the child is a full-time, unmarried student at in the same manner as any other motor vehicle license plate. a recognized institution of higher education, high school, or vocational-technical school, and D. The department shall collect an annual royalty fee of twenty‑five dollars that shall be (ii) For a surviving child with a total physical disability or mental disability if such child had disbursed in accordance with Subsection E of this Section. This fee shall be in addition to the a total physical disability or mental disability at the time of death of the member or acquired standard motor vehicle license tax imposed by Article VII, Section 5 of the Constitution of such disability prior to the attainment of age eighteen and is dependent upon the surviving Louisiana, and a handling fee of three dollars and fifty cents for each plate to be retained by the spouse or other legal guardian for subsistence. department to offset a portion of administrative costs. (b) If an active contributing member or a disability retiree either of whom has at least ten E. The annual royalty fee shall be collected by the department and forwarded to Upside Downs, years of creditable service in the system dies and does not leave a surviving spouse but leaves Inc. one or more surviving children under the age of eighteen, each surviving child under age eighteen F. The secretary shall promulgate and adopt rules and regulations as are necessary to implement shall be paid monthly benefits equal to twenty percent of the deceased member’s average final the provisions of this Section. compensation. Benefits paid on account of eachsurviving child shall not exceed an aggregate Section 2. This Act shall become effective on January 1, 2019; if vetoed by the governor and of fifty percent of the average final compensation. If the deceased member is survived by only subsequently approved by the legislature, this Act shall become effective on January 1, 2019, or one minor surviving child, the surviving child shall be paid not less than twenty-five percent on the day following such approval by the legislature, whichever is later. of the deceased member’s average final compensation. Benefits shall continue after the minor Approved by the Governor, May 20, 2018. child attains age eighteen as provided in Subparagraph (a) of this Paragraph. A true copy: (c) If at the time of a member’s death the member is not married to the natural parent of any R. Kyle Ardoin surviving child or children who are entitled to receive a payment pursuant to this Section and Secretary of State if a trust has been created by the deceased member for the benefit of suchsurviving child or children, the payment shall be made to any person designated as a trustee by the member on a certified copy of a trust document submitted to the system by the member. ACT No. 347 (3) If a member who is eligible for retirement dies before retiring, the surviving spouse shall - - - automatically be paid benefits as though the member had retired on the date of his death SENATE BILL NO. 18 and elected Option 2, naming the surviving spouse as beneficiary, or shall be paid benefits as BY SENATOR CORTEZ provided in this Section, whichever is greater. AN ACT (4) Any member who has twelve or more years of service credit established in the retirement To amend and reenact R.S. 14:63.3(A) and 63.4(A), and to enact R.S. 14:63(J), relative to system and who terminates covered employment and leaves his accumulated contributions in criminal trespass; to provide for the use of purple paint in lieu of signs to indicate that the retirement system in order to receive a retirement benefit upon reaching the applicable age unauthorized entrance on property is prohibited; to provide definitions; and to provide for shall be covered by the survivor benefit provisions found in this Section. related matters. * * * Be it enacted by the Legislature of Louisiana: Section 2. This Act shall become effective on June 30, 2018; if vetoed by the governor and Section 1. R.S. 14:63.3(A) and 63.4(A) are hereby amended and reenacted, and R.S. 14:63(J) subsequently approved by the legislature, this Act shall become effective on June 30, 2018, or is hereby enacted, to read as follows: on the day following such approval by the legislature, whichever is later. §63. Criminal trespass Approved by the Governor, May 20, 2018. * * * A true copy: J. Although not required by this Section, notice that entrance upon any structure, watercraft, R. Kyle Ardoin movable, or immovable property owned by another is prohibited may be indicated by either of the Secretary of State following: (1) A sign or signs posted on or in the property at a place or places where such sign or signs may ACT No. 346 be reasonably expected to be seen. - - - (2) The placement of identifying purple paint marks on the trees or posts on the property, SENATE BILL NO. 16 provided that such marks are: BY SENATOR MIZELL AND REPRESENTATIVES AMEDEE, ANDERS, ARMES, (a) Vertical lines of not less than eight inches in length and not less than one inch in width. BACALA, BAGNERIS, BARRAS, BERTHELOT, BILLIOT, TERRY BROWN, (b) Placed so that the bottom of the mark is not less than three feet from the ground nor more CARMODY, CARPENTER, CHANEY, DAVIS, EDMONDS, FALCONER, FOIL, than five feet from the ground. GISCLAIR, HAVARD, HAZEL, HENRY, HILL, HORTON, HOWARD, JOHNSON, (c) Placed at locations that are readily visible to any person approaching the property and no PIERRE, REYNOLDS, SCHEXNAYDER, STOKES, TALBOT, WHITE AND WRIGHT more than one hundred feet apart on forest land, as defined in R.S. 3:3622, or one thousand feet AN ACT apart on land other than forest land. To amend and reenact R.S. 47:463(A)(3)(a) and to enact R.S. 47:463.4.4 and 463.196, relative * * * to special prestige license plates; to provide for a special prestige license plate to bear the §63.3. Entry on or remaining in places or on land after being forbidden international symbol of accessibility; to provide for the “Upside Downs” special prestige A.(1) No person shall without authority go into or upon or remain in or upon or attempt license plate; to provide an effective date; and to provide for related matters. to go into or upon or remain in or upon any structure, watercraft, or any other movable, Be it enacted by the Legislature of Louisiana: or immovable property, which belongs to another, including public buildings and structures, Section 1. R.S. 47:463(A)(3)(a) is hereby amended and reenacted and R.S. 47:463.4.4 and ferries, and bridges, or any part, portion, or area thereof, after having been forbidden to do so, 463.196 are hereby enacted to read as follows: either orally or in writing, including by means of any sign hereinafter described, by any owner, §463. Private passenger vehicles; amputee veterans exempted; church, church school, and lessee, or custodian of the property or by any other authorized person. religious order vehicles (2) For the purposes of this Section the above mentioned, Paragraph (1) of this Subsection, A. “sign” means a either: * * * (a) A sign or signs posted on or in the structure, watercraft, or any other movable, or (3)(a) The deputy secretary of the Department of Public Safety and Corrections, public safety immovable property, including public buildings and structures, ferries and bridges, or part, services, shall issue license plates for private passenger vehicles. After July 1, 1992, there shall portion or area thereof, at a place or places where such sign or signs may be reasonably be issued one uniform identifiable Louisiana license plate, the style of which shall be proposed expected to be seen. by the department and approved by the legislature on or before July 1, 1992. However, all (b) The placement of identifying purple paint marks on the trees or posts on the property, special prestige license plates issued in accordance with R.S. 47:463.6 et seq. shall contain provided that such marks are: the uniform alpha-numeric series accompanied by a symbol or emblem representing the (i) Vertical lines of not less than eight inches in length and not less than one inch in width. organization requesting such plate, and, on and after January 1, 2019, the international symbol (ii) Placed so that the bottom of the mark is not less than three feet from the ground nor more of accessibility, upon request, if the applicant is eligible in accordance with the provisions of R.S. than five feet from the ground. 47:463.4. All prestige license plates issued after August 15, 1999, shall include a handling (iii) Placed at locations that are readily visible to any person approaching the property and no charge of three dollars and fifty cents to offset the administrative costs of the department for more than one hundred feet apart on forest land, as defined in R.S. 3:3622, or one thousand feet the issuance of such plates. apart on land other than forest land. * * * * * * §463.4.4. Special prestige license plates; international symbol of accessibility §63.4. Aiding and abetting others to enter or remain on premises where forbidden A. Upon request and if the applicant is eligible in accordance with the provisions of R. S. A.(1) No person shall incite, solicit, urge, encourage, exhort, instigate, or procure any 47:463.4, any available special prestige license plate issued by the deputy secretary of the other person to go into or upon or to remain in or upon any structure, watercraft, or any THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 146 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. other movable, which belongs to another, including public buildings and structures, ferries, ACT No. 349 and bridges, or any part, portion, or area thereof, knowing that such other person has been - - - forbidden to go or remain there, either orally or in writing, including by means of any sign SENATE BILL NO. 49 hereinafter described, by the owner, lessee, or custodian of the property or by any other BY SENATORS MORRELL AND BARROW authorized person. AN ACT (2) For the purposes of this Section the Paragraph (1) of this Subsection,“sign” described in To amend and reenact R.S. 15:833(A)(1), relative to inmate contact with persons outside of a Paragraph (1) of this Subsection, means a either: correctional institution; to provide that an inmate who has sustained serious bodily injury (a) A sign or signs posted on or in the structure, watercraft or any other movable, including is entitled to visitation with immediate family members under certain circumstances; to public buildings and structures, ferries and bridges, or part, portion or area thereof, at a place provide definitions; and to provide for related matters. or places where such sign or signs may be reasonably expected to be seen. Be it enacted by the Legislature of Louisiana: (b) The placement of identifying purple paint marks on the trees or posts on the property, Section 1. R.S. 15:833(A)(1) is hereby amended and reenacted to read as follows: provided that such marks are: §833. Inmate contact with persons outside institution; temporary release (i) Vertical lines of not less than eight inches in length and not less than one inch in width. A.(1)(a) The secretary of the Department of Public Safety and Corrections may authorize (ii) Placed so that the bottom of the mark is not less than three feet from the ground nor more visits and correspondence under reasonable conditions between inmates and approved friends, than five feet from the ground. relatives, and other persons. (iii) Placed at locations that are readily visible to any person approaching the property and no (b) If an inmate sustains serious bodily injury requiring admittance to an intensive care unit or more than one hundred feet apart on forest land, as defined in R.S. 3:3622, or one thousand feet trauma center, the warden or other governing authority of the correctional facility, jail, or other apart on land other than forest land. detention facility shall attempt to notify the inmate’s immediate family within eight hours of the * * * medical decision to transport the inmate to the intensive care unit or trauma center. Approved by the Governor, May 20, 2018. (c)(i) Notwithstanding any other provision of law, if an inmate sustains serious bodily injury A true copy: requiring admittance to an intensive care unit or trauma center, a member of the inmate’s immediate R. Kyle Ardoin family shall be granted visitation with the inmate for the duration of the inmate’s admission to Secretary of State the intensive care unit or trauma center, unless the warden or other governing authority of the inmate’s correctional facility, jail, or other detention facility provides written notice, within six hours of the inmate’s admission to the intensive care unit or trauma center, to any immediate ACT No. 348 family member seeking visitation why such visitation cannot be granted. Notwithstanding the - - - provisions of this Item to the contrary, if the inmate’s admission to the intensive care unit or SENATE BILL NO. 42 trauma center occurs between the hours of 8:00 p.m. and 4:00 a.m. the correctional or detention BY SENATORS APPEL, ALARIO, ALLAIN, BOUDREAUX, CARTER, CHABERT, facility shall provide the required written notification within twenty‑four hours of the time the CLAITOR, DONAHUE, ERDEY, FANNIN, GATTI, HEWITT, LONG, LUNEAU, serious bodily injury occurred. MILKOVICH, MILLS, MIZELL, MORRELL, PEACOCK, RISER, GARY SMITH, (ii) For purposes of this Paragraph, “serious bodily injury” means bodily injury that involves THOMPSON, WALSWORTH AND WHITE unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted AN ACT loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial To enact R.S. 14:126.1.1, relative to perjury; to create the crime of false communication with risk of death. the intent to cause an emergency response by a law enforcement agency or “swatting”; to (iii) For purposes of this Paragraph, “immediate family” means a spouse, child, parent, provide definitions; to provide penalties; and to provide for related matters. stepparent, sibling, stepsibling, grandchild, or grandparent of the inmate. Be it enacted by the Legislature of Louisiana: (iv) The visitation provided for in this Subparagraph may be supervised. Section 1. R.S. 14:126.1.1 is hereby enacted to read as follows: (v) The visitation provided for in this Subparagraph may be revoked if any immediate family §126.1.1. False communication with the intent to cause an emergency response member possesses any item of contraband during the visitation. A. No person shall, with the intent to cause an emergency response by any law enforcement * * * agency or other first responder in the absence of circumstances requiring such response, knowingly Section 2. This Act shall become effective upon signature by the governor or, if not signed communicate or transmit false or misleading information indicating that conduct has taken place, by the governor, upon expiration of the time for bills to become law without signature by the is taking place, or will take place that may reasonably be believed to constitute a violation of the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by criminal law of any state or the United States, or that may reasonably be believed to endanger the governor and subsequently approved by the legislature, this Act shall become effective on public health or safety. the day following such approval. B. Any person convicted of violating the provisions of this Section: Approved by the Governor, May 20, 2018. (1) If no emergency response results, shall be imprisoned for not more than six months, or fined A true copy: not more than five hundred dollars, or both. R. Kyle Ardoin (2) Except as provided in Paragraphs (3) and (4) of this Subsection, if an emergency response Secretary of State results, shall be imprisoned, with or without hard labor, for not more than five years, or fined not less than one hundred dollars nor more than one thousand dollars, or both. (3) If an emergency response results and serious bodily injury occurs, shall be imprisoned, with ACT No. 350 or without hard labor, for not less than eight years, or fined not less than five hundred dollars nor - - - more than two thousand five hundred dollars, or both. SENATE BILL NO. 62 (4) If an emergency response results and the death of a person occurs, shall be imprisoned at BY SENATOR MARTINY hard labor for not less than ten years nor more than forty years. AN ACT C.(1) In addition to the penalties provided by Subsection B of this Section, the court shall order To enact R.S. 49:191(10)(c) and to repeal R.S. 49:191(8)(j), relative to certain agencies within the defendant to reimburse the appropriate party or parties for any expenses incurred for an the office of the governor, including provisions to provide for the re-creation of such agencies; emergency response resulting from the commission of the offense. to provide for the effective termination date for all statutory authority for the existence of (2) A person ordered to make reimbursement under this Subsection shall be jointly and severally such statutory entities; and to provide for related matters. liable for such expenses with any other person who is ordered to make reimbursement under this Be it enacted by the Legislature of Louisiana: Subsection for the same expenses. Section 1. Pursuant to R.S. 49:193, the agencies transferred to or placed within the office of (3) An order of reimbursement under this Subsection shall, for the purposes of enforcement, be the governor pursuant to R.S. 36:4.1, to wit: the Louisiana Board of Cosmetology, the Office treated as a civil judgment. of Financial Institutions, the Louisiana State Racing Commission, the Louisiana Cemetery D. For purposes of this Section: Board, the State Board of Certified Public Accountants of Louisiana, the State Board of (1) “Emergency response” means any action taken by a law enforcement agency or other first Architectural Examiners, the Louisiana Real Estate Commission, the Louisiana State Board responder to immediately respond to any conduct or event that is reasonably believed to violate of Home Inspectors, the State Licensing Board for Contractors, the Board of Examiners of the criminal law of any state or the United States, or that threatens or may reasonably be believed Certified Shorthand Reporters, the Louisiana Auctioneers Licensing Board, the State Board to threaten public health or safety. of Examiners of Interior Designers, the Louisiana Real Estate Appraisers Board, the State (2) “Law enforcement agency” includes any federal, state, or local law enforcement agency. Boxing and Wrestling Commission, the Louisiana Motor Vehicle Commission, the Louisiana Section 2. This Act shall become effective upon signature by the governor or, if not signed Used Motor Vehicle Commission, and the Louisiana State Polygraph Board shall be re-created by the governor, upon expiration of the time for bills to become law without signature by the effective June 30, 2018, and all statutory authority therefor is continued in accordance with governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the provisions of Part XII of Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950. the governor and subsequently approved by the legislature, this Act shall become effective on Section 2. All statutory authority for the existence of the aforementioned agencies and the the day following such approval. statutory entities made a part of them as re-created by Section 1 of this Act shall cease as of Approved by the Governor, May 20, 2018. July 1, 2023, pursuant to R.S. 49:191. However, the aforementioned agencies may be re-created A true copy: prior to such date in accordance with the provisions of Part XII of Chapter 1 of Title 49 of the R. Kyle Ardoin Louisiana Revised Statutes of 1950. Secretary of State Section 3. The provisions of R.S. 49:193 are hereby superseded to the extent that those provisions are in conflict with the provisions of this Act. Section 4. R.S. 49:191(10)(c) is hereby enacted to read as follows: §191. Termination of legislative authority for existence of statutory entities; phase‑out period for statutory entities; table of dates Notwithstanding any termination dates set by any previous Act of the legislature, the statutory entities set forth in this Section shall begin to terminate their operations on July first of each of the following years, and all legislative authority for the existence of any statutory THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 147 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. entity, as defined in R.S. 49:190, shall cease as of July first of the following year, which shall Subsection shall be accompanied by a copy of the order for protective custody and an affidavit be the termination date: of the coroner or his support staff reciting facts establishing probable cause for forced entry. * * * In exceptional circumstances, the facts supporting the order and the exceptional circumstances (10) July 1, 2022: may be relayed orally, including telephonically, to the judge, and the order of the judge may be * * * issued orally. In such cases, a copy of the order for protective custody and an affidavit containing (c) Those entities transferred to or placed within the office of the governor pursuant to R.S. the information relayed orally to the judge, including any telephonic communication, shall be 36:4.1. provided to the judge within twenty-four hours of taking the person into protective custody. Section 5. R.S. 49:191(8)(j) is hereby repealed. Upon the timely presentation of the copy of the order for protective custody and the affidavit Section 6. This Act shall become effective on June 30, 2018; if vetoed by the governor and of the oral communications, the judge shall issue a written order acknowledging receipt of the subsequently approved by the legislature, this Act shall become effective on June 30, 2018, or required information and of his oral order allowing forcible entry. on the day following such approval by the legislature, whichever is later. (3) Any elected coroner or his support staff, accompanied by a law enforcement officer Approved by the Governor, May 20, 2018. required to make a forceful entry to comply with a request and order for protective custody shall A true copy: be immune from civil liability for or resulting from any act, decision, omission, communication, R. Kyle Ardoin or any act or failure to act, made in good faith while engaged in the performance of his duty. Secretary of State (4) The civil immunity provided for in this Subsection shall not extend to any action for the serious bodily injury or wrongful death occasioned as a result of the restraint or transportation of the person subject to the request and order for protective custody. Neither shall such ACT No. 351 immunity from civil liability extend to actions by any third party who is physically injured - - - during the execution of a request and order for protective custody. SENATE BILL NO. 70 G.(1) If a law enforcement officer who has announced his authority and purpose of executing BY SENATOR MIZELL an order for protective custody and examination is refused or obstructed from admittance, and AN ACT a mental health professional has intervened and attempted to counsel the person regarding his To amend and reenact Code of Criminal Procedure Article 895(A)(13)(a) and to enact R.S. voluntary surrender to no avail, any elected coroner or his support staff may apply to a court of 15:574.4.2(I), relative to probation and parole; to provide that a warrantless search may be competent jurisdiction for an order allowing a law enforcement officer to break open an outer or conducted of a probationer’s residence under certain circumstances by certain probation inner door or window of any vehicle, watercraft, aircraft, structure, or dwelling in order to restrain or parole officers; to define “probation and parole officer”; to provide relative to legislative and transport the person subject to a request and order for protective custody examination. intent; and to provide for related matters. (2) The application for a court order pursuant to this Subsection shall be accompanied by a Be it enacted by the Legislature of Louisiana: copy of the order for protective custody and an affidavit of the coroner or his support staff reciting Section 1. Code of Criminal Procedure Article 895(A)(13)(a) is hereby amended and facts establishing probable cause for forcible entry. In exceptional circumstances, such facts may reenacted to read as follows: be relayed to the judge by telephone or other electronic communication and the order of the judge Art. 895. Conditions of probation may be issued orally. In such cases, a copy of the order for protective custody and an affidavit A. When the court places a defendant on probation, it shall require the defendant to refrain containing the information relayed to the judge shall be provided to the judge within twenty-four from criminal conduct and to pay a supervision fee to defray the costs of probation supervision, hours of taking the person into protective custody. Upon the timely presentation of the copy of the and it may impose any specific conditions reasonably related to his rehabilitation, including order for protective custody and the affidavit, the judge shall issue a written order acknowledging any of the following. That the defendant shall: receipt of the information and the issuance of an oral order allowing forcible entry. * * * (3) Except as provided in Paragraph (4) of this Subsection and in instances of gross negligence (13)(a) Agree to searches of his person, his property, his place of residence, his vehicle, or or willful and wanton misconduct, an elected coroner and his support staff, and the executing law his personal effects, or any or all of them, at any time, by the probation officer or the parole enforcement agency and its officers, shall not be civilly liable for any damage or injury resulting officer assigned to him or by any probation or parole officer who is subsequently assigned or from any act, decision, omission, communication, or any act or failure to act, made in good faith directed by the Department of Public Safety and Corrections to supervise the person, whether the while engaged in the performance of their duty to obtain or execute the order allowing the forcible assignment or directive is temporary or permanent, with or without a warrant of arrest or with entry or the restraining or transportation of the subject for protective custody and examination. or without a search warrant, when the probation officer or the parole officer has reasonable (4) The limitation of civil liability provided for in this Subsection shall not extend to any suspicion to believe that the person who is on probation is engaged in or has been engaged in action for the serious bodily injury or wrongful death occasioned as a result of the restraint or criminal activity. transportation of the person subject to the request and order for protective custody. Neither * * * shall such limitation of civil liability extend to injuries or damages sustained by a third party Section 2. R.S. 15:574.4.2(I) is hereby enacted to read as follows: who is physically injured during the execution of a request and order for protective custody. The §574.4.2. Decisions of committee on parole; nature, order, and conditions of parole; rules of limitation of liability provided for in this Subsection is not intended to limit or prohibit civil conduct; infectious disease testing liability otherwise provided by law. * * * * * * I. For purposes of this Section, “probation and parole officer” means: Section 2. This Act shall become effective upon signature by the governor or, if not signed (1) The probation and parole officer originally assigned to the parolee. by the governor, upon expiration of the time for bills to become law without signature by the (2) Any probation and parole officer who is subsequently assigned or directed by the Department governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by of Public Safety and Corrections to supervise the parolee, whether the assignment to the parolee the governor and subsequently approved by the legislature, this Act shall become effective on is temporary or permanent. the day following such approval. Section 3. The provisions of this Act are intended to legislatively overrule the Louisiana Approved by the Governor, May 20, 2018. Supreme Court’s decision in State of Louisiana v. Brignac, 17-448, (La. 10/18/17), 234 So.3d 46, A true copy: to the extent that the court held that a warrantless search of a probationer’s residence violates R. Kyle Ardoin the provisions of Code of Criminal Procedure Article 895(A)(13)(a) when the search is not Secretary of State conducted by the probation officer assigned to the probationer by the Department of Public Safety and Corrections. Approved by the Governor, May 20, 2018. ACT No. 353 A true copy: - - - R. Kyle Ardoin SENATE BILL NO. 99 Secretary of State BY SENATOR MORRELL AN ACT ACT No. 352 To amend and reenact R.S. 37:3718, relative to the Louisiana Behavior Analyst Board; to - - - provide for a termination date of the board; to provide for an effective date; and to provide SENATE BILL NO. 72 for related matters. BY SENATOR MARTINY Be it enacted by the Legislature of Louisiana: AN ACT Section 1. R.S. 37:3718 is hereby amended and reenacted to read as follows: To amend and reenact R.S. 28:53.2(G), relative to the execution of an order for protective §3718. Termination custody and examination; to provide certain procedures, terms, and conditions; to provide The provisions of this Chapter shall terminate and have no effect on and after July 1, 2018 relative to law enforcement; to provide relative to limitations of civil liability; and to provide 2028. for related matters. Section 2. This Act shall become effective on July 1, 2018; 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 July 1, 2018, or on Section 1. R.S. 28:53.2(G) is hereby amended and reenacted to read as follows: the day following such approval by the legislature, whichever is later. §53.2. Order for custody; grounds; civil liability; criminal penalty for making a false statement Approved by the Governor, May 20, 2018. * * * A true copy: G.(1) If refused or obstructed from admittance, any elected coroner or his support staff, R. Kyle Ardoin accompanied by a law enforcement officer, who has announced his authority and purpose, may Secretary of State apply to a court of competent jurisdiction for an order to break open an outer or inner door or window of any vehicle, water craft, aircraft, structure or dwelling in order to restrain and transport the person subject to a request and order for protective custody and examination after a mental health professional has intervened and attempted to counsel the person regarding his voluntary surrender. (2) The application for a court order allowing forcible entry pursuant to Paragraph (1) of this THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 148 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 354 forensic evidence collection from the victim of a sexual assault. - - - (c) Which entities are being billed for the forensic examinations and which entities should be SENATE BILL NO. 101 billed for such examinations. BY SENATORS MORRELL, ALARIO, APPEL, BARROW, BISHOP, BOUDREAUX, (d) What evidence is collected from the victim, how it is preserved, how it is analyzed, and CARTER, COLOMB, CORTEZ, DONAHUE, ERDEY, GATTI, HEWITT, JOHNS, what are the best practices in these areas. LONG, MILKOVICH, MILLS, MIZELL, GARY SMITH AND WARD AND (e) What standards are being followed in the investigation of sexual assault cases and what REPRESENTATIVES LEGER AND MORENO standards should be followed. AN ACT (f) What training is provided and what training should be provided to law enforcement To amend and reenact Chapter 3-C of Title 15 of the Louisiana Revised Statutes of 1950, officers and staff of the Department of Children and Family Services investigating sexual comprised of R.S. 15:555 and 556 and to enact R.S. 36:706(D), relative to sexual assault assault cases or cases of suspected sexual assault. collection kits and forensic medical examinations; to create the Louisiana Sexual Assault (g) What criteria are used and what criteria should be used in designating cases as unfounded Oversight Commission; to provide relative to the membership, meetings, quorum, or in reclassifying cases involving completed or attempted illegal sexual activity. compensation, and duties of the Louisiana Sexual Assault Oversight Commission; to (h) The current reporting requirements and those recommended by the Department of provide relative to the office of the attorney general; and to provide for related matters. Children and Family Services regarding the number of allegations of sexual abuse or assault Be it enacted by the Legislature of Louisiana: reported and investigated and the number of those which are validated or not validated. Section 1. Chapter 3-C of Title 15 of the Louisiana Revised Statutes of 1950, comprised of (i) Reports by teachers, ministers, and other mandatory reporters to the Department of R.S. 15:555 and 556, is hereby amended and reenacted to read as follows: Children and Family Services and law enforcement agencies, standards for dual investigations CHAPTER 3-C. LOUISIANA SEXUAL ASSAULT TASK FORCE and whether mandatory reporters should report to both law enforcement agencies and the OVERSIGHT COMMISSION Department of Children and Family Services. §555. Louisiana Sexual Assault Task Force Oversight Commission; creation; membership; (2) The task force shall report its findings and recommendations to the governor, the president meetings of the Senate, and the speaker of the House of Representatives not later than December 31, A. The Louisiana Sexual Assault Task Force Oversight Commission is hereby created within 2012. the Department of Justice, office of the attorney general. The task force commission shall A.(1) The commission shall develop recommendations for a standardized sexual assault consist of twenty-five the following members as follows: collection kit and protocols for forensic medical examinations of victims of sexually oriented (1) The executive director of the Louisiana District Attorneys Association or his designee. criminal offenses to be used statewide. The recommendations shall include but are not limited to (2) The executive director of the Louisiana Foundation Against Sexual Assault or her his recommendations for the physical dimensions, labeling, and contents of the collection kit, as well designee. as recommendations regarding the collection and preservation of evidence from the examination (3) The Sexual Assault Nurse Examiner/Sexual Assault Response Team (SANE/SART) and the identification of appropriate entities to perform the examination. program coordinator of the Louisiana Foundation Against Sexual Assault or her designee. (2) The commission shall continuously review its standards and protocols and make subsequent (4) The executive director of the Louisiana Sheriffs’ Association, or his designee. recommendations as needed to ensure that the sexual assault collection kit and forensic medical (5)(4) The executive director of the Louisiana Association of Chiefs of Police, or his designee. examination protocols are up to date with technological advancements and best practices. (6) The president of the Louisiana District Judges Association, or his designee. B. The office of the attorney general shall adopt all rules necessary to implement the (7)(5) The executive director of the Louisiana Commission on Law Enforcement and the recommendations for a standardized sexual assault collection kit and protocols for forensic Administration of Criminal Justice, or his designee. medical examinations and any subsequent recommendations. All rules shall be adopted pursuant (8)(6) The president of the Louisiana State Coroner’s Association, or his designee. to the provisions of the Administrative Procedure Act. (9)(7) The director of the Louisiana State Police Crime Laboratory, or his designee. Section 2. R.S. 36:706(D) is hereby enacted to read as follows: (10) The president of the Louisiana Association of Forensic Scientists, or his designee. §706. Transfer of boards, commissions, and agencies to Department of Justice (11)(8) The president of the Louisiana Hospital Association, or her his designee. * * * (12)(9) The secretary of the Louisiana Department of Health, or his designee. D. The Louisiana Sexual Assault Oversight Commission, R.S. 15:555 et seq., is placed within (13) The executive director of the Louisiana State Board of Nursing, or his designee. the Department of Justice and shall perform and exercise its powers, duties, functions, and (14) The executive director of the Louisiana CASA Association, or his designee. responsibilities as provided by law. (15) The president of the Louisiana Children’s Advocacy Center, or his designee. Approved by the Governor, May 20, 2018. (16) The secretary of the Department of Children and Family Services, or his designee. A true copy: (17) The assistant secretary of child welfare of the Department of Children and Family R. Kyle Ardoin Services, or his designee. Secretary of State (18) The medical director of the Child At Risk Evaluation Center at Children’s Hospital of New Orleans, or his designee. (19)(10) The attorney general, or his designee. ACT No. 355 (20) A member of the Association of Criminal Defense Lawyers selected by its chief executive - - - officer, or his designee. SENATE BILL NO. 106 (21) The superintendent of state police, or his designee. BY SENATOR MORRELL (22) The director of the Louisiana Coalition Against Domestic Violence, or his designee. AN ACT (23) The president of the Louisiana Juvenile Judges Association, or his designee. To amend and reenact Children’s Code Art. 898(B)(1) and (2) and (C)(1)(a) and (2) and 906(B) (24)(11) A member of the House of Representatives appointed by the speaker of the House (1) and to enact Children’s Code Art. 898(B)(4) and 906(B)(4), relative to juvenile justice; of Representatives, or his the member’s designee. to provide relative to the duration of a disposition based on a felony-grade adjudication; (25)(12) A member of the Senate appointed by the president of the Senate, or his the to provide relative to modification of dispositions; to provide for hearings; to provide for member’s designee. applicability; to provide for the scheduling of hearings; and to provide for related matters. (13) The governor or his designee. Be it enacted by the Legislature of Louisiana: (14) The chief sexual assault forensic nurse examiner from each of the two Level I trauma Section 1. Children’s Code Art. 898(B)(1) and (2) and (C)(1)(a) and (2) and 906(B)(1) are centers in Louisiana, University Medical Center – New Orleans and University Health Shreveport, hereby amended and reenacted and Children’s Code Art. 898(B)(4) and 906(B)(4) are hereby as designated by the chief executive officer of each of the two hospitals. enacted to read as follows: (15) The director of the North Louisiana Criminalistics Laboratory or his designee. Art. 898. Duration of a disposition based on a felony-grade adjudication (16) A person designated by the executive director of the Louisiana Foundation Against Sexual * * * Assault to represent the rights of sexual assault victims. B. If a child is adjudicated delinquent for a felony‑grade offense that is not a crime of B. Members of the task force commission shall serve at the pleasure of the appointing violence as defined in R.S. 14:2 and is committed to the custody of the Department of Public authority and without compensation. Travel expenses, per diem, and other expenses may be paid Safety and Corrections pursuant to Article 897(D): by the member’s employer or appointing authority. (1) The total duration of the commitment served shall not exceed nine months, including C. The attorney general or his designee shall serve as chairman, and his duties shall be credit for time spent in secure detention prior to the imposition of the disposition unless all of established by the task force commission. The office of the attorney general shall provide staff the following conditions are met: and administrative services needed by the commission to carry out the duties set forth in R.S. (a) The child is brought in person before the court for a contradictory modification hearing, 15:556. pursuant to Article 909 et seq., before the lapse of the maximum duration of the initial nine- C.D. The task force commission shall fix a time and place for its regular meeting meetings and month commitment. The hearing date shall be set by the court at the time of disposition. shall meet at least once during each calendar month every three months. Additional special or (b) The court finds by clear and convincing evidence that continued out-of-home placement regular meetings may be held upon the call of the chairman. is necessary for completion of the child’s treatment the child’s treatment cannot be accessed and D.E. A majority of the membership present shall constitute a quorum and shall be necessary completed in a less restrictive setting. to take action. A majority of the total commission membership shall constitute a quorum and (2) If the child’s commitment is continued beyond eighteen nine months, a contradictory any official action by the commission shall require an affirmative vote of a majority of the quorum modification hearing shall occur not less than every six months from the date of the disposition present and voting. on the date of the hearings scheduled as required by Article 906(B)(1). At any such hearing, if the §556. Duties of the task force commission child shall be released unless the court determines extending the child’s out-of-home placement The task force shall examine issues relating to forensic examination of sexual assault victims is not necessary to complete treatment, the child shall be released by clear and convincing and investigation of sexual assault cases, including but not limited to the following: evidence that the child’s treatment cannot be accessed and completed in a less restrictive setting. (1) The task force shall review and analyze all applicable state and federal laws, rules, The total duration of disposition shall not exceed the maximum provided in this Article. regulations, policies, procedures, and practices pertaining to all of the following: * * * (a) What entities are performing and should perform forensic examinations of sexual assault (4) The provisions of this Paragraph shall apply to all children in the custody of the office of victims. juvenile justice on and after August 1, 2018. If a child in the custody of the office of juvenile justice (b) What entities are financially responsible and should be financially responsible for the on August 1, 2018, has not had a hearing scheduled pursuant to this Paragraph, the court shall THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 149 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. schedule a hearing no later than September 30, 2018, and, if a child is eligible for a hearing, the Section 1. R.S. 44:3.2(G) is hereby enacted to read as follows: hearing shall take place no later than October 30, 2018. §3.2. Proprietary and trade secret information C. If a child is adjudicated delinquent for a felony‑grade offense that is not a crime of * * * violence as defined in R.S. 14:2 and is placed on probation: G. Notwithstanding any other provision of law to the contrary, the office of state fire marshal (1) The duration of the probation shall not exceed eighteen months unless all of the following shall provide electronic access to its information management system to the State Board of conditions are met: Architectural Examiners and the Louisiana Professional Engineering and Land Surveying (a) The child is brought in person before the court for a contradictory modification hearing, Board for the examination and reproduction of plans, drawings, and specifications submitted to as provided in Article 909 et seq., before the lapse of the maximum duration of the initial the office of state fire marshal. The State Board of Architectural Examiners and the Louisiana eighteen-month probationary period. The hearing date shall be set by the court at the time of Professional Engineering and Land Surveying Board shall not allow for examination or release disposition. of any documents obtained from the office of state fire marshal’s information system to the public * * * or other third party, including other state agencies. The office of state fire marshal shall not be (2) If probation is continued beyond eighteen months, a contradictory modification hearing held responsible or liable for any release of confidential, proprietary, or trade secret information shall occur not less than every six months from the disposition. At any such hearing, if the by the State Board of Architectural Examiners or the Louisiana Professional Engineering and court determines by clear and convincing evidence that extending the child’s probation is not Land Surveying Board. necessary to complete treatment, the child shall be released. The total duration of disposition Approved by the Governor, May 20, 2018. shall not exceed the maximum provided in this Article. A true copy: * * * R. Kyle Ardoin Art. 906. Required review hearings Secretary of State * * * B. Children in the custody of the office of juvenile justice. (1) Any child committed by a court to the custody of the office of juvenile justice must be ACT No. 358 physically transported to the committing court for an in‑person review hearing not more than - - - six months after the child’s commitment, and at least every six months thereafter, unless such SENATE BILL NO. 142 an in‑person hearing is waived by counsel for the child and by the committing court. The date BY SENATOR PETERSON of the initial review hearing shall be set by the court at the time of disposition. AN ACT * * * To enact R.S. 49:191(10)(c) and to repeal R.S. 49:191(8)(b), relative to the Department of State (4) The provisions of this Paragraph shall apply to all children in the custody of the office of Civil Service, including provisions to provide for the re‑creation of the Department of State juvenile justice on and after August 1, 2018. If a child in the custody of the office of juvenile justice Civil Service and the statutory entities made a part of the department by law; to provide for on August 1, 2018, has not had a hearing scheduled pursuant to this Paragraph, the court shall the effective termination date for all statutory authority for the existence of such statutory schedule a hearing no later than September 30, 2018, and, if a child is eligible for a hearing, the entities; and to provide for related matters. hearing shall take place no later than October 30, 2018. Be it enacted by the Legislature of Louisiana: Approved by the Governor, May 20, 2018. Section 1. Pursuant to R.S. 49:193, the Department of State Civil Service and the statutory A true copy: entities made a part of the department by law shall be re-created effective June 30, 2018, and R. Kyle Ardoin all statutory authority therefor is continued in accordance with the provisions of Part XII of Secretary of State Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950. Section 2. All statutory authority for the existence of the Department of State Civil Service and the statutory entities made a part of the department as re-created by Section 1 of this Act ACT No. 356 shall cease as of July 1, 2023, pursuant to R.S. 49:191. However, the Department of State Civil - - - Service may be re-created prior to such date in accordance with the provisions of Part XII of SENATE BILL NO. 111 Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950. BY SENATORS CORTEZ AND WALSWORTH Section 3. The provisions of R.S. 49:193 are hereby superseded to the extent that those AN ACT provisions are in conflict with the provisions of this Act. To amend and reenact R.S. 4:61(C), the section heading of R.S. 4:67, and R.S. 4:70(A) and Section 4. R.S. 49:191(10)(c) is hereby enacted to read as follows: (C), relative to the State Boxing and Wrestling Commission; to provide for domicile; to §191. Termination of legislative authority for existence of statutory entities; phase-out provide for duties of the commission; to eliminate certain terms; to provide for procedures period for statutory entities; table of dates and conditions; and to provide for related matters. Notwithstanding any termination dates set by any previous Act of the legislature, the Be it enacted by the Legislature of Louisiana: statutory entities set forth in this Section shall begin to terminate their operations on July first Section 1. R.S. 4:61(C), the section heading of R.S. 4:67, and R.S. 4:70(A) and (C) are of each of the following years, and all legislative authority for the existence of any statutory hereby amended and reenacted to read as follows: entity, as defined in R.S. 49:190, shall cease as of July first of the following year, which shall §61. State Boxing and Wrestling Commission; domicile; authority be the termination date: * * * * * * C. The commission shall be domiciled in and shall maintain an office in the city of New (10) July 1, 2022: Orleans, where and only where it may be sued. Beginning July 1, 2019, the commission shall be * * * domiciled in the city of Baton Rouge. The commission may sue to enforce the provisions of this (c) The Department of State Civil Service and all statutory entities made a part of the Chapter in any of the courts in the state. department by law. * * * Section 5. R.S. 49:191(8)(b) is hereby repealed in its entirety. §67. Gross receipts tax; deputy commissioners and doctors; disbursements Section 6. This Act shall become effective on June 30, 2018; if vetoed by the governor and * * * subsequently approved by the legislature, this Act shall become effective on June 30, 2018, or §70. Physicians and emergency medical personnel on the day following such approval by the legislature, whichever is later. A. For each boxing, mixed technique, or professional wrestling event, the commission Approved by the Governor, May 20, 2018. promoter shall appoint a physician, determined by the commission to be competent and of A true copy: good standing, who shall examine each contestant before the contestant enters the ring, and R. Kyle Ardoin who shall say whether the contestant is in physical condition to participate as advertised. The Secretary of State physician shall be present at the ringside. The physician shall render such advice or service as the commission requests. The fees of the physician for each individual event shall be paid by the club promoting the event and shall be reasonable and customary for the size and location ACT No. 359 of the event. - - - * * * SENATE BILL NO. 147 C. Any physician so appointed by the commission promoter shall be an independent BY SENATOR MORRELL AND REPRESENTATIVE MORENO contractor of the commission, not an employee. AN ACT Approved by the Governor, May 20, 2018. To enact Chapter 12-A of Title 13 of the Louisiana Revised Statutes of 1950, to be comprised A true copy: of R.S. 13:3381 through 3383, relative to certain claims initiated by alleged perpetrators of R. Kyle Ardoin sexual misconduct; to provide for special procedures when claims are against the alleged Secretary of State victim; to provide for waivers; to provide for damages; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. Chapter 12-A of Title 13 of the Louisiana Revised Statutes of 1950, comprised of ACT No. 357 R.S. 13:3381 through 3383, is hereby enacted to read as follows: - - - CHAPTER 12-A. SLANDER, DEFAMATION, OR LIBEL PROCEEDINGS SENATE BILL NO. 133 RELATED TO SEXUAL MISCONDUCT BY SENATORS HEWITT AND BARROW §3381. Stay of proceedings AN ACT A.(1) Notwithstanding any provision of law to the contrary, upon the filing of a motion to stay To enact R.S. 44:3.2(G), relative to public records; to provide an exception for access to by the defendant, the court shall stay the proceedings on a claim for defamation of character, proprietary and trade secrets in the custody or control of the office of state fire marshal; to libel, slander, or damage to reputation when the plaintiff is an alleged perpetrator of sexual provide access to state fire marshal documents by certain entities; and to provide for related misconduct against the defendant who is the alleged victim until such time as all civil or criminal matters. investigations, administrative hearings, or any other hearing or legal proceeding regarding the Be it enacted by the Legislature of Louisiana: allegations of sexual misconduct are complete and final. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 150 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. (2) For purposes of this Subsection, the motion to stay shall identify the forum of the pending (1) Makes a good-faith attempt, based on the circumstances known to the person at the time, to investigation, hearing, or proceeding. locate the owner of the motor vehicle before entering, forcibly or otherwise, the vehicle. (3) For purposes of this Chapter, a plaintiff is “an alleged perpetrator of sexual misconduct” if (2) Contacts the local law enforcement agency, the fire department, animal control, or the 911 there is a pending claim of unwelcome behavior of a sexual nature that was allegedly committed emergency operator before entering the motor vehicle forcibly or otherwise. without consent or by force, intimidation, coercion, or manipulation and the victim of the (3) Determines the motor vehicle is locked and has a good-faith belief that there are no other unwelcome behavior is the defendant. reasonable means for the animal to be removed from the vehicle. B.(1) Notwithstanding any provision of law to the contrary, if the claim for defamation of (4) Believes that removal of the animal from the motor vehicle is necessary because the animal character, libel, slander, or damage to reputation referred to in Subsection A of this Section is is in imminent danger of death. determined by the court to be fraudulent or frivolous, the court shall order the plaintiff to pay (5) Uses force that was reasonably necessary under the circumstances to enter the motor vehicle all court costs and reasonable attorney fees and the defendant shall be entitled to exemplary to rescue the animal. damages. (6) Places a notice on the windshield of the motor vehicle providing details of the person’s (2) For the purposes of this Section, “fraudulent” and “frivolous” shall have the same meaning contact information, the reason the entry was made, the location of the animal, and notice that as provided in R.S. 13:5241. the proper authorities have been notified. (3) The amount of exemplary damages that may be awarded to the defendant by the court (7) Remains with the animal in a safe location, out of the elements of nature but reasonably pursuant to Paragraph (1) of this Subsection shall be at the court’s discretion and shall not be close to the motor vehicle, until emergency responders from law enforcement, fire, or animal subject to any cap or similar limitation provided by law. control arrive, unless the person cannot remain with the animal, in which case the person shall §3382. Waiver notify the local law enforcement agency, the fire department, animal control, or the 911 emergency A. Notwithstanding any provision of law to the contrary, a plaintiff filing a claim for defamation operator, as applicable, before leaving the motor vehicle, and shall then take the animal to the of character, libel, slander, or damage to reputation referenced in R.S. 13:3381, waives all closest shelter, as applicable. privileges and protections relating to the civil or criminal investigations, administrative hearings, C. As used in this Section: or any other hearing or legal proceeding regarding the alleged sexual misconduct. (1) “Animal” means any cat or dog kept for pleasure, companionship, or other purposes that are B. Such waiver shall apply but not be limited to all evidence, records, testimony, and findings of not purely commercial. an investigation, hearing, or proceeding. (2) “Unattended” means an animal who has been left in a motor vehicle when the driver or C. Such waiver shall not be construed to waive the attorney-client privilege of any party. operator of the vehicle is more than thirty feet from the vehicle or cannot be contacted by verbally §3383. Costs calling out for the owner of the vehicle. A defendant shall not be required to prepay costs to file an answer to a claim for defamation of (3) “In distress” means any condition that endangers the health or well-being of an animal due character, libel, slander, or damage to reputation referenced in R.S. 13:3381. to heat, cold, or lack of adequate ventilation or any other circumstances that could reasonably be Approved by the Governor, May 20, 2018. expected to cause suffering, disability, or death. A true copy: Approved by the Governor, May 20, 2018. R. Kyle Ardoin A true copy: Secretary of State R. Kyle Ardoin Secretary of State

ACT No. 360 - - - ACT No. 361 SENATE BILL NO. 156 - - - BY SENATOR CARTER SENATE BILL NO. 166 AN ACT BY SENATORS THOMPSON AND JOHNS To enact R.S. 37:1738 and 1738.1, relative to liability of persons providing certain gratuitous AN ACT care; to provide with respect to immunity from liability for a person providing gratuitous To enact R.S. 15:541.1(A)(6) and (7), relative to the posting of the National Human Trafficking emergency care to a minor or a domestic animal; to provide with respect to immunity from Resource Center hotline; to require airports, railroad passenger stations, and bus terminals liability for the vehicle owner; to provide certain definitions, terms, procedures, conditions, and stations to post information regarding the hotline; to provide for the location of the and effects; and to provide for related matters. posting; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Be it enacted by the Legislature of Louisiana: Section 1. R.S. 37:1738 and 1738.1 are hereby enacted to read as follows: Section 1. R.S. 15:541.1(A)(6) and (7) are hereby enacted to read as follows: §1738. Immunity from liability; gratuitous emergency care to minor §541.1. Posting of the National Human Trafficking Resource Center hotline; content; A. There shall be no liability on the part of a person for property damage or trespass to a motor languages; notice; civil penalty vehicle, if the damage was caused while the person was rescuing a minor in distress from a locked A. All of the following establishments shall be required to post information regarding the motor vehicle as provided in this Section. The immunity from liability for property damage to a National Human Trafficking Resource Center hotline: motor vehicle as provided herein does not affect a person’s liability for bodily injury suffered by * * * the minor while the person was rescuing the minor. There shall be no liability on the part of the (6) Every airport as defined in R.S. 2:1(9) and by the Federal Aviation Administration, including owner of the vehicle for any conduct that might otherwise be actionable in defending his vehicle. private-use airports. Each airport shall post the information in the same location where other B. The immunity provided by Subsection A of this Section shall apply only if the person: employee notices required by state or federal law are posted. (1) Makes a good-faith attempt, based on the circumstances known to the person at the time, to (7) Every bus terminal or station or railroad passenger station, including terminals or stations locate the owner of the motor vehicle before entering, forcibly or otherwise, the vehicle. that are privately owned or owned by the state or a local governing authority. Each bus station or (2) Contacts the local law enforcement agency, the fire department, or the 911 emergency terminal or railroad passenger station shall post the information in the same location where other operator before entering the motor vehicle forcibly or otherwise. employee notices required by state or federal law are posted. (3) Determines the motor vehicle is locked and has a good-faith belief that there are no other * * * reasonable means for the minor to be removed from the vehicle. Section 2. This Act shall become effective upon signature by the governor or, if not signed (4) Believes that removal of the minor from the motor vehicle is necessary because the minor is by the governor, upon expiration of the time for bills to become law without signature by the in imminent danger of suffering harm. governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by (5) Uses force that was reasonably necessary under the circumstances to enter the motor vehicle the governor and subsequently approved by the legislature, this Act shall become effective on to rescue the minor. the day following such approval. (6) Places a notice on the windshield of the motor vehicle providing details of the person’s Approved by the Governor, May 20, 2018. contact information, the reason the entry was made, the location of the minor, and notice that the A true copy: proper authorities have been notified. R. Kyle Ardoin (7) Remains with the minor in a safe location, out of the elements of nature but reasonably Secretary of State close to the motor vehicle, until emergency responders from law enforcement, or fire, arrive, unless the person cannot remain with the minor, in which case the person shall notify the local law enforcement agency, the fire department, or the 911 emergency operator, as applicable, before ACT No. 362 leaving the motor vehicle, and shall then take the minor to the closest police station, or hospital, - - - as applicable. SENATE BILL NO. 169 C. As used in this Section: BY SENATOR THOMPSON (1) “Minor” means a person who has not reached the age of eighteen. AN ACT (2) “Unattended” means a minor who has been left in a motor vehicle when the driver or operator To amend and reenact R.S. 3:1431(19), 1435(5), 1436(4)(d) and (5)(e), and 1444(10) and R.S. of the vehicle is more than ten feet from the vehicle and unable to continuously observe the minor. 44:4.1(B)(1) and to repeal R.S. 3:1431(23), relative to seeds; to provide for the authority of (3) “In distress” means any condition that endangers the health or well-being of a minor due the commissioner of agriculture; to require seed test confidentiality; to provide relative to to heat, cold, lack of adequate ventilation, or any other circumstances that could reasonably be seed labeling; to provide for definitions; and to provide for related matters. expected to cause suffering, disability, or death. Be it enacted by the Legislature of Louisiana: §1738.1. Immunity from liability; gratuitous emergency care to domestic animal Section 1. R.S. 3:1431(19), 1435(5), 1436(4)(d) and (5)(e), and 1444(10) are hereby amended A. There shall be no liability on the part of a person for property damage or trespass to a motor and reenacted to read as follows: vehicle, if the damage was caused while the person was rescuing an animal in distress as provided §1431. Terms defined in this Section. The immunity from liability for property damage to a motor vehicle as provided As used in this Part, the following terms have the meanings given: herein does not affect a person’s liability for bodily injury suffered by the animal while the person * * * was rescuing the animal. (19) “Noxious weeds” are weeds that are highly destructive injurious to the environment, B. The immunity provided by Subsection A of this Section shall apply only if the person: agricultural fields, lawns, or gardens and difficult to control by good cultural practices and the THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 151 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. use of herbicides. functions imposed herein, and may employ such professional and technical personnel as may * * * be necessary in the unclassified service, subject to the other provisions of this Section. §1435. Authority of the commissioner (b) He may perform criminal history records checks of current and prospective employees, The commissioner may: designated by the legislative auditor to audit the records of an agency listed in R.S. 15:587.5, who * * * have access to federal tax information. (5) Make purity, and germination, and additional tests of seeds for persons on upon request. * * * The analyses shown by this test these tests shall be for the information of the person requesting §513.1. Audit of accounts of Department of Revenue; confidentiality of information; the test only and shall not be made the basis of the guaranteed analysis of the seeds required unauthorized disclosure; criminal history information by R.S. 3:1436 confidential and shall be made available only to the requestor, unless otherwise * * * specifically authorized by the requestor. E. The legislative auditor shall perform criminal history records checks of current and * * * prospective employees, designated by the legislative auditor to audit the records of the Department §1436. Labeling of seeds of Revenue, in accordance with the procedures provided in R.S. 15:587.5. Pursuant to this Each container of agricultural, vegetable, or flower seeds, or other propagating stock that is authorization and to implement the requirements of R.S. 15:587.5, the legislative auditor shall sold or offered for sale in Louisiana for planting purposes shall bear thereon or have attached establish policies with regard to this matter. thereto in a conspicuous place a label plainly written or printed in the English language. The Section 3. This Act shall become effective upon signature by the governor or, if not signed label shall give the following information: by the governor, upon expiration of the time for bills to become law without signature by the * * * governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by (4) On vegetable seeds in containers of one pound or less which germinate equal to or above the governor and subsequently approved by the legislature, this Act shall become effective on the standards established by the commission under the provisions of R.S. 3:1433(3)(a): the day following such approval. * * * Approved by the Governor, May 20, 2018. (d) The calendar month and year of the germination test or the year for which the seeds were A true copy: packed for sale. R. Kyle Ardoin (5) On vegetable seeds in containers of one pound or less that germinate less than the Secretary of State standards established by the commission under the provisions of R.S. 3:1433(3)(a): * * * (e) The calendar month and year the germination tests were completed or the year for which ACT No. 364 the seeds were packed for sale. - - - * * * SENATE BILL NO. 196 §1444. Prohibitions BY SENATOR FANNIN No person shall: AN ACT * * * To amend and reenact R.S. 40:1730.39(A), relative to the state uniform construction code; to (10) Use relabeling stickers without having both the calendar, month, and year the provide for powers of the state fire marshal; to provide relative to the contractual authority germination test was completed and the lot number that matches the existing, original lot of the state fire marshal; to provide for certain terms, conditions, and procedures; and to number. provide for related matters. Section 2. R.S. 44:4.1(B)(1) is hereby amended and reenacted to read as follows: Be it enacted by the Legislature of Louisiana: §4.1. Exceptions Section 1. R.S. 40:1730.39(A) is hereby amended and reenacted to read as follows: * * * §1730.39. Powers of state fire marshal B. The legislature further recognizes that there exist exceptions, exemptions, and limitations A.(1) The state fire marshal may establish contract agreements with municipalities and to the laws pertaining to public records throughout the revised statutes and codes of this state. parishes in order to provide code enforcement on behalf of the municipality or parish as Therefore, the following exceptions, exemptions, and limitations are hereby continued in effect provided in R.S. 40:1730.24 of this Part. by incorporation into this Chapter by citation: (2)(a) The agreement may include a provision that permits the state fire marshal to take (1) R.S. 3:556.10, 558.10, 559.9, 750, 1401, 1413, 1430.7, 1435, 3204, 3221, 3370, 3421, 3524, into consideration practical and unreasonable economic hardships before applying the strict 3706, 4021, 4110, 4162 requirements of this Part. Pursuant to the contractual agreement with a municipality or parish * * * executed in accordance with the provisions of this Subsection and upon appeal of the professional Section 3. R.S. 3:1431(23) is hereby repealed in its entirety. of record for a plan review of a structure, except one- or two-family dwellings, the state fire marshal Section 4. This Act shall become effective upon signature by the governor or, if not signed may allow alternative materials, design, and methods of construction and equipment that comply by the governor, upon expiration of the time for bills to become law without signature by the with the provisions of the International Building Code, Chapter 1-Scope and Administration, governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by relative to alternative materials, design, and methods of construction and equipment. the governor and subsequently approved by the legislature, this Act shall become effective on (b) The state fire marshal may adopt, in accordance with the Administrative Procedure Act, the day following such approval. the provisions set forth in the International Building Code, Chapter 1-Scope and Administration, Approved by the Governor, May 20, 2018. relative to alternative materials, design, and methods of construction and equipment. A true copy: * * * R. Kyle Ardoin Approved by the Governor, May 20, 2018. Secretary of State A true copy: R. Kyle Ardoin Secretary of State ACT No. 363 - - - SENATE BILL NO. 177 ACT No. 365 BY SENATOR WALSWORTH - - - AN ACT SENATE BILL NO. 212 To amend and reenact the introductory paragraph of R.S. 15:587.5(A) and R.S. 24:513(D)(3) BY SENATOR GATTI and to enact R.S. 15:587.5(A)(7) and R.S. 24:513.1(E), relative to the legislative auditor; to AN ACT authorize the legislative auditor to have access to federal tax information relative to auditees; To amend and reenact R.S. 48:262(A), relative to the Department of Transportation and to authorize the legislative auditor to perform criminal background checks on the auditor’s Development; to authorize the department to rent or lease maintenance equipment; and to employees having access to federal tax information; and to provide for related matters. provide for related matters. Be it enacted by the Legislature of Louisiana: Be it enacted by the Legislature of Louisiana: Section 1. The introductory paragraph of R.S. 15:587.5(A) is hereby amended and reenacted Section 1. R.S. 48:262(A) is hereby amended and reenacted to read as follows: and R.S. 15:587.5(A)(7) is hereby enacted to read as follows: §262. Maintenance equipment owned by or temporarily leased to the; rent or lease by the §587.5. Agencies with access to federal tax information; criminal history information department; rent or lease to others A. For purposes of this Section, “agency” means any agency that has an agreement with the A. When the secretary determines that it is necessary or economically feasible to use Internal Revenue Service to access federal tax information or is authorized by law to audit the specialized maintenance equipment which will not be needed on a permanent basis, the records of an agency that has access to federal tax information. “Agency” shall include all of department may rent or lease, in accordance with the provisions of the public bid law, such the following: equipment for the shortest period required under the circumstances. In all other cases, the * * * department shall own the fixed and mobile equipment necessary to appropriately maintain and (7) The legislative auditor and employees designated by the legislative auditor to audit the operate the facilities under its jurisdiction. In the purchase or acquisition of this equipment, it records of an agency that has access to federal tax information. is not required to accept the equipment offered at the lowest price when such a practice would * * * result in the ownership or use of so many different types or brands that economic operation Section 2. R.S. 24:513(D)(3) is hereby amended and reenacted and R.S. 24:513.1(E) is hereby and maintenance of the equipment would be impracticable. The department is not required to enacted to read as follows: accept equipment offered at the lowest price when such a practice would result in the use of so §513. Powers and duties of legislative auditor; audit reports as public records; assistance and many different types or brands that economic operation of the equipment would be impracticable. opinions of attorney general; frequency of audits; subpoena power * * * * * * Approved by the Governor, May 20, 2018. D. In addition, the legislative auditor shall perform the following duties and functions: A true copy: * * * R. Kyle Ardoin (3)(a) He shall employ such personnel as may be necessary to perform the duties and 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 152 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 366 E. If a quarterly report is not submitted timely to the city council, the executive director shall - - - attend the council’s next regularly scheduled meeting and present to the council the reasons for SENATE BILL NO. 227 the failure to timely submit the report. BY SENATOR MORRELL AND REPRESENTATIVES BAGNERIS, F. In addition to the other requirements of this Section, the board shall send a report, by BOUIE, GAROFALO AND JIMMY HARRIS electronic mail, to the members of the Orleans Parish legislative delegation and the members AN ACT of the governing authority of Orleans Parish detailing the pumping and electrical power of its To amend and reenact R.S. 33:4071(A)(1), (2)(a), (4), and (5), 4074, and the introductory facilities and the available manpower no later than twenty-four hours prior to a hurricane entering paragraph of 4091(C) and to enact R.S. 33:4091(C)(8), (D), and (E), relative to the city the Gulf of Mexico as determined by the National Weather Service and no later than forty-eight of New Orleans; to provide relative to the Sewerage and Water Board of New Orleans; to hours after a flood watch or warning or thunderstorm watch or warning is issued by the National increase the membership of the board; to provide for the mayor’s designee; to provide with Weather Service for any area of Orleans Parish. respect to the content and due date for quarterly reports of the board; to provide for an Section 2. Except as provided in Section 3 of this Act, the provisions of this Act shall become effective date; and to provide for related matters. effective upon signature by the governor or, if not signed by the governor, upon expiration of Notice of intention to introduce this Act has been published. the time for bills to become law without signature by the governor, as provided by Article Be it enacted by the Legislature of Louisiana: III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently Section 1. R.S. 33:4071(A)(1), (2)(a), (4), and (5), 4074, and the introductory paragraph of approved by the legislature, this Act shall become effective on the day following such approval. 4091(C) are hereby amended and reenacted and R.S. 33:4091(C)(8), (D), and (E) are hereby Section 3.(A) The provisions of Section 1 of this Act shall take effect and become operative enacted to read as follows: on the first day of January following an election at which a majority of the voters of the city §4071. Creation and organization of sewerage and water board of New Orleans approve an amendment to Article V, Chapter 3, Section 5-301 of the home A.(1) The public water system, the public sewerage system, and the public drainage system rule charter of the city to change the composition of the Sewerage and Water Board of New of the city of New Orleans shall be constructed, controlled, maintained, and operated by a Orleans to provide the identical composition of the board as contained in this Act. sewerage and water board to be composed as follows: (B) The terms of the members of the Sewerage and Water Board of New Orleans in office (a) The mayor. on the first day of January as provided in Subsection (A) of this Section shall terminate on (b) The chair of the Public Works, Sanitation and Environment Committee of the New Orleans that date; however, the members shall remain in office until the board members are appointed city council, a member of the committee appointed by the chair, or a civil engineer appointed by as provided in Section 1 of this Act and take office. The members of the Sewerage and Water the chair. Any member appointed by the chair shall serve at the pleasure of the chair. Board of New Orleans shall be appointed and shall take office as provided in this Act and shall (c) Two syndicate members of the board of liquidation, city debt, to be appointed by the serve terms of office as provided in this Act. This Section shall not be construed to prevent the mayor on the recommendation of the board of liquidation, city debt. reappointment to the board of a member in office on the effective date of this Act. (c)(d) Eight Seven citizens, to be appointed by the mayor, with the advice and consent of the Approved by the Governor, May 20, 2018. city council from a list of nominees submitted by the Sewerage and Water Board Selection A true copy: Committee. R. Kyle Ardoin (d)(e) The members appointed pursuant to Subparagraphs (b) and (c) and (d) of this Secretary of State Paragraph shall include one citizen from each of the five council manic districts within the city of New Orleans. In addition, two of the appointments shall be consumer advocates with community advocacy or consumer protection experience or experience in a related field, and ACT No. 367 one of the appointments shall be a retired civil engineer. - - - (2)(a) For purposes of this Section, the Sewerage and Water Board Selection Committee, SENATE BILL NO. 231 hereinafter referred to as the “selection committee”, is hereby created to be comprised as BY SENATOR MORRELL follows: AN ACT (i) The president of Dillard University or his the president’s designee. To amend and reenact R.S. 14:95.1.3(D) and 95.10(B) and the introductory paragraph of (ii) The president of Loyola University or his the president’s designee. R.S. 46:2136.3(A), to enact R.S. 14:79(A)(4), 95.1.3(E), and 95.1.4, R.S. 46:2136.3(C), and (iii) The president of Tulane University or his the president’s designee. Title XXXV of the Code of Criminal Procedure, to be comprised of Arts. 1000 through (iv) The president of Xavier University or his the president’s designee. 1003, and to repeal R.S. 46:2137, relative to firearms; to provide penalties for the violation (v) The chancellor of Delgado Community College or his the chancellor’s designee. of a protective order; to provide penalties for fraudulent firearms purchases; to prohibit (vi) The chancellor of University of New Orleans or his the chancellor’s designee. the illegal transfer of a firearm to a prohibited possessor; to require certain reporting; to (vii) The chancellor of Southern University at New Orleans or his the chancellor’s designee. create a firearm transfer program; to designate sheriffs as repository for firearms; to provide (viii) The chair of the board of directors of the New Orleans Chamber of Commerce or his procedure for storage and return of firearms; to require the development of forms, policies, the chair’s designee. and procedures; and to provide for related matters. (ix) The president of the board of directors of the New Orleans Regional Black Chamber of Be it enacted by the Legislature of Louisiana: Commerce or his the president’s designee. Section 1. R.S. 14:95.1.3(D) and 95.10(B) are hereby amended and reenacted and R.S. (x) The chair of the board of directors of the Urban League of Greater New Orleans or his 14:79(A)(4), 95.1.3(E), and 95.1.4 are hereby enacted to read as follows: the chair’s designee. §79. Violation of protective orders * * * A.(1)(a) * * * (4)(a) For members appointed pursuant to Subparagraphs (A)(1)(b) and (c) and (d) of this (4) Violation of protective orders shall also include the possession of a firearm or carrying Section Subsection, the terms of office shall be four years after initial terms as provided in a concealed weapon in violation of R.S. 46:2136.3, the purchase or attempted purchase of a Subparagraph (b) of this Paragraph. A member shall serve no more than two consecutive firearm, and the carrying of a concealed weapon in violation of R.S. 14:95.1, 95.1.3, or 95.10. terms of office. * * * (b) Two Three members shall serve an initial term of one year; two three members shall serve §95.1.3. Fraudulent firearm and ammunition purchase; mandatory reporting an initial term of two years; two three members shall serve an initial term of three years; and * * * two members shall serve an initial term of four years, as determined by lot at the first meeting D. Whoever violates the provisions of this Subsection A of this Section shall be fined not of the board. less than one thousand dollars or more than five thousand dollars, or imprisoned, with or (5) If the mayor is unable to attend a meeting of the sewerage and water board, he the mayor without hard labor, for not less than one year or more than five twenty years, or both. At least may be represented at any such the board meeting by a person designated by the mayor who one year of the The sentence imposed shall be served without benefit of parole, probation, or shall be an unclassified member of the mayor’s administration. Any such The person shall have suspension of sentence. all rights and powers granted to the mayor with regard to any such board meeting and shall E.(1) If a person is reported ineligible to purchase firearms by the National Instant Criminal have including the right to vote for or in the stead of the absent mayor. In addition, any such Background Check System (NICS), the licensed dealer shall report the NICS denial to the sheriff person and shall be counted for purposes of a quorum. of the parish in which the attempted purchase occurred and to the Louisiana Automated Victim * * * Notification System. §4074. Meetings of the board (2) If at any time a law enforcement agency discovers that a licensed dealer knew or should All meetings of the board shall be held in accordance with rules adopted by the board and have known that a purchaser or attempted purchaser of a firearm was prohibited from possessing shall be open and public. All its transactions shall be recorded in the minutes to be kept in a firearm and the licensed dealer failed to report as required by this Section, the sheriff or law writing by the executive director, and its records shall be public. Six members thereof shall enforcement agency shall notify all state and federal licensing agencies of the licensed dealer’s constitute a quorum. failure to report. * * * §95.1.4. Illegal transfer of a firearm to a prohibited possessor §4091. Reports of board A. Illegal transfer of a firearm to a prohibited possessor is the intentional giving, selling, * * * donating, lending, delivering, or otherwise transferring a firearm to any person known to the C. In addition to the requirements of Subsections A and B of this Section, the board shall offender to be a person prohibited from possessing a firearm under state or federal law. report quarterly, in September, December, March, and June, no later than the first day of the B. Whoever commits the crime of illegal transfer of a firearm to a prohibited possessor may second month following the close of each calendar quarter to the city council relative to its be fined not more than two thousand five hundred dollars, imprisoned for not more than one year, operations. Such The report shall include the following in a manner as prescribed by the city or both. council: * * * * * * §95.10. Possession of a firearm or carrying of a concealed weapon by a person convicted of (8) The identity and detailed information on the status of all projects and all improvements domestic abuse battery and certain offenses of battery of a dating partner made since the close of the last quarter. * * * D. The mayor or the chief administrative officer and the executive director shall present each B. Whoever is found guilty of violating the provisions of this Section shall be imprisoned quarterly report to the city council at the next regularly scheduled city council meeting dedicated with or without hard labor for not less than one year nor more than five twenty years without to public works. the benefit of probation, parole, or suspension of sentence, and shall be fined not less thanfive THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 153 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. hundred one thousand dollars nor more than one five thousand dollars. A.(1) The sheriff of each parish shall be responsible for oversight of firearm transfers in * * * his parish. For each firearm transferred pursuant to this Title, the sheriff shall offer all of the Section 2. The introductory paragraph of R.S. 46:2136.3(A) is hereby amended and following options to the transferor: reenacted and R.S. 46:2136.3(C) is hereby enacted to read as follows: (a)(i) Allow a third party to receive and hold the transferred firearms. The third party shall §2136.3. Prohibition on the possession of firearms by a person against whom a protective complete a firearms acknowledgment form that, at a minimum, informs the third party of the order is issued relevant state and federal laws, lists the consequences for noncompliance, and asks if the third A. Any person against whom the court has issued a permanent injunction or a protective party is able to lawfully possess a firearm. No firearm shall be transferred to a third party living in order pursuant to a court-approved consent agreement or pursuant to the provisions of R.S. the same residence as the transferor at the time of transfer. The sheriff shall prescribe the manner 9:361 et seq., R.S. 9:372, R.S. 46:2136, 2151, or 2173, Children’s Code Article 1570, Code of in which firearms are transferred to a third party. Civil Procedure Article 3607.1, or Code of Criminal Procedure Articles 30, 320, or 871.1 shall (ii) If a firearm is transferred to a third party pursuant to the provisions of this Subparagraph, be prohibited from possessing a firearm or carrying a concealed weapon for the duration of the the sheriff shall advise the third party that return of the firearm to the person before the person is injunction or protective order if both of the following occur: able to lawfully possess the firearms pursuant to state or federal law may result in the third party * * * being charged with a crime. C. Whoever violates the provisions of this Section shall be in violation of and subject to the (b) Store the transferred firearms in a storage facility with which the sheriff has contracted for penalties set forth in R.S. 14:79. the storage of transferred firearms. The sheriff may charge a reasonable fee for the storage of Section 3. Title XXXV of the Code of Criminal Procedure, comprised of Arts. 1000 through such firearms. 1003, is hereby enacted to read as follows: (c) Oversee the legal sale of the transferred firearms to a third party. The sheriff may contract TITLE XXXV. DOMESTIC VIOLENCE PREVENTION FIREARM with a licensed firearms dealer for such purpose. The sheriff may charge a reasonable fee to TRANSFER oversee the sale of firearms. Art. 1000. Definitions (2) The sheriff may also accept and store the transferred firearms. The sheriff may charge a As used in this Title: reasonable fee for the storage of such firearms. (1) “Firearm” means any pistol, revolver, rifle, shotgun, machine gun, submachine gun, black B. The sheriff shall prepare a receipt for each firearm transferred and provide a copy to the powder weapon, or assault rifle which is designed to fire or is capable of firing fixed cartridge person transferring the firearms. The receipt shall include the date the firearm was transferred, ammunition or from which a shot or projectile is discharged by an explosive. the firearm manufacturer, and firearm serial number. The receipt shall be signed by the officer (2) “Sheriff” means the sheriff of the jurisdiction in which the order was issued, unless the accepting the firearms and the person transferring the firearms. The sheriff may require the person resides outside of the jurisdiction in which the order is issued. If the person resides outside receipt to be presented before returning a transferred firearm. of the jurisdiction in which the order is issued, “sheriff” means the sheriff of the parish in which C. The sheriff shall keep a record of all transferred firearms including but not limited to the the person resides. name of the person transferring the firearm, date of the transfer, the manufacturer, model, serial Art. 1001. Transfer of firearms number, and the manner in which the firearm is stored. A.(1) When a person is convicted of any of the following, the judge shall order the transfer of D.(1) When the person is no longer prohibited from possessing a firearm under state or federal all firearms and the suspension of a concealed handgun permit of the person: law, the person whose firearms were transferred pursuant to the provisions of this Title may file a (a) A conviction of domestic abuse battery (R.S. 14:35.3). motion with the court seeking an order for the return of the transferred firearms. (b) A second or subsequent conviction of battery of a dating partner (R.S. 14:34.9). (2) Upon reviewing the motion, if the court determines that the person is no longer prohibited (c) A conviction of battery of a dating partner that involves strangulation (R.S. 14:34.9(K)). from possessing a firearm under state or federal law, the court shall issue an order stating that the (d) A conviction of battery of a dating partner when the offense involves burning (R.S. firearms transferred pursuant to the provisions of this Title shall be returned to the person. The 14:34.9(L)). order shall include the date on which the person is no longer prohibited from possessing a firearm (e) A conviction of possession of a firearm or carrying a concealed weapon by a person convicted and a copy of the order shall be sent to the sheriff. of domestic abuse battery and certain offenses of battery of a dating partner (R.S. 14:95.10). (3) No sheriff or third party to whom the firearms were transferred pursuant to the provisions (2) Upon issuance of an injunction or order under any of the following circumstances, the judge of this Title, shall return a transferred firearm prior to receiving the order issued by the court shall order the transfer of all firearms and the suspension of a concealed handgun permit of the pursuant to the provisions of this Paragraph. person who is subject to the injunction or order: (4) After a firearm is returned pursuant to the provisions of this Paragraph, the sheriff shall (a) The issuance of a permanent injunction or a protective order pursuant to a court-approved destroy the records pertaining to the returned firearms and instruct the clerk of court of that consent agreement or pursuant to the provisions of R.S. 9:361 et seq., R.S. 9:372, R.S. 46:2136, parish to destroy the pertinent records. 2151, or 2173, Children’s Code Article 1570, Code of Civil Procedure Article 3607.1, or Articles E. The sheriff shall exercise due care to preserve the quality and function of all firearms 30, 320, or 871.1 of this Code. transferred under the provisions of this Title. However, the sheriff shall not be liable for damage (b) The issuance of a Uniform Abuse Prevention Order that includes terms that prohibit the to firearms except for cases of willful or wanton misconduct or gross negligence. In addition, person from possessing a firearm or carrying a concealed weapon. the sheriff shall not be liable for damage caused by the third party to whom the firearms were B.(1) The order to transfer firearms and suspend a concealed handgun permit shall be issued by transferred pursuant to the provisions of this Title. the court at the time of conviction for any of the offenses listed in Subparagraph (A)(1) of this Art. 1003. Implementation Article or at the time the court issues an injunction or order under any of the circumstances listed The sheriff, clerk of court, and district attorney of each parish shall develop forms, policies, in Subparagraph (A)(2) of this Article. and procedures no later than January 1, 2019, regarding the communication of convictions and (2) In the order to transfer firearms and suspend a concealed handgun permit the court shall orders issued between agencies, procedures for the acceptance of transferred firearms, procedures inform the person subject to the order that he is prohibited from possessing a firearm and carrying for the storage of transferred firearms, return of transferred firearms, the proof of transfer form, a concealed weapon pursuant to the provisions of 18 U.S.C. 922(g)(8) and Louisiana law. the declaration of nonpossession form, and any other form, policy, or procedure necessary to C. At the same time an order to prohibit a person from possessing a firearm or carrying a effectuate the provisions of this Title. concealed weapon is issued, the court shall also cause all of the following to occur: Section 4. R.S. 46:2137 is hereby repealed in its entirety. (1) Require the person to state in open court or complete an affidavit stating the number of Section 5. If any provision or item of this Act, or the application thereof, is held invalid, firearms in his possession and the location of all firearms in his possession. such invalidity shall not affect other provisions, items, or applications of the Act which can be (2) Require the person to complete a firearm information form that states the number of given effect without the invalid provision, item, or application and to this end the provisions of firearms in the person’s possession, the serial number of each firearm, and the location of each this Act are hereby declared severable. firearm. Section 6. This Act shall become effective on October 1, 2018. (3) Transmit a copy of the order to transfer firearms and a copy of the firearm information Approved by the Governor, May 20, 2018. form to the sheriff of the parish or the sheriff of the parish of the person’s residence. A true copy: D.(1) The court shall, on the record and in open court, order the person to transfer all firearms R. Kyle Ardoin in his possession to the sheriff no later than forty-eight hours, exclusive of legal holidays, after Secretary of State the order is issued and a copy of the order and firearm information form required by Paragraph C of this Article is sent to the sheriff. If the person is incarcerated at the time the order is issued, he shall transfer his firearms no later than forty-eight hours after his release from incarceration, ACT No. 368 exclusive of legal holidays. At the time of transfer, the sheriff and the person shall complete a - - - proof of transfer form. The proof of transfer form shall not contain the quantity of firearms SENATE BILL NO. 233 transferred or any identifying information about any firearm transferred. The sheriff shall retain BY SENATOR MORRELL a copy of the form and provide the person with a copy. AN ACT (2) Within five days of transferring his firearms, exclusive of legal holidays, the person shall To amend and reenact R.S. 9:2717, relative to contracts; to allow a court to render null and file the proof of transfer form with the clerk of court of the parish in which the order was issued. void certain nondisclosure agreements and nondisclosure contract provisions; to provide for E.(1) If the person subject to the order to transfer firearms and suspend a concealed handgun public policy; to provide for retroactive application; and to provide for related matters. permit issued pursuant to Paragraph A of this Article does not possess or own firearms, at the Be it enacted by the Legislature of Louisiana: time the order is issued, the person shall complete a declaration of nonpossession form which shall Section 1. R.S. 9:2717 is hereby amended and reenacted to read as follows: be filed in the court record and a copy shall be provided to the sheriff. §2717. Contracts against public policy (2) Within five days of the issuance of the order pursuant to Paragraph A of this Article, A.(1) Any contract between a political subdivision and a person or entity entered into as exclusive of legal holidays, the person shall file the declaration of nonpossession with the clerk of a result of fraud, bribery, corruption, or other criminal acts, for which a final conviction has court of the parish in which the order was issued. been obtained, shall be absolutely null and shall be void and unenforceable as contrary to F. The failure to provide the information required by this Title may be punished by contempt public policy. of court. Information required to be provided in order to comply with the provisions of this Title B. (2) Any person whose conviction causes the nullity of the contract as provided in cannot be used as evidence against that person in a future criminal proceeding, except as provided Subsection A of this Section Paragraph (1) of this Subsection shall be responsible for payment by the laws on perjury or false swearing. of all costs, attorney fees, and damages incurred in the rebidding of the contract. Art. 1002. Transfer or storage of transferred firearms B.(1) Notwithstanding any provision of law to the contrary, a party may petition a court for THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 154 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. a declaratory judgment that a clause in an agreement, contract, settlement, or other similar interest at a rate three percentage points above the rate provided in R.S. 9:3500(B), which shall be instrument that prevents a party to the instrument from disclosing factual information related computed from the date of issuance to the date payment is received by the secretary. to acts that if proven would establish a cause of action for civil damages for any act that may be C. The provisions of this Section are in addition to and shall not limit the authority of the prosecuted as a criminal offense is null, void, and unenforceable as a matter of law and shall be secretary to assess or to collect under any other provision of law. considered against public policy. Approved by the Governor, May 20, 2018. (2) The fact that an agreement, contract, settlement, or similar instrument states that the A true copy: providing of consideration is not an admission of liability for an alleged criminal offense, of the R. Kyle Ardoin commission of a criminal offense, or of an awareness of a criminal offense shall not be conclusive Secretary of State in determining whether the provisions of Paragraph (1) of this Subsection apply. (3) The provisions of this Subsection shall apply to any agreement, contract, settlement, or ACT No. 371 similar instrument entered into, revised, or amended before, on, and after August 1, 2018. - - - Approved by the Governor, May 20, 2018. SENATE BILL NO. 283 A true copy: BY SENATOR MILLS R. Kyle Ardoin AN ACT Secretary of State To amend and reenact R.S. 22:1657 and R.S. 44:4.1(B)(11) and to enact R.S. 22:1657.1, relative to pharmacy benefit managers; to provide for internet publication of formularies; to provide ACT No. 369 for transparency reporting; to provide for certain reportable aggregate data; to provide for - - - internet publication of the transparency report; to provide for definitions; to provide for the SENATE BILL NO. 250 duties of the commissioner of insurance relative thereto; to provide for confidentiality; and BY SENATOR MIZELL to provide for related matters. AN ACT Be it enacted by the Legislature of Louisiana: To amend and reenact R.S. 17:100.7, relative to public elementary and secondary schools; to Section 1. R.S. 22:1657 is hereby amended and reenacted and R.S. 22:1657.1 is hereby require the state Department of Education to prepare and provide information regarding the enacted to read as follows: public health risks associated with pornography; to require distribution of this information §1657. Pharmacy benefit managers to the parents of public school students; and to provide for related matters. A. A pharmacy benefit manager shall be deemed to be a third‑party administrator for Be it enacted by the Legislature of Louisiana: purposes of this Part. As such, all provisions of this Part shall apply to pharmacy benefit Section 1. R.S. 17:100.7 is hereby amended and reenacted to read as follows: managers; however, notwithstanding the provisions of R.S. 22:1651(F), every pharmacy §100.7. Policies; governing authorities of public elementary and secondary schools; Internet benefit manager shall be required to be licensed by the commissioner of insurance. and online sites; access by students and employees; resources for parents; exceptions B. The commissioner of insurance shall provide a dedicated location on the department’s website A.(1) Each governing authority of a public elementary or secondary school shall adopt for pharmacy benefit manager information and links. policies, in accordance with all applicable state and federal laws, policies adopted by the State C. For each of a pharmacy benefit manager’s contractual or other relationships with a health Board of Elementary and Secondary Education, regarding access by students and employees to benefit plan or health insurance issuer, the pharmacy benefit manager shall provide the department Internet and online sites that contain or make reference to harmful material the character of with the health benefit plan’s formulary and provide timely notification of formulary changes and which is such that it is reasonably believed to be obscene, child pornography, conducive to the product exclusions. The information provided pursuant to this Subsection shall be made available creation of a hostile or dangerous school environment, pervasively vulgar, excessively violent, in a centralized location on the department’s website in a format that allows for consumer access, or sexually harassing in the school environment all as defined by any applicable state or federal including links to pharmacy benefit manager websites. laws and the policies adopted pursuant to this Subsection. Such policies shall include but not §1657.1. Pharmacy benefit manager rebate transparency report be limited to prohibitions against accessing sites containing information on the manufacturing A. Each pharmacy benefit manager licensed by the commissioner of insurance shall submit an or production of bombs or other incendiary devices. annual transparency report as a condition of maintaining licensure. B.(2) Any policies adopted by a governing authority of a public elementary or secondary B. As used in this Section, the following definitions shall apply: school pursuant to the provisions of this Section Subsection shall include the use of computer- (1) “Aggregate retained rebate percentage” means the percentage calculated for each related technology or the use of Internet service provider technology designed to block access prescription drug for which a pharmacy benefit manager receives rebates under a particular health or exposure to any harmful material as specified in Subsection A of this Section Paragraph (1) benefit plan expressed without disclosing any identifying information regarding the health benefit of this Subsection, or both. plan, prescription drug, or therapeutic class. The percentage shall be calculated by dividing the C.(3) The provisions of this Section Subsection shall not prohibit any authorized employee aggregate rebates that the pharmacy benefit manager received during the prior calendar year or student of a public elementary or secondary school from having unfiltered or unrestricted from a pharmaceutical manufacturer related to utilization of the manufacturer’s prescription access to the Internet or an online service for legitimate scientific or educational purposes as drug by health benefit plan enrollees that did not pass through to the health benefit plan or determined and approved by the employing governing authority. health insurance issuer by the aggregate rebates that the pharmacy benefit manager received D.(4) The provisions of this Section Subsection shall not prohibit any authorized student in during the prior calendar year from a pharmaceutical manufacturer related to utilization of the a public elementary or secondary school from having unfiltered or unrestricted access to the manufacturer’s prescription drug by health benefit plan enrollees. Internet or online services of a newspaper with a daily circulation of at least one thousand. (2) “Health benefit plan”, “plan”, “benefit”, or “health insurance coverage” means services B.(1) The state Department of Education shall prepare information to be distributed to consisting of medical care provided directly through insurance, reimbursement, or other means, each public school governing authority for dissemination to the parent of each student enrolled and including items and services paid for as medical care under any hospital or medical service in a school under its jurisdiction regarding the public health risks and harms associated with policy or certificate, hospital or medical service plan contract, preferred provider organization pornography. contract, or health maintenance organization contract offered by a health insurance issuer. (2) The information shall include the following: However, excepted benefits are not included as a “health benefit plan”. (a) The dangers of sexually charged cyberbullying. (3) “Health insurance issuer” means any entity that offers health insurance coverage through a (b) The addictive and destructive nature of pornographic and illicit materials. plan, policy, or certificate of insurance subject to state law that regulates the business of insurance. (c) The dangers of internet interaction with strangers. “Health insurance issuer” shall also include a health maintenance organization, as defined and (d) Resources available to parents who are seeking information regarding child safeguards and licensed pursuant to Subpart I of Part I of Chapter 2 of this Code. free internet filters for home computers. A list of free internet filters that filter out pornography (4) “Rebates” means all rebates, discounts, and other price concessions, based on utilization of shall also be provided. a prescription drug and paid by the manufacturer or other party other than an enrollee, directly or Approved by the Governor, May 20, 2018. indirectly, to the pharmacy benefit manager after the claim has been adjudicated at the pharmacy. A true copy: Rebates shall include a reasonable estimate of any volume‑based discount or other discounts. R. Kyle Ardoin C.(1) Beginning June 1, 2020, and annually thereafter, each licensed pharmacy benefit manager Secretary of State shall submit a transparency report containing data from the prior calendar year to the department. The transparency report shall contain the following information for each of the pharmacy benefit ACT No. 370 manager’s contractual or other relationships with a health benefit plan or health insurance issuer: - - - (a) The aggregate amount of all rebates that the pharmacy benefit manager received from SENATE BILL NO. 259 pharmaceutical manufacturers. BY SENATOR CARTER (b) The aggregate administrative fees that the pharmacy benefit manager received. AN ACT (c) The aggregate rebates that the pharmacy benefit manager received from pharmaceutical To enact R.S. 47:1561.3, relative to the recovery of certain tax benefits; to provide relative manufacturers and did not pass through to the health benefit plan or health insurance issuer. to the authority of the secretary of the Department of Revenue; to provide for terms and (d) The highest, lowest, and mean aggregate retained rebate percentage. conditions; and to provide for related matters. (2) The transparency report shall be made available in a form that does not disclose the identity Be it enacted by the Legislature of Louisiana: of a specific health benefit plan, the prices charged for specific drugs or classes of drugs, or the Section 1. R.S. 47:1561.3 is hereby enacted to read as follows: amount of any rebates provided for specific drugs or classes of drugs. §1561.3. Special authority to recover nonrefundable tax credits (3) Within sixty days of receipt, the Department of Insurance shall publish the transparency A. Except as provided in R.S. 47:1561.2, all tax benefits, including nonrefundable tax credits, report on the department’s website in a location designated for pharmacy benefit manager previously granted to a taxpayer but later disallowed, may be recovered by the secretary through information pursuant to R.S. 22:1657(B). any collection remedy authorized by R.S. 47:1561 and initiated within any of the following: (4) The pharmacy benefit manager and the Department of Insurance shall not publish or (1) Two years from December thirty-first of the year in which the benefit was paid. disclose any information that would reveal the identity of a specific health benefit plan, the prices (2) Three years from December thirty-first of the year in which the taxes for the filing period charged for a specific drug or class of drugs, or the amount of any rebates provided for a specific were due. drug or class of drugs. Any such information shall be protected from disclosure as confidential (3) The time period for which prescription has been extended, as provided by R.S. 47:1580. and proprietary information and shall not be regarded as a public record pursuant to the Public B. The only interest that may be assessed and collected on any recovered tax benefits amount is Records Law. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 155 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. (5) Not more than thirty days after an increase in wholesale acquisition cost of fifty percent or disburse support payments made on behalf of each child who is a recipient of public assistance, greater for a drug with a wholesale acquisition cost of one hundred dollars or more for a thirty- or for any obligee when an individual has applied for support enforcement services pursuant to day supply, a pharmaceutical drug manufacturer shall notify the commissioner of insurance by Title IV‑D of the Social Security Act. Except as provided in this Section, the department is not electronic mail of any such change. required to seek an amendment to the support order, file a motion to intervene, or subrogate itself Section 2. R.S. 44:4.1(B)(11) is hereby amended and reenacted to read as follows: to the rights of the obligee to exercise its standing as independent party. §4.1. Exceptions (2) To carry out and effectuate the purposes and provisions of this Section and 42 U.S.C. A. 666(c)(1)(E), the department shall administratively change the payee of a support order to the * * * department. Such change shall not occur until the department has provided notice of the change B. The legislature further recognizes that there exist exceptions, exemptions, and limitations to all parties under this Subsection. to the laws pertaining to public records throughout the revised statutes and codes of this state. (3) If a court has ordered support payments to be made to an obligee, the department shall, on Therefore, the following exceptions, exemptions, and limitations are hereby continued in effect providing notice to the obligee and the obligor, direct the obligor or other payor to make support by incorporation into this Chapter by citation: payments payable to the department and to transmit the payments to the state disbursement unit. * * * The department shall file a copy of the notice with the court by which the order was issued or last (11) R.S. 22:2, 14, 31, 42.1, 88, 244, 263, 265, 461, 550.7, 571, 572, 572.1, 574, 618, 639, registered. The notice shall include all of the following: 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, (a) A statement that the child’s family is receiving support enforcement services. 972(D), 1008, 1019.2, 1203, 1460, 1464, 1466, 1488, 1546, 1559, 1566(D), 1644, 1656, 1657.1, (b) The name of the child and the obligee for whom support has been ordered by the court. 1723, 1796, 1801, 1808.3, 1927, 1929, 1983, 1984, 2036, 2045, 2056, 2085, 2091, 2293, 2303 (c) The docket number and court by which support was ordered or last registered. * * * (d) Instructions for the payment of ordered support to the department. Section 3. If any rules or regulations are necessary to effectuate the provisions of this Act, (4) The notice shall be sent by regular mail to the obligor and the obligee at the last known the commissioner of insurance shall promulgate and adopt those rules or regulations in address of each as listed in the state case registry. The obligor shall be required to submit payment, accordance with the Administrative Procedure Act prior to January 1, 2020. in accordance with Subparagraph (3)(d) of this Subsection, ten days after the date of the notice. Section 4.(A) This Section and Section 3 of this Act shall become effective on August 1, (5) On receipt of a copy of the notice, the clerk of court shall file the notice in the appropriate 2018. case record. (B) Sections 1 and 2 of this Act shall become effective on January 1, 2020. B.(1)(a)(2) Notwithstanding the provisions of R.S. 13:1599(B), in cases receiving support Approved by the Governor, May 20, 2018. enforcement services from the department, upon the motion of the district attorney or the A true copy: department to transfer, a support order payable to the department shall be transferred for R. Kyle Ardoin subsequent enforcement and modification to the appropriate juvenile court within the parish Secretary of State wherein the support order was rendered or last registered, except in East Baton Rouge Parish. (b) The provisions of Subparagraph (a) of this Paragraph shall not apply in East Baton Rouge Parish. ACT No. 372 B.(1)(a) Any interested party may by a written motion, together with a written certification - - - from the department that the department is not presently furnishing and does not contemplate SENATE BILL NO. 285 furnishing FITAP for or on behalf of an individual and that no services are being rendered by BY SENATORS GARY SMITH AND THOMPSON AND the department on behalf of the individual, obtain from the court to which the order to support REPRESENTATIVE DAVIS the individual had previously been transferred, an amended order to require that support AN ACT payments be made payable to the individual or current caretaker instead of the department. To enact R.S. 22:1060.7, relative to prescriptions for chronic pain; to prohibit the denial of (b) If the support order was originally established in juvenile, family, or district court, coverage for a nonopioid prescription in favor of an opioid prescription; to provide with any interested party may, by written motion, together with a written certification from the respect to opioid prescriptions deemed medically necessary and prescribed by a licensed department that it is not presently furnishing and does not contemplate furnishing FITAP for physician; and to provide for related matters. or on behalf of an individual and that no support enforcement services are being rendered Be it enacted by the Legislature of Louisiana: by the department, obtain from the court which rendered the order of support, an amended Section 1. R.S. 22:1060.7 is hereby enacted to read as follows: order requiring payments in accordance with the order to be made to the individual or current §1060.7. Prescription medication for chronic pain caretaker instead of the department. When the motion is granted, the individual or current A. Notwithstanding any provision of law to the contrary, when a licensed physician prescribes a caretaker to whom support is owed shall be the proper party to enforce the support obligation nonopioid medication for the treatment of chronic pain, it shall be unlawful for a health insurance or any arrears owed. issuer to deny coverage of the nonopioid prescription drug in favor of an opioid prescription drug. (c) As used in this Section, “interested party” shall include only the department, district B. When an opioid prescription is deemed medically necessary and prescribed by a licensed attorney, contract attorney providing support services pursuant to Title IV-D, the person physician, it shall be unlawful for an insurer to deny a prescribed medication and attempt to owing the support obligation, or the individual or current caretaker to whom the support substitute an alternative medication that requires any of the following: obligation is owed. (1) An increased number of pills per prescription. (2)(a) Notwithstanding the provisions of R.S. 13:1599(B), in cases receiving support (2) A higher Drug Enforcement Administration schedule medication than the one prescribed. enforcement services from the department, upon the motion of the district attorney or the (3) The substitution of an extended release medication that does not have defined abuse deterrent department to transfer, a support order amended to change the payee to the individual or properties for a prescription of a medication that does have defined abuse deterrent properties. current caretaker instead of the department under this Subsection, shall be transferred for Approved by the Governor, May 20, 2018. subsequent enforcement and modification to the appropriate court which was enforcing the A true copy: support order prior to its transfer under Paragraph (A)(2) of this Section. R. Kyle Ardoin (b) Notwithstanding the provisions of R.S. 13:1599(B), in cases not no longer receiving Secretary of State support enforcement services from the department, upon motion to transfer by the interested party, a support order amended to change the payee to the individual or current caretaker in accordance with Subparagraph (1)(b) of this Subsection shall be transferred for subsequent ACT No. 373 enforcement and modification to the district or family court in the same parish as the juvenile - - - court transferring the order. SENATE BILL NO. 288 (b) As used in this Section, “interested party” shall include only the department, the district BY SENATOR PERRY attorney, the contract attorney providing support services pursuant to Title IV‑D, the person owing AN ACT the support obligation, or the individual or current caretaker to whom the support obligation is To amend and reenact Children’s Code Art. 313(B) and R.S. 46:236.2, relative to child owed. support proceedings; to provide for changing the payee of a child support order in certain C.(3) In either any of the above cases in this Subsection, the court shall grant its order ex circumstances; to provide relative to the Department of Children and Family Services; to parte and without hearing any adverse party. provide for compliance with federal law; to provide certain terms, conditions, and procedures; C.(1) On termination of support enforcement services under 45 C.F.R. §303.11(b), or upon the to provide for an effective date; and to provide for related matters. death of the obligee or caretaker, the department shall send a notice to terminate the redirection. Be it enacted by the Legislature of Louisiana: The notice shall include all of the following: Section 1. Children’s Code Art. 313(B) is hereby amended and reenacted to read as follows: (a) A statement that either: Art. 313. Duration of jurisdiction over proceedings (i) The child’s family is no longer receiving support enforcement services. * * * (ii) The obligee or caretaker is now deceased. B. A court exercising juvenile jurisdiction no longer exercises such jurisdiction in any (b) The name of the child and the obligee for whom support has been ordered by the court. proceeding authorized by Article 311(B)(1) upon the filing of a motion in accordance with (c) The docket number and court in which support was ordered or last registered. R.S. 46:236.2(B)(2). When the motion is granted, the individual or caretaker to whom the (d) Instructions for the payment of ordered support and any past-due support that has accrued. support obligation is owed shall be the proper party to enforce the child support obligation or (2) The notice shall be sent by regular mail to the address listed in the state case registry for any arrears owed. the obligor and the obligee, as appropriate. The obligor shall be required to submit payments in Section 2. R.S. 46:236.2 is hereby amended and reenacted to read as follows: accordance with the instructions in this notice ten days after the date of the notice. §236.2. Amendment Redirection of support orders payments (3) The department shall file a copy of the notice with the court in which the order was issued A.(1) The department or district attorney may, by a written motion together with a written or last registered. On receipt of a copy of the notice, the clerk of the court shall file the notice in certification from the department that support enforcement services are being furnished to the the appropriate case record. individual, to the current caretaker of any individual receiving support benefits, or to the payor D. This Section applies regardless of whether the individual applying for or receiving support of any support benefits for such individual, obtain an order to require any person under an enforcement services has ever received any public assistance and regardless of whether there order to support such individual or caretaker to make such support payments payable to the is a delinquency. department. Pursuant to 42 U.S.C. 654b(a)(1)(A), the department is authorized to receive and E. The department shall not enforce or collect any past-due support that accumulated before THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 156 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. support enforcement services were provided until a contradictory hearing is held by the appropriate §67. Petition to the court court to determine the amount of past-due support owed. A petition for an order authorizing involuntary outpatient treatment may be filed in the Section 3. The provisions of this Act shall become effective October 1, 2018. judicial district in the parish in which the patient is present or reasonably believed to be present. Approved by the Governor, May 20, 2018. A petition to obtain an order authorizing involuntary outpatient treatment may be initiated by A true copy: one of the following persons: R. Kyle Ardoin (1) The director, or administrator, or treating physician of a hospital in which the patient is Secretary of State hospitalized. (2) The director, administrator, or treating physician of an emergency receiving center in which the patient is receiving services. ACT No. 374 * * * - - - (5) The Louisiana Department of Health. SENATE BILL NO. 304 §68. Petition BY SENATOR WALSWORTH A. The petition shall contain the facts which are the basis of the assertion that the patient AN ACT meets each of the criteria in R.S. 28:66, that he is present or reasonably believed to be present To amend and reenact R.S. 51:42(1) and 51(A) and to enact R.S. 51:51(E) and (F), relative to in the parish where filed, and provide the respondent with adequate notice and knowledge going‑out-of-business sale licenses; to provide relative to holding of deposits; to provide for relative to the nature of the proceeding. definitions; to provide for an effective date; and to provide for related matters. B. The petition shall be accompanied by a Physician’s Report to Court or an affidavit of a Be it enacted by the Legislature of Louisiana: physician, psychiatric mental health nurse practitioner or psychologist, who shall not be the Section 1. R.S. 51:42(1) and 51(A) are hereby amended and reenacted and R.S. 51:51(E) and petitioner, and shall state either of the following: (F) are hereby enacted to read as follows: (1) Such physician, psychiatric mental health nurse practitioner or psychologist has §42. Definitions examined the patient no more than ten days prior to the submission filing of the petition, he For purposes of this Part, the following terms shall have the meanings specified in this recommended involuntary outpatient treatment for the patient, and he is willing and able to Section: testify at the hearing on the petition. (1) “Going-out-of-business sale” means any sale advertised, represented, or held forth as a (2) No more than ten days prior to the filing of the petition, such physician, psychiatric sale to dispose of all goods as a means of ceasing to do business or changing business location. mental health nurse practitioner or psychologist or his designee has made appropriate attempts Such The term shall include a sale held under the designation of “going-out-of-business”, to elicit the cooperation of the patient but has not been successful in persuading him to “selling out”, “liquidation”, “lost our lease”, “forced to vacate”, “moving to a new location”, submit to an examination, that such physician, psychiatric mental health nurse practitioner or “closing out sale”, “store closing sale”, or any other designation of like meaning. However, psychologist has reason to suspect that the patient meets the criteria for involuntary outpatient such the term shall not include an end-of-the-season sale or a going-out-of-business sale treatment, and he is willing and able to examine the patient and testify at the hearing on the limited to sale of a particular brand or line of goods. petition. * * * §69. Procedure §51. Holding of deposit A. Hearing notice. (1) Upon the filing of the petition authorized by R.S. 28:67, the court A. The deposit made by an applicant for licensure pursuant to R.S. 51:47(D) shall be held shall assign a time and place for a hearing as promptly as is practical, but in no case later by the consumer protection section for a period of sixty days from the date of delivery of a than eighteen days after the filing of the petition, which may be conducted before any judge in returned license or from the date of acceptance of an affidavit in lieu of such return. the judicial district, within five days, and shall cause reasonable notice thereof and a copy of * * * the petition to be served upon the respondent, respondent’s attorney, the petitioner, and the E. Upon the failure of the licensee to return the license or an affidavit in lieu of such return director of the local governing entity in the parish where the petition has been filed. The notice within three hundred sixty-five calendar days from the expiration of the license, the deposit shall shall inform the respondent that he has a right to be present, a right to retain counsel, which revert to the Unclaimed Property Division of the Department of the Treasury in the name of the may be appointed, if he is indigent or otherwise qualified, has the right to counsel appointed to licensee and the consumer protection section of the Department of Justice. represent him by the Mental Health Advocacy Service, and a right to cross examine witnesses. F. While in the hands of the Unclaimed Property Division of the Department of the Treasury, Continuances shall be granted only for good cause shown. the deposit shall be subject to the provisions of Subsections A through D of this Section. The (2) In addition to those persons entitled to notice pursuant to Paragraph (1) of this deposit shall be released by the Department of Treasury to the licensee only upon verification by Subsection, if the respondent is interdicted, notice of the hearing and a copy of the petition the Department of Justice that the licensee has complied with R.S. 51:50 and Subsection A of shall also be served upon the curator for the interdict and the attorney who represented the this Section. interdict in the interdict proceedings. Section 2. The provisions of this Act shall become effective July 1, 2018. (3) The court may order the service of all pleadings, notices, and written treatment plans Approved by the Governor, May 20, 2018. required in this Part pursuant to Code of Civil Procedure Article 1313(A), without regard to A true copy: Article 1313(B). R. Kyle Ardoin * * * Secretary of State C. The court shall not order involuntary outpatient treatment unless an examining physician, psychiatric mental health nurse practitioner or psychologist who has personally examined the patient within the time period commencing ten days before the filing of the petition, testifies ACT No. 375 at the hearing, in person or via electronic means, with consent of all the parties, regarding the - - - categories of involuntary outpatient treatment recommended, the rationale for each category, SENATE BILL NO. 306 facts which establish that such treatment is the least restrictive alternative, and if recommended, BY SENATOR BARROW the beneficial and detrimental physical and mental effects of medication, and whether such AN ACT medication should be self-administered or administered by an authorized professional. To amend and reenact R.S. 28:66(A)(6) and (B), 67(1) and (2), 68, 69(A)(1) and (2), (C) and D. If the patient has refused to be examined by a physician, psychiatric mental health nurse (D), 70(A), (C), (D), and (E), 71(B), (C), (D), (E), and (F), 72 , 73, and 75, to enact R.S. practitioner or psychologist, the court may request order the subject to consent to undergo 28:67(5), 69(A)(3), 70(F), and 76, relative to assistive outpatient mental health treatment; to an examination by a physician, psychiatric mental health nurse practitioner or psychologist provide for the pertinence of advance directives; to provide for who may initiate a petition appointed by the court. If the patient does not consent refuses to undergo the court-ordered for involuntary outpatient treatment; to provide for matters relating to a hearing on such examination and the court finds reasonable cause to believe that the allegations in the petition a petition; to provide for assessments of the patient and who is to perform assessments; to are true, the court may order peace officers, police officers or the sheriff’s department to take provide relative to physician affidavits; to provide relative to a treatment plan; to provide for the patient into custody and transport him to a hospital or emergency receiving center for notice to particular persons of any hearing to determine if involuntary outpatient treatment examination. Retention of the patient in accordance with the court order shall not exceed is necessary; to provide relative to additional periods of treatment; to provide for who is to twenty‑four hours. The examination of the patient may be performed by the physician, receive notice of any petition to vacate an order for involuntary commitment; and to provide psychiatric mental health nurse practitioner or psychologist whose affidavit or Physician’s for related matters. Report to Court accompanied the petition pursuant to R.S. 28:68(B), if he is privileged or Be it enacted by the Legislature of Louisiana: otherwise authorized by the hospital or emergency receiving center. If such examination is Section 1. R.S. 28:66(A)(6) and (B), 67(1) and (2), 68, 69(A)(1) and (2), (C) and (D), 70(A), performed by another physician, psychiatric mental health nurse practitioner or psychologist, (C), (D), and (E), 71(B), (C), (D), (E), and (F), 72, 73, and 75 are hereby amended and reenacted he shall be authorized to consult with the physician, psychiatric mental health nurse and R.S. 28:67(5), 69(A)(3), 70(F), and 76 are hereby enacted to read as follows: practitioner or psychologist whose affidavit or Physician’s Report to Court accompanied the §66. Criteria for civil involuntary outpatient treatment petition regarding the issues of whether the allegations in the petition are true and whether the A. A patient may be ordered to obtain civil involuntary outpatient treatment if the court patient meets the criteria for involuntary outpatient treatment. finds that all of the following conditions apply: * * * * * * §70. Written treatment plan for involuntary outpatient treatment (6) In view of the treatment history and current behavior of the patient, the patient is in A. The court shall not order involuntary outpatient treatment unless an examining physician, need of involuntary outpatient treatment to prevent a relapse or deterioration which would psychiatric mental health nurse practitioner, or psychologist appointed by the appropriate be likely to result in the patient becoming dangerous to self or others or gravely disabled as director of the local governing entity develops and provides to the court a proposed written defined in R.S. 28:2. treatment plan. The written treatment plan shall be developed by a treatment team which shall * * * include a case manager, clinical social worker, and licensed physician, psychiatrist, psychiatric B. Advance directives. (1) If the patient has executed an advance directive as defined in R.S. mental health nurse practitioner, or psychologist and other specialized service providers as 28:221, any directions included in the directive shall be taken into account by the court in deemed appropriate by the director as well as the patient and upon his request, an individual determining the written treatment plan. significant to him and concerned with his welfare. The written treatment plan shall include (2) Nothing herein shall preclude a person with an advance directive from being subject to appropriate services to provide care coordination. Such services shall include case management a petition pursuant to this Part. services or assertive community treatment teams. The written treatment plan shall also include THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 157 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. appropriate categories of services, as set forth in Subsection E of this Section, which such team §72. Application for additional periods of treatment recommends the patient should is recommended to receive and are available to the patient. The A. The court order for outpatient treatment shall expire at the end of the specified period written treatment plan shall specify a provider that has agreed to provide each of the specified unless a petition or motion for an extension has been filed. If the director any person or entity services. If the written treatment plan includes medication, it shall state whether the medication authorized within R.S. 28:67 determines that a patient requires further involuntary outpatient should be self‑administered or administered by authorized personnel, and shall specify type treatment, he shall file a petitionor motion for continued treatment prior to the expiration of and dosage range of medication most likely to provide maximum benefit for the patient. the initial involuntary outpatient treatment ordered by the court. If a patient has been ordered * * * to receive outpatient treatment for four consecutive six‑month to one‑year periods, the period C. The plan shall be provided to the court and all persons required to receive notice within of any subsequent order may exceed one year but shall not exceed two years. R.S. 28:69(A) at least three days before no later than the date of the hearing on the petition. B. The procedure for obtaining an extension shall be the same as for obtaining the original D. The court shall not order involuntary outpatient treatment unless a physician, psychiatric order. However, the time periods provided in R.S. 28:66(A)(4) shall not be applicable in mental health nurse practitioner or psychologist testifies regarding the categories of involuntary determining the appropriateness of the extension. The court order requiring blood or outpatient treatment recommended, the rationale for each category, facts which establish that laboratory testing shall be subject to review after six months by the physician, psychiatric such treatment is the least restrictive alternative, and, if recommended, the beneficial and mental health nurse practitioner or psychologist who developed the written treatment plan detrimental physical and mental effects of medication, and whether such medication should be or who is designated by the director, and the blood or laboratory testing may be terminated self-administered or administered by an authorized professional. without further action of the court. E. Services. (1) Services shall include but are not limited to the following: §73. Application to stay, vacate, or modify (a) Assertive community treatment. In addition to any right or remedy available by law, the patient may apply to the court to (b)Case case management, provided by the local governing entity which is defined as the stay, vacate, or modify the order and he shall notify the director of the local governing entity or assignment of the administration coordination of care for an outpatient individual with a designee of his application. serious mental illness to a single person or team, including all necessary medical and mental * * * health care and associated supportive services. §75. Failure to comply with involuntary outpatient treatment (2) Services may include, but are not limited to, the following categories and will depend upon A. If either party alleges noncompliance under the written treatment plan, a judicial review can the availability in the patient’s area: be scheduled and all persons listed in R.S. 28:69(A) are to receive notice. (a) Assertive community treatment. B. When a physician, psychiatric mental health nurse practitioner, or psychologist (b) Medication. determines the patient has failed to comply with the ordered treatment, efforts were made to (b)(c) Laboratory testing to include periodic blood testing for therapeutic metabolic effects, solicit compliance by the district, the region local governing entity, case manager or assertive toxicology testing and breath analysis. community treatment provider, and the patient may be in need of involuntary admission to (c)(d) Individual or group therapy. a treatment facility, he may execute an emergency certificate in accordance with R.S. 28:53, (d)(e) Day or partial day programming activities. request an order for custody in accordance with R.S. 28:53.2, or seek a judicial commitment in (e)(f) Education and vocational rehabilitation training. accordance with R.S. 28:54. (f)(g) Substance‑related or addictive disorder treatment. B.C. If the patient refuses to take medication or refuses to take or fails blood or other (g)(h) Supervised living. laboratory tests as required by court order, the physician, psychiatric mental health nurse (h)(i) Transportation. practitioner, or psychologist may consider his refusal in determining whether the patient is in (j) Housing assistance. need of inpatient treatment services. E. The director or his designee of the local governing entity shall certify that the services §76. Definitions ordered in the plan are available and can be reasonably accessed by the patient. As used in this Part, “Physician’s Report to Court” means the reports provided for in R.S. F. Treatment plan review. (1) The written treatment plan is subject to reviews before the court 28:56(A)(2)(b). with the patient and at least one representative of the treatment team. The initial frequency shall Approved by the Governor, May 20, 2018. be stipulated in the treatment plan and modified with the court’s approval. A true copy: (2) The court order required blood or laboratory testing shall be subject to review after six R. Kyle Ardoin months by the physician, psychiatric mental health nurse practitioner, or psychologist who Secretary of State developed the written treatment plan or who is designated by the director, and the blood or laboratory testing may be terminated without further action of the court. ACT No. 376 §71. Disposition - - - * * * SENATE BILL NO. 308 B. If the court finds by clear and convincing evidence that the patient meets the criteria BY SENATOR MIZELL for involuntary outpatient treatment, and no less restrictive alternative is feasible, the court AN ACT shall order that the patient receive involuntary outpatient treatment for an initial period To enact R.S. 15:587.7, relative to the creation of a volunteer and employee criminal history not to exceed one year. The court shall state reasons why the proposed treatment plan is the system; to provide for definitions; to provide for access to state and national criminal history least restrictive treatment appropriate and feasible for the patient. The order shall state the records; to provide for confidentiality; to provide for limitation of liability; to provide for categories of involuntary outpatient treatment as set forth in R.S. 28:70, which the patient rulemaking; and to provide for related matters. is to receive, and the court may not order treatment that has not been recommended by the Be it enacted by the Legislature of Louisiana: physician, psychiatric mental health nurse practitioner, or psychologist in consultation with the Section 1. R.S. 15:587.7 is hereby enacted to read as follows: treatment team and included in the written treatment plan. The plan shall be certified by the §587.7. Volunteer and employee criminal history system director of the local governing entity responsible for services in the district where the petition A. The Louisiana Bureau of Criminal Identification and Information shall implement a is filed, as offering services which are available through their offices. The court shall not order volunteer and employee criminal history system to allow qualified entities to access state and an outpatient commitment unless the director so or his designee certifiesthat the services are federal criminal history records on certain individuals in the absence of specific statutory available. provisions regarding access to criminal history record information. For purposes of this Section, C. If the court finds by clear and convincing evidence that the patient meets the criteria the following definitions shall apply: for involuntary outpatient treatment, and a written proposed treatment plan has not been (1) “Bureau” means the Louisiana Bureau of Criminal Identification and Information located submitted approved, the court shall order the director of the local governing entity to provide within the Department of Public Safety and Corrections, public safety services, office of state a plan and testimony within five days of the date of the order. police. D. The court may order the patient to self-administer psychotropic drugs or accept order (2) “Care” means treatment, education, training, instruction, supervision, or recreation services the administration of such drugs by authorized personnel as part of an involuntary outpatient provided to children, the elderly, or individuals with disabilities. treatment program. The order shall specify the type and dosage range of psychotropic drugs (3) “Individual” means a person who has, seeks to have, or may have access to children, the and it shall be effective for the duration of such involuntary outpatient treatment. elderly, or individuals with disabilities, served by a qualified entity who meets either of the E. If the petitioner is the director or administrator of affiliated with a hospital that operates following requirements: an involuntary outpatient treatment program that is willing to treat the patient, the court order (a) Is employed by or volunteers with, or seeks to be employed by or volunteer with, a qualified shall direct the hospital to provide all available categories of involuntary outpatient treatment entity. services. If the hospital does not have such a program or if the patient is discharged to a different (b) Owns or operates, or seeks to own or operate, a qualified entity. local governing entity, or if the director of the local governing entity has filed the petition and (4) “Individuals with disabilities” means persons with a mental or physical impairment who certified services are available, the court order shall require the appropriate director to provide require assistance to perform one or more daily living tasks. for all available categories of involuntary outpatient treatment services. (5) “Qualified entity” means a business or organization, whether public or private, operated F. The director treatment provider shall apply for court approval prior to instituting a for profit, operated not-for-profit, or voluntary, which provides care or care placement services, proposed material change in the involuntary outpatient treatment order unless such change including a business or organization that licenses or certifies individuals to provide care or care is contemplated in the order. For purposes of this Subsection, a material change shall mean placement services. an addition or deletion of a category of involuntary outpatient treatment service, or any B.(1) A qualified entity must register with the bureau before submitting a request for criminal deviation without the consent of the patient from the terms of an existing order relating to the history records under this Section. administration of psychotropic drugs, or a change of residence from one local governing entity (2) Each qualified entity may require an individual to submit to a criminal history records check to another. A material change shall not mean a change in the dosage or the specific psychotropic to be conducted by the bureau. Fingerprints and other identifying information from the individual drug within the type ordered by the court. Any application for court approval shall be served shall be submitted to the bureau by the individual. upon all persons required to be served with notice of a petition for an order authorizing (3) When a criminal history records check is requested by a qualified entity pursuant to involuntary outpatient treatment. Either party may move for a hearing on the application. If a Paragraph (1) of this Subsection, the bureau shall provide the qualified entity with the state motion is not filed within five days from the date the application is filed, the court shall grant criminal history record information of the individual subject to the inquiry. In addition, when the the application. qualified entity requests national criminal history records checks, the bureau shall forward the * * * fingerprints to the Federal Bureau of Investigation for a national criminal history records check THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 158 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. and shall provide the qualified entity with the national criminal history record information of the communication regarding the safe evacuation of the child, the location of the child during and individual subject to the inquiry. after the emergency or disaster, and an interim custody plan for the child until the custody C. National and state criminal history records checks are to be used by the qualified entity to provisions of the judgment can be resumed. determine the suitability of the individual to have access to children, the elderly, or individuals * * * with disabilities served by the qualified entity. The determination of suitability shall be solely Section 2. This Act shall become effective upon signature by the governor or, if not signed made by the qualified entity. This Section does not require the bureau to make a determination on by the governor, upon expiration of the time for bills to become law without signature by the behalf of any qualified entity. governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by D. The cost of providing the information required under this Section shall be charged by the the governor and subsequently approved by the legislature, this Act shall become effective on bureau, as specified in R.S. 15:587(B), to the individual subject to the inquiry for furnishing the day following such approval. information contained in the bureau’s criminal history and identification files, including any Approved by the Governor, May 20, 2018. additional costs of providing the national criminal history records check which pertain to the A true copy: individual. R. Kyle Ardoin E. The qualified entity shall maintain the confidentiality of the federal and state criminal Secretary of State history information in accordance with applicable federal and state laws. F. A qualified entity shall not be liable for damages solely for failing to obtain the information authorized under this Section. Except in instances of gross negligence or willful and wanton ACT No. 379 misconduct, the state, any political subdivision of the state, or any agency, officer, or employee - - - of the state or a political subdivision shall not be liable for damages for providing the information SENATE BILL NO. 330 requested under this Section. BY SENATOR COLOMB G. The bureau is hereby authorized to adopt and promulgate rules and regulations in AN ACT accordance with the Administrative Procedure Act to carry out the provisions of this Section for To amend and reenact R.S. 9:311 (A)(1), (C), and (F), relative to the modification of support those qualified entities who choose to obtain federal and state criminal history record information orders; to provide relative to a material change in circumstances; to provide relative to support pursuant to this Section. orders when the Department of Children and Family Services provides support enforcement Section 2. The provisions of this Act shall become effective on January 1, 2019. services; to provide for a rebuttable presumption; to provide for judicial discretion in Approved by the Governor, May 20, 2018. modifying a support obligation; to provide for judicial review in some circumstances; and A true copy: provide for related matters. R. Kyle Ardoin Be it enacted by the Legislature of Louisiana: Secretary of State Section 1. R.S. 9:311 (A)(1), (C), and (F) are hereby amended and reenacted to read as follows: §311. Modification or suspension of support; material change in circumstances; periodic ACT No. 377 review by Department of Children and Family Services; medical support - - - A.(1) An award for support shall not be modified unless the party seeking the modification SENATE BILL NO. 317 shows a material change in circumstances of one of the parties between the time of the BY SENATOR CLAITOR previous award and the time of the rule for modification of the award. The material change in AN ACT circumstances must be substantial and continuing since the last award for support. To amend and reenact R.S. 15:146(C), relative to the Louisiana Public Defender Board; to * * * provide for the expulsion of board members; to provide relative to notice requirements; and C. For purposes of this Section, in cases where the Department of Children and Family to provide for related matters. Services is providing support enforcement services: Be it enacted by the Legislature of Louisiana: (1) A There shall be a rebuttable presumption that a material change in circumstance Section 1. R.S. 15:146(C) is hereby amended and reenacted to read as follows: circumstances exists when a strict application of the child support guidelines, Part I‑A of this §146. Louisiana Public Defender Board Chapter, would result in at least a twenty‑five percent change in the existing child support * * * award. A material change in circumstance circumstances does not exist under this Paragraph if C.(1) A member may be removed for excessive absences from meetings. For the purposes the amount of the award was the result of the court’s deviating from the guidelines pursuant of this Subsection, “excessive absences” means missing four duly noticed meetings within a to R.S. 9:315.1 and there has not been a material change in the circumstances which warranted period of eighteen months or three duly noticed meetings within a period of ten months. The the deviation. board, by a vote of two-thirds of the members, may expel a member who has accumulated three (2) Upon request of either party or on its own initiative and if the best interest of the child unexcused absences from board meetings during a twelve-month period. so requires, the department shall provide for judicial review and, if appropriate, the court (2) Upon review of board member attendance, if a board member has been excessively may adjust the amount of the existing child support award every three years if the existing absent from board meetings, the chairman shall inform the board of the absences and shall award differs from the amount which would otherwise be awarded under the application of the send written notice on behalf of the board to the member requesting that the member resign child support guidelines. The review provided hereby does not require a showing of a material his position on the board. If the member refuses to resign, the board shall remove the member change in circumstance nor preclude a party from seeking a reduction or increase under the for excessive absences in accordance with the provisions of this Subsection. other provisions of this Section. A court has discretion and authority to modify a child support (3) If a member is removed expelled as provided by this Subsection, the board shall send obligation even when there is not a twenty-five percent variation between the current obligation written notice to the member informing him of his removal expulsion and notify the appropriate and the guidelines when a party has proven a material change in circumstances that is substantial appointing authority of the vacancy on the board. and continuing. Likewise, a trial court has discretion to deny a modification even when the twenty- * * * five percent variation is present, based on a finding that applying the guidelines would not be in the Section 2. This Act shall become effective upon signature by the governor or, if not signed best interest of the child or would be inequitable to the parties. by the governor, upon expiration of the time for bills to become law without signature by the (3) If the best interest of the child so requires, the department shall request a judicial review governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by upon request of either party or on its own initiative. If appropriate, the court may modify the the governor and subsequently approved by the legislature, this Act shall become effective on amount of the existing child support award every three years if the existing award differs from the the day following such approval. amount which would otherwise be awarded under the application of the child support guidelines. A Approved by the Governor, May 20, 2018. material change in circumstances shall not be required for the purpose of this Paragraph. A true copy: * * * R. Kyle Ardoin F. The provisions of Subsection E of this Section shall not apply when the mover recipient Secretary of State of the support payments is a public entity acting on behalf of another party to whom support is due providing support enforcement services as defined by R.S. 46:236.1.1(14). * * * ACT No. 378 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 SENATE BILL NO. 326 governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by BY SENATOR BARROW the governor and subsequently approved by the legislature, this Act shall become effective on AN ACT the day following such approval. To enact R.S. 9:335(A)(2)(c), relative to children; to provide relative to custody and visitation; Approved by the Governor, May 20, 2018. to provide relative to declared disasters; to provide relative to joint custody decrees and A true copy: implementation orders; and to provide for related matters. R. Kyle Ardoin Be it enacted by the Legislature of Louisiana: Secretary of State Section 1. R.S. 9:335(A)(2)(c) is hereby enacted to read as follows: §335. Joint custody decree and implementation order; custody during an emergency or disaster A. * * * (2) * * * (c) The implementation order shall include a provision that when either party is required to evacuate this state with a minor child because of an emergency or disaster declared under the provisions of R.S. 29:721 et seq., or declared by federal authority and it becomes impossible for the parties to exercise custody as provided in the judgment, the parties shall engage in continuous THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 159 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 380 director secretary. If no appeal therefrom is filed with the executive director secretary within - - - twenty days after the date thereof, such determination shall become the order of the executive SENATE BILL NO. 336 director secretary. Any person aggrieved by any determination or action of the director of BY SENATORS RISER, CARTER AND WALSWORTH apprenticeship may appeal therefrom to the executive director secretary who shall hold a AN ACT hearing thereon, after due notice to the interested parties. Orders and decisions of the executive To amend and reenact R.S. 23:1(A) and (C)(3), 153, 382(A) and (B), 390(C) and (D), the director secretary shall be prima facie lawful and reasonable if supported by reasonable and introductory paragraph of 1203.1(A), (1) through (4) and (6), the introductory paragraph competent evidence. Any party to an apprenticeship agreement aggrieved by an order or of (B), (E), the introductory paragraph of (F), (1), the introductory paragraph of (2), (3), decision of the executive director secretary may appeal to the courts on questions of law. The and (5), (G)(2) and (3), (H), and (J), 1203.1.1(A), 1553(G), R.S. 36:3(2), (4), (6) and (7), 8(E) decision of the executive director secretary shall be conclusive if no appeal therefrom is filed (1), 301(C), 302, 303, the introductory paragraph of 304(A), (8), (9)(b), the introductory within thirty days after the date of the order or decision. paragraph of (B), (1)(a)(i) and (ii), 305 through 307, and R.S. 42:1266(C)(1)(e), to enact * * * R.S. 49:191(10)(c), and to repeal R.S. 36:8(E)(2)(j) and R.S. 49:191(8)(a), relative to §1203.1. Definitions; medical treatment schedule; medical advisory council the Louisiana Workforce Commission; to provide for the re‑creation of the Louisiana A. For use in this Section, the following terms shall have the following meanings, unless Workforce Commission and the statutory entities made a part of the Louisiana Workforce clearly indicated otherwise by the context: Commission by law; to provide for the effective termination date for all statutory authority (1) “Assistant secretary” means an assistant secretary of the Louisiana Workforce Commission for the existence of such statutory entities; to provide for a change of title of the officers of responsible for the functions of the office of workers’ compensation administration. the commission; to provide for technical corrections; to provide for the reauthorization of (2) “Associate medical director” means a physician who is licensed to practice medicine in the the incumbent worker training program with the Louisiana Workforce Commission; and to state of Louisiana and has been chosen by the director of the office of workers’ compensation provide for related matters. administration assistant secretary pursuant to R.S. 23:1203.1.1. Be it enacted by the Legislature of Louisiana: (2)(3) “Council” means the medical advisory council appointed by the director of the office Section 1. R.S. 23:1(A) and (C)(3), 153, 382(A) and (B), 390(C) and (D), the introductory of workers’ compensation administration assistant secretary. paragraph of 1203.1(A), (1) through (4) and (6), the introductory paragraph of (B), (E), the (3) “Director” means the director of the office of workers’ compensation administration. introductory paragraph of (F), (1), the introductory paragraph of (2), (3), and (5), (G)(2) (4) “Medical director” means a physician who is licensed to practice medicine in the state and (3), (H), and (J), 1203.1.1(A), and 1553(G) are hereby amended and reenacted to read as of Louisiana and has been chosen by the director of the office of workers’ compensation follows: administration assistant secretary pursuant to R.S. 23:1203.1.1. §1. Louisiana Workforce Commission established; purpose; definitions * * * A. The Louisiana Workforce Commission is hereby created and established to operate (6) “Schedule” means the medical treatment schedule to be developed by the council and an integrated workforce development delivery system in this state, in particular through the promulgated by the office and the director assistant secretary. integration of job training, employment and employment-related education and training B. The director assistant secretary shall, through the office of workers’ compensation programs, vocational rehabilitation services, independent living services, and blind services administration, promulgate rules in accordance with the Administrative Procedure Act, R.S. programs, and to administer the state’s unemployment and workers’ compensation programs. 49:950 et seq., to establish a medical treatment schedule. The duties of this commission shall be exercised and discharged under the supervision and * * * direction of the executive director secretary. He shall have charge of the administration and E. The medical advisory council shall develop guidelines in accordance with Subsections enforcement of all laws, rules, policies, and regulations, which it is the duty of the commission C and D of this Section and may amend the schedule in accordance with Subsection C and to administer and enforce, and shall direct all inspections and investigations, except as Paragraph (D)(2) of this Section before submission to the director of the office of workers’ otherwise provided by law. compensation administration assistant secretary for initial and subsequent formal adoption * * * and promulgation in accordance with the Administrative Procedure Act, R.S. 49:950, et seq. C. As used in this Title, unless the context clearly indicates otherwise, the following terms F. The director of the office of workers’ compensation administration assistant secretary shall be defined as follows: shall appoint a medical advisory council, which shall be selected in accordance with the * * * following: (3) “Executive director” means the executive director “Secretary” means the secretary of the (1) The professional association in Louisiana that represents each discipline enumerated commission. in this Subsection shall provide the director of the office of workers’ compensation, assistant * * * secretary on or before August 15, 2009, the names of three nominees, from which at least one §153. Regulations representative shall be chosen to represent his respective discipline on the council. The director secretary shall have power to regulate and supervise the administration of (2) The director assistant secretary shall select at least one representative from each of the minor labor laws and to make, repeal, prescribe, and enforce orders, rules, and regulations to following disciplines or associations: effectuate the provisions and purpose of the Chapter. * * * * * * (3) The director assistant secretary may consider and appoint additional representatives in §382. Apprenticeship council order to fulfill his duties as defined in this Section. A. The executive director secretary shall appoint an apprenticeship council, composed of * * * three representatives each from employer and employee organizations respectively, and of two (5) The director assistant secretary shall have the authority to contract with a medical representatives of the general public. The three employer representatives shall be selected from director and with consultants to assist the director assistant secretary and the medical advisory lists supplied by employer organizations which are participating in bona fide apprenticeship council in the establishment and promulgation of the schedule. programs. The three employee representatives may be representatives of labor organizations, G. The medical advisory council shall: who have been nominated by state labor federations. The state official in charge of trade and * * * industrial education shall, ex officio, be a member of the said council. Each member shall be (2) Provide recommendations to the director assistant secretary for the designation of appointed for a term of three years. Any member appointed to fill a vacancy occurring prior guidelines to be established and promulgated as the medical treatment schedule by the office. to the expiration of the term of his predecessor shall be appointed for the remainder of the (3) Provide any additional advice and counsel to the director assistant secretary as may be said term. Each member of the council not otherwise compensated by public monies, shall be reasonable and necessary, or as may be requested, relative to the effective and efficient delivery reimbursed for transportation and shall be paid thirty‑five dollars per day for each day spent in of quality medical services to injured workers. attendance at meetings of the apprenticeship council. H. The director assistant secretary, with the assistance of the medical advisory council, B. The apprenticeship council shall meet at the call of the executive director secretary or the is authorized to review and update the medical treatment schedule no less often than once director of apprenticeship and shall aid in formulating policies for the effective administration every two years. Such updates shall be made by rules promulgated in accordance with the of this Chapter. Subject to the approval of the executive director secretary, the apprenticeship Administrative Procedure Act, R.S. 49:950 et seq. In no event shall the schedule contain council may recommend standards and procedures for registration and de‑registration of multiple guidelines covering the same aspects of the same medical condition which are apprenticeship programs in conformity with established programs approved by the United simultaneously in force. States Department of Labor, Office of Apprenticeship, and for approval of apprenticeship * * * agreements which in no case shall be lower than those prescribed by this Chapter and by the J.(1) After a medical provider has submitted to the payor the request for authorization United States Department of Labor, Office of Apprenticeship, or lower than approved national and the information required by the Louisiana Administrative Code, Title 40, Chapter 27, standards; shall issue such rules and regulations as may be necessary to carry out the intent and the payor shall notify the medical provider of their action on the request within five business purposes thereof; and shall perform such other functions as the executive director secretary days of receipt of the request. If any dispute arises after January 1, 2011, as to whether may direct. Not less than once a year the apprenticeship council shall make a report, through the recommended care, services, or treatment is in accordance with the medical treatment the executive director secretary, of its activities and findings to the legislature and to the public. schedule, or whether a variance from the medical treatment schedule is reasonably required * * * as contemplated in Subsection I of this Section, any aggrieved party shall file, within fifteen §390. Settlement of controversies or complaints calendar days, an appeal with the office of workers’ compensation administration medical * * * director or associate medical director on a form promulgated by the director assistant C. Upon the complaint of any interested person or upon his own initiative, the director of secretary. The medical director or associate medical director shall render a decision as soon apprenticeship may investigate to determine if there has been a violation of the terms of an as is practicable, but in no event, not more than thirty calendar days from the date of filing. apprenticeship agreement made under this Chapter and hold hearings, inquiries, and other (2) If either party, the medical director, or associate medical director believes that a potential proceedings necessary to such investigations and determination. The director of apprenticeship conflict of interest exists, he shall communicate in writing such information to the director shall investigate programs only as necessary to establish compliance, and then only upon assistant secretary, who shall make a determination as to whether a conflict exists within two proper notice. The parties to such agreement shall be given a fair and impartial hearing, after business days. The director assistant secretary shall notify in writing the patient, the physician, reasonable notice thereof. All hearings, investigations, and determinations shall be made under and, if applicable, the attorney of his decision within two business days. authority of reasonable rules and procedure prescribed by the apprenticeship council, subject * * * to the approval of the executive director secretary. §1203.1.1. Medical director and associate medical director D. The determination of the director of apprenticeship shall be filed with the executive A. The director assistant secretary shall hire a medical director and an associate medical THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 160 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. director to render decisions on disputed cases filed pursuant to R.S. 23:1203.1(J). governor, any person, including any statewide elected official, serving or appointed to serve * * * as executive director, chief financial officer, deputy executive director or director, secretary, §1553. Noncharging of benefits; recoupment; social charge account; social charge tax rate undersecretary, deputy secretary, or assistant secretary may receive additional compensation for * * * part-time services rendered as an instructor in post-secondary educational institutions, or as a G. The Incumbent Worker Training Program reauthorization shall be expressly renewed by member of the National Guard. the legislature prior to July 1, 2018 July 1, 2022, in order for amounts to be charged and §303. Executive director Secretary credited to the Incumbent Worker Training Account in the following calendar year for use in There shall be an executive director a secretary, who shall be appointed by the governor funding the program. with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed Section 2. R.S. 36:3(2), (4), (6) and (7), 8(E)(1), 301(C), 302, 303, the introductory paragraph by the governor, which salary shall not exceed the amount approved for the position by the of 304(A), (8), (9)(b), the introductory paragraph of (B), (1)(a)(i) and (ii), and 305 through 307 legislature while in session. The executive director secretary shall serve as the executive head are hereby amended and reenacted to read as follows: and chief administrative officer of the Louisiana Workforce Commission and shall have the §3. Definitions responsibility for the policies of the commission, except as otherwise provided by this Title, For the purposes of this Title the following terms shall have the following meanings unless and for the administration, control, and operation of the functions, programs, and affairs of the context clearly indicates otherwise: the commission; provided that the executive director secretary shall perform his functions * * * under the general control and supervision of the governor. (2) “Assistant secretary” means the officer designated by law or by the secretary of each §304. Powers and duties of executive director secretary department to carry out the duties and functions of an office within certain departments, A. In addition to the functions, powers, and duties otherwise vested in the executive director except an office of management and finance and the office of state police of the Department secretary by law, he shall: of Public Safety and Corrections. For the Louisiana Workforce Commission, the “director” * * * shall mean the officer designated by law or by the executive director to carry out the duties (8) Provide for the ongoing merger and consolidation of the agencies and functions and functions of an office within the Louisiana Workforce Commission except the office of transferred to his commission and submit a report thereon to the governor and the legislature, management and finance. which report shall accompany the budget request which he submits under provisions of * * * R.S. 39:33. Such report shall include a statement of the goals of the commission and of the (4) “Deputy secretary” means the officer authorized to be appointed by the secretary to programs thereof and shall summarize the accomplishments of the commission in meeting serve as his principal administrative assistant. For the Department of Public Safety and such goals and implementing such programs. The report shall also contain a specific statement Corrections, the “deputy secretary for public safety services” and the “deputy secretary for of the reorganization and consolidation plan for the commission for the next year and shall corrections services” shall be the officers of the department appointed by the secretary to serve include a report on the implementation of such reorganization and consolidation plan for as the principal administrative assistants of the secretary and references in any provision of the previous year. The report concerning reorganization shall specifically detail the extent to law to the deputy secretary, where reference is to a deputy secretary of the Department of which the commission has achieved goals stated the previous year with respect to merger and Public Safety and Corrections, shall include these two officers. For the Louisiana Workforce consolidation of functions, abolition of agencies, consolidation of offices, elimination of job Commission, the “deputy executive director” shall mean the officer authorized by the executive positions, and efficiency and economy in delivery of services. The report shall contain any director to serve as his principal administrative assistant. recommendations with respect to reorganization which may require legislative action under * * * the provisions of this Title. A copy of the report and recommended legislation shall also be (6) “Secretary” means the officer appointed by the governor as the executive head and chief submitted by the executive director secretary to the presiding officer of both houses of the administrative officer of certain departments created and provided for by this Title. For the legislature. The presiding officer shall refer the report to the appropriate committee having Louisiana Workforce Commission, the “executive director” shall mean the officer appointed jurisdiction of the subject matter as provided in the rules of the respective house. by the governor as the executive head and chief administrative officer. (9) (7) “Undersecretary” means the officer designated to direct and be responsible for the * * * functions of the office of management and finance of certain departments. For the Louisiana (b) The executive director secretary may submit the annual report required by this Paragraph Workforce Commission, the “chief financial officer” shall mean the officer designated to in electronic format and is further authorized, but is not required, to submit the report at the direct and be responsible for the functions of the office of management and finance. For the time of submission of the annual report required by Paragraph (7) of this Subsection. Department of Children and Family Services, “undersecretary” means the officer designated B. The executive director secretary shall have authority to: to direct and be responsible for the functions of the division of management and finance (1)(a) Except as otherwise specifically provided in R.S. 36:801 and R.S. 36:803: within the office of children and family services. (i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the * * * efficient administration of the executive office of the executive director secretary and the §8. Fiscal oversight and program evaluation performance of its powers, duties, functions, and responsibilities and such other personnel, * * * who are not assigned to an office, as may be necessary for the efficient administration of the E. As used in this Section, the following words shall have the following meanings unless the commission and for the performance of the responsibilities, powers, duties, and functions of context clearly indicates otherwise: agencies transferred to it;. (1) “Secretary” means the chief administrative officer of each department of the executive (ii) Employ, assign, and remove all personnel employed for the commission on a contractual branch of state government, except that with respect to agencies of the Department of basis, and. Education transferred under the provisions of R.S. 36:651(K), “secretary” means the Louisiana * * * Student Financial Assistance Commission, with respect to the Department of Public Service, §305. Deputy executive director secretary “secretary” means the Public Service Commission, and with respect to the Department of State There may be a deputy executive director secretary of the commission, who shall be Civil Service, “secretary” means the State Civil Service Commission, through the director of appointed by the executive director secretary with consent of the Senate and who shall serve state civil service and with respect to the Louisiana Workforce Commission, “secretary” means at the pleasure of the executive director secretary at a salary fixed by the executive director the executive director. secretary, which salary shall not exceed the amount approved for such position by the legislature * * * while in session. The duties and functions of the deputy executive director secretary shall be §301. Louisiana Workforce Commission; creation; domicile; composition; purposes and determined and assigned by the executive director secretary. If appointed, he shall serve as functions acting executive director secretary in the absence of the executive director secretary. * * * §306. Chief financial officer Undersecretary; functions; office of management and finance C.(1) The Louisiana Workforce Commission shall be composed of the executive office of A. There shall be a chief financial officer an undersecretary of the Louisiana Workforce the executive director secretary, the office of management and finance, the office of workforce Commission, who shall be appointed by the governor with the consent of the Senate and who development, the office of unemployment insurance administration, the office of workers’ shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall compensation administration, the office of occupational information services, and such other not exceed the amount approved for such position by the legislature while in session. The chief offices as shall be created by law. The Louisiana Workforce Investment Council, as more financial officer undersecretary shall be directly responsible to and shall perform his functions specifically provided in R.S. 23:2042 et seq., shall be placed within the executive office of the under the supervision and control of the executive director secretary. executive director secretary. B. The chief financial officer undersecretary shall direct and be responsible for the functions (2) Whenever the executive director secretary determines that the administration of the of the office of management and finance within the Louisiana Workforce Commission. In functions of the commission may be more efficiently performed by eliminating, merging, or such capacity he shall be responsible for accounting and budget control, procurement and consolidating existing offices or establishing new offices, he shall present a plan therefor to the contract management, management and program analysis, personnel management, and grants legislature for its approval by statute. management for the commission and all of its offices, including all agencies transferred to §302. Officers of the commission; compensation for one office only the Louisiana Workforce Commission, except as otherwise specifically provided in this Title. A. The officers of the commission shall be the executive director, the chief financial officer, He shall employ, appoint, remove, assign, and promote such personnel as is necessary for the the deputy executive director if a deputy executive director is appointed, and directors, efficient administration of the office of management and finance and the performance of its secretary, the undersecretary, the deputy secretary if a deputy secretary is appointed, and powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, assistant secretaries, each of whom shall be selected and shall perform functions as provided rules, and regulations, and with policies and rules of the commission, all subject to budgetary in this Title. control and applicable laws. The chief financial officer undersecretary shall exercise all powers B. No person serving as executive director, chief financial officer, deputy executive director, and authority granted to him in this Title subject to the overall direction and control of the or director secretary, undersecretary, deputy secretary, or assistant secretary shall receive any executive director secretary. additional salary from the state other than that salary which he receives by virtue of serving in §307. Directors Assistant secretaries any one of such offices. Any statewide elected official appointed to serve as executive director, A. Each office within the Louisiana Workforce Commission, except the office of management chief financial officer, deputy executive director, or director, secretary, undersecretary, deputy and finance, shall be under the immediate supervision and direction of a director an assistant secretary, or assistant secretary shall not receive any additional salary from the state other than secretary, who shall be appointed by the governor with consent of the Senate. Each shall serve that salary which he receives as a statewide elected official. at the pleasure of the governor and shall be paid a salary which shall be fixed by the governor, C. Notwithstanding any provision herein to the contrary, subject to approval of the which salary shall not exceed the amount approved for such position by the legislature while THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 161 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. in session. (1) One member appointed by the state superintendent of education. B. Except as otherwise expressly provided in this Title, the duties and functions of each office (2) One member appointed by the Louisiana School Boards Association. and its director assistant secretary shall be determined by the executive director secretary, and (3) One member appointed by the Louisiana Association of School Superintendents. all of such duties and functions shall be exercised under the direct supervision and control of (4) One member appointed by the Louisiana Association of Computer Using Educators. the executive director secretary. (5) One university faculty member with expertise in technology, appointed by the Conference of C. Except as otherwise provided in R.S. 36:801, each director assistant secretary shall Louisiana Colleges and Universities. employ, appoint, remove, assign, and promote such personnel as is are necessary for the (6) One member appointed by the Louisiana Internet and Televison Association. efficient administration of his office and its programs and the performance of its powers, (7) Six members with expertise in technology, one appointed by the Louisiana Publishers duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, Association, one appointed by Greater New Orleans, Inc., one appointed by the Baton Rouge Area and regulations, and with policies and rules of the commission, all subject to budgetary control Chamber, one appointed by the Louisiana Association of Business and Industry, one appointed by and applicable laws. the Academic Division of the Cyber Innovation Center, and one appointed by CenturyLink, Inc. D. Each director assistant secretary shall exercise all powers and authority granted to him in (8) One member appointed by the president of the State Board of Elementary and Secondary this Title subject to the overall direction and control of the executive director secretary. Education. * * * (9) One member appointed by the governor. Section 3. R.S. 42:1266(C)(1)(e) is hereby amended and reenacted to read as follows: (10) One member appointed by the president of the Senate. §1266. Required education; certain unclassified officials and employees (11) One member appointed by the speaker of the House of Representatives. * * * C. Members shall serve without compensation, but may receive any per diem or reimbursement C.(1) This Section shall apply to each person serving in the state unclassified service in one as allowed by the appointing authority. of the following positions: D. Vacancies shall be filled in the manner of original appointment. * * * E. The state superintendent shall convene the first meeting of the task force not later than (e) The executive director, the chief financial officer, the deputy executive director, and September 1, 2018, and shall designate state Department of Education staff to assist the task each director, secretary, undersecretary, deputy secretary, and each assistant secretary, or an force in performing its duties and responsibilities. The chairman of the task force shall be selected equivalent position of the Louisiana Workforce Commission. at the first meeting from among the membership of the task force. * * * F. At a minimum, the task force shall: Section 4. Pursuant to R.S. 49:193, the Louisiana Workforce Commission and the statutory (1) Thoroughly review the statewide educational technology plan as it relates to current entities made a part of the department by law shall be re-created effective June 30, 2018, and capabilities and projected future needs for internet services, facility hardware, individual devices, all statutory authority therefor is continued in accordance with the provisions of Part XII of software applications, and training needs. Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950. (2) Examine current capabilities and future needs for technology. Section 5. Notwithstanding any provision of any previous Act of the legislature, all statutory (3) Identify any technology gaps that exist and examine whether the gaps are due to the school’s authority for the existence of the Louisiana Workforce Commission and the statutory entities location or the relative wealth of the public school governing authority. made a part of the department, as re-created under the provisions of Section 2 of this Act (4) Determine whether Louisiana Optical Network Infrastructure is a potential cost-effective shall cease as of July 1, 2018, pursuant to R.S. 49:191. However, the Louisiana Workforce partner for providing technology to schools. Commission and its statutory entities may be re-created prior to such date in accordance with (5) Determine the impact of technology mandates and state and local funding mechanisms. the provisions of Part XII of Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950. (6) Define strategic funding needs. Section 6. The provisions of R.S. 49:193 are hereby superseded to the extent that those (7) Determine a strategy to secure available outside funding to assist in meeting the technology provisions are in conflict with the provisions of this Act. needs of students and schools. Section 7. R.S. 49:191(10)(c) is hereby enacted to read as follows: (8) Develop a long-term strategy to assist the state Department of Education and public school §191. Termination of legislative authority for existence of statutory entities; phase‑out governing authorities to plan for and meet current and future technology needs. period for statutory entities; table of dates G. The task force shall submit a written report of its findings and any recommendations to Notwithstanding any termination dates set by any previous Act of the legislature, the the Senate Committee on Education and the House Committee on Education not later than statutory entities set forth in this Section shall begin to terminate their operations on July first December 1, 2019. of each of the following years, and all legislative authority for the existence of any statutory Section 2. R.S. 36:651(G)(6) is hereby enacted to read as follows: entity, as defined in R.S. 49:190, shall cease as of July first of the following year, which shall §651. Transfer of boards, commissions, departments, and agencies to Department of be the termination date: Education; boards, commissions, and agencies within Department of Education * * * * * * (10) July 1, 2022: G. The following agencies, as defined by R.S. 36:3, are transferred to and hereafter shall be * * * within the Department of Education as provided in Part III of Chapter 22 of this Title: (c) The Louisiana Workforce Commission and all statutory entities made a part of the * * * department by law. (6) The Technology Strategy Task Force (R.S. 17:3921.3). * * * * * * Section 8. R.S. 36:8(E)(2)(j) and R.S. 49:191(8)(a) are hereby repealed in their entirety. Section 3. R.S. 17:3921.3 and R.S. 36:651(G)(6) are hereby repealed in their entirety. Section 9.(A)(1) The Louisiana State Law Institute is hereby directed to change all references Section 4. Section 3 of this Act shall become effective on December 31, 2019. in the Louisiana Revised Statutes of 1950 to “executive director of the Louisiana Workforce Approved by the Governor, May 20, 2018. Commission” to “secretary of the Louisiana Workforce Commission”. A true copy: (2) The Louisiana State Law Institute is hereby directed to change all references in Title 23 R. Kyle Ardoin of the Louisiana Revised Statutes of 1950 to “executive director” to “secretary”. Secretary of State (B) The Louisiana State Law Institute is hereby directed to change all references in Title 23 of the Louisiana Revised Statutes of 1950 to “director” to “assistant secretary” except as provided in R.S. 23:381 through 384, 387, 388, 390, 535, 1017.3, 1032, 1176, 1203 through ACT No. 382 1203.1.1, 1307, 1314, 1404, 1406, 1538, 2196, and 2209. - - - Section 10. This Act shall become effective on June 30, 2018; if vetoed by the governor and SENATE BILL NO. 361 subsequently approved by the legislature, this Act shall become effective on June 30, 2018, or BY SENATOR WALSWORTH on the day following such approval by the legislature, whichever is later. AN ACT Approved by the Governor, May 20, 2018. To amend and reenact R.S. 51:3073(2) and (4)(a) and 3074, relative to the Database Security A true copy: Breach Notification Law; to provide for the protection of personal information; to require R. Kyle Ardoin certain security procedures and practices; to provide for notification requirements; to provide Secretary of State relative to violations; to provide for definitions; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 51:3073(2) and (4)(a) and 3074 are hereby amended and reenacted to read ACT No. 381 as follows: - - - §3073. Definitions SENATE BILL NO. 349 As used in this Chapter, the following terms shall have the following meanings: BY SENATORS APPEL, THOMPSON AND WALSWORTH * * * AN ACT (2) “Breach of the security of the system” means the compromise of the security, To enact R.S. 17:3921.3 and R.S. 36:651(G)(6) and to repeal R.S. 17:3921.3 and R.S. 36:651(G) confidentiality, or integrity of computerized data that results in, or there is a reasonable basis (6), relative to the statewide educational technology plan; to create the Technology Strategy to conclude has resulted likelihood to result in, the unauthorized acquisition of and access to Task Force within the Department of Education to review the statewide plan; and to provide personal information maintained by an agency or person. Good faith acquisition of personal for related matters. information by an employee or agent of an agency or person for the purposes of the agency or Be it enacted by the Legislature of Louisiana: person is not a breach of the security of the system, provided that the personal information is Section 1. R.S. 17:3921.3 is hereby enacted to read as follows: not used for, or is subject to, unauthorized disclosure. §3921.3. Technology Strategy Task Force; creation, membership, duties * * * A. There is hereby created the Technology Strategy Task Force, hereafter referred to as the (4)(a) “Personal information” means an individual’s the first name or first initial and last “task force”, for the purpose of undertaking a thorough review and analysis of the statewide name of an individual resident of this state in combination with any one or more of the following technology plan provided for in this Part and the status of the technological abilities and projected data elements, when the name or the data element is not encrypted or redacted: needs of public elementary and secondary schools. (i) Social security number. B. The task force shall be composed of sixteen members as follows: (ii) Driver’s license number or state identification card number. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 162 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. (iii) Account number, credit or debit card number, in combination with any required security ACT No. 383 code, access code, or password that would permit access to an individual’s financial account. - - - (iv) Passport number. SENATE BILL NO. 366 (v) Biometric data. “Biometric data” means data generated by automatic measurements of an BY SENATOR WARD individual’s biological characteristics, such as fingerprints, voice print, eye retina or iris, or other AN ACT unique biological characteristic that is used by the owner or licensee to uniquely authenticate an To amend and reenact Civil Code Art. 136, relative to children; to provide relative to visitation individual’s identity when the individual accesses a system or account. rights; to provide relative to visitation rights of grandparents and siblings; to provide certain * * * terms, conditions, requirements, and procedures; and to provide for related matters. §3074. Disclosure Protection of personal information; disclosure upon breach in the security Be it enacted by the Legislature of Louisiana: of personal information; notification requirements; exemption Section 1. Civil Code Art. 136 is hereby amended and reenacted to read as follows: A. Any person that conducts business in the state or that owns or licenses computerized data Art. 136. Award of visitation rights that includes personal information, or any agency that owns or licenses computerized data that A. A parent not granted custody or joint custody of a child is entitled to reasonable visitation includes personal information, shall implement and maintain reasonable security procedures and rights unless the court finds, after a hearing, that visitation would not be in the best interest practices appropriate to the nature of the information to protect the personal information from of the child. unauthorized access, destruction, use, modification, or disclosure. B. In addition to the parents referred to in Paragraph A of this Article, the following persons B. Any person that conducts business in the state or that owns or licenses computerized data may be granted visitation if the parents of the child are not married or cohabitating with a person that includes personal information, or any agency that owns or licenses computerized data in the manner of married persons or if the parents of the child have filed a petition for divorce: that includes personal information shall take all reasonable steps to destroy or arrange for the (1) A grandparent may be granted reasonable visitation rights if the court finds that it is destruction of the records within its custody or control containing personal information that is no in the best interest of the child. Before making this determination, the court shall hold a longer to be retained by the person or business by shredding, erasing, or otherwise modifying the contradictory hearing as provided for in R.S. 9:345 in order to determine whether the court personal information in the records to make it unreadable or undecipherable through any means. should appoint an attorney to represent the child. C. Any person that conducts business in the state or that owns or licenses computerized data C.(2) Under extraordinary circumstances, any other relative, by blood or affinity, or a that includes personal information, or any agency that owns or licenses computerized data former stepparent or stepgrandparent may be granted reasonable visitation rights if the court that includes personal information, shall, following discovery of a breach in the security of the finds that it is in the best interest of the child. Extraordinary circumstances shall include a system containing such data, notify any resident of the state whose personal information was, determination by a court that a parent is abusing a controlled dangerous substance. or is reasonably believed to have been, acquired by an unauthorized person. C. Before making any determination under Subparagraph (B)(1) or (2) of this Article, the court B.D. Any agency or person that maintains computerized data that includes personal shall hold a contradictory hearing as provided by R.S. 9:345 in order to determine whether the information that the agency or person does not own shall notify the owner or licensee of the court should appoint an attorney to represent the child. information if the personal information was, or is reasonably believed to have been, acquired D. In determining the best interest of the child under Paragraphs B and C Subparagraph (B) by an unauthorized person through a breach of security of the system containing such data, (1) or (2) of this Article, the court shall consider only the following factors: following discovery by the agency or person of a breach of security of the system. (1) A parent’s fundamental constitutional right to make decisions concerning the care, custody, C.E. The notification required pursuant to Subsections A and B C and D of this Section and control of their own children and the traditional presumption that a fit parent will act in the shall be made in the most expedient time possible and without unreasonable delay but not best interest of their children. later than sixty days from the discovery of the breach, consistent with the legitimate needs of (2) The length and quality of the prior relationship between the child and the relative. law enforcement, as provided in Subsection D F of this Section, or any measures necessary (2)(3) Whether the child is in need of guidance, enlightenment, or tutelage which can best be to determine the scope of the breach, prevent further disclosures, and restore the reasonable provided by the relative. integrity of the data system. When notification required pursuant to Subsections C and D of (3)(4) The preference of the child if he is determined to be of sufficient maturity to express this Section is delayed pursuant to Subsection F of this Section or due to a determination by the a preference. person or agency that measures are necessary to determine the scope of the breach, prevent further (4) The willingness of the relative to encourage a close relationship between the child and his disclosures, and restore the reasonable integrity of the data system, the person or agency shall parent or parents. provide the attorney general the reasons for the delay in writing within the sixty day notification (5) The mental and physical health of the child and the relative. period provided in this Subsection. Upon receipt of the written reasons, the attorney general shall E. In the event of a conflict between this Article and R.S. 9:344, the provisions of the statute allow a reasonable extension of time to provide the notification required in Subsections C and D shall supersede those of this Article. If the parents of a child are married and have not filed for of this Section. divorce or they are living in concubinage, the provisions of R.S. 9:344 shall apply. D.F. If a law enforcement agency determines that the notification required under this Approved by the Governor, May 20, 2018. Section would impede a criminal investigation, such notification may be delayed until such A true copy: law enforcement agency determines that the notification will no longer compromise such R. Kyle Ardoin investigation. Secretary of State E.G. Notification may be provided by one of the following methods: (1) Written notification. (2) Electronic notification, if the notification provided is consistent with the provisions ACT No. 384 regarding electronic records and signatures set forth in 15 USC U.S.C. 7001. - - - (3) Substitute notification, if an agency or person demonstrates that the cost of providing SENATE BILL NO. 372 notification would exceed two hundred fifty one hundred thousand dollars, or that the affected BY SENATOR CORTEZ AND REPRESENTATIVES BRASS, TERRY BROWN, class of persons to be notified exceeds five one hundred thousand, or the agency or person CARPENTER, STEVE CARTER, GISCLAIR, GUINN, HALL, HOWARD, LEBAS, does not have sufficient contact information. Substitute notification shall consist of all of the MARCELLE AND WHITE following: AN ACT (a) E-mail notification when the agency or person has an e-mail address for the subject To amend and reenact the introductory paragraph of R.S. 38:90.4(A)(1) and 90.9, and to persons. enact R.S. 38:90.1(12) and (13) and 90.4.1, relative to the Statewide Flood Control Program; (b) Conspicuous posting of the notification on the Internet site of the agency or person, if to provide for the Rural Grant Opportunity Program within the Statewide Flood Control an Internet site is maintained. Program; to provide for requirements, limitations, and eligibility for participation in the rural (c) Notification to major statewide media. program; and to provide for related matters. F. H. Notwithstanding Subsection E G of this Section, an agency or person that maintains a Be it enacted by the Legislature of Louisiana: notification procedure as part of its information security policy for the treatment of personal Section 1. The introductory paragraph of R.S. 38:90.4(A)(1) and 90.9 are hereby amended information which is otherwise consistent with the timing requirements of this Section shall be and reenacted and R.S. 38:90.1(12) and (13) and 90.4.1 are hereby enacted to read as deemed considered to be in compliance with the notification requirements of this Section if the follows: agency or person notifies subject persons in accordance with the policy and procedure in the §90.1. Definitions event of a breach of security of the system. As used in this Chapter, unless the context clearly indicates otherwise, the following terms G. Notification under this title is not required if after a reasonable investigation the person or shall have the meanings ascribed to them as follows: business determines that there is no reasonable likelihood of harm to customers. * * * I. Notification as provided in this Section shall not be required if after a reasonable investigation, (12) “Rural grant opportunity authority” means a municipality with a population of fewer than the person or business determines that there is no reasonable likelihood of harm to the residents of five thousand people or a parish with a population of fewer than fifty thousand people located in this state. The person or business shall retain a copy of the written determination and supporting a rural area. documentation for five years from the date of discovery of the breach of the security system. If (13) “Rural Grant Opportunity Program” means a mechanism for a rural grant opportunity requested in writing, the person or business shall send a copy of the written determination and authority located in a rural area that lacks the financial ability to satisfy the local match supporting documentation to the attorney general no later than thirty days from the date of receipt requirements to participate in the Statewide Flood Control Program. of the request. The provisions of R.S. 51:1404(A)(1)(c) shall apply to a written determination and * * * supporting documentation sent to the attorney general pursuant to this Subsection. §90.4. Methodology for flood-control project evaluation J. A violation of a provision of this Chapter shall constitute an unfair act or practice pursuant A.(1) Applications for funding of any flood-control projects under the Statewide Flood to R.S. 51:1405(A). Control Program may be submitted by any duly authorized municipal, parish, or other Approved by the Governor, May 20, 2018. governing authority. Applications shall be made to the office of engineering by October first A true copy: of each year, for consideration of funding in the following fiscal year.Pre -applications may be R. Kyle Ardoin submitted at any time throughout the year but shall be received no later than May first of each year Secretary of State to be eligible for consideration of funding in the next program approval as provided in this Section. In the event that a flood disaster declaration has been issued by the governor for a municipality or parish, no later than September first of the year immediately following the gubernatorial THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 163 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. flood disaster declaration, the Department of Transportation and Development shall send the child reaches the age of eighteen years. notice by registered or certified mail to the governing authority of that municipality or parish (b) The publication of the information is authorized or required by any other provision of law. containing information regarding the application procedures and deadlines to submit eligible B.(1) A person or business entity shall ensure that a criminal history record or criminal history flood control projects in that particular municipality or parish. The governing authority of the record information that the person or business entity publishes is complete and accurate. municipality or parish shall submit an application for funding to the office of engineering by (2) For purposes of this Section, a criminal history record or criminal history record information October first of the year following the declaration. Applications submitted in accordance with published by a person or business entity is considered: the provisions of this Chapter shall not be subject to the provisions of R.S. 39:101. Sponsoring (a) “Complete” if the information reflects the notations of arrest and the filing and disposition authorities with a population of fifty thousand persons or more shall be responsible for the of criminal charges, as applicable. preparation of applications for their respective projects. For sponsoring authorities with a (b) “Accurate” if the information reflects the most recent information received by the entity population of less than fifty thousand persons, the office shall prepare the applications for the from a law enforcement agency, criminal justice agency, or any other governmental entity within projects, or the sponsoring authority may prepare its application in the event the office cannot sixty days preceding the date of publication. accomplish required engineering services in a timely manner. Information to be provided in the (3) The person or business entity shall clearly and conspicuously publish an email address, application shall include but not be limited to the following: facsimile transmission number, or mailing address in order to enable a person who is the subject * * * of a criminal history record or criminal history record information published by the person or §90.4.1. Rural Grant Opportunity Program business entity to dispute the completeness or accuracy of the published information. A. Applications for funds in the Rural Grant Opportunity Program may be submitted by a rural (4) If a person or business entity receives a dispute regarding the completeness or accuracy grant opportunity authority. Applications shall be reviewed in accordance with R.S. 38:90.4(B). of a criminal history record or criminal history record information from a person who is the B. Funds for the program shall not exceed twenty-five percent of the annual capital outlay subject of the published information, the person or business entity shall, within thirty business appropriation of the legislature for the Statewide Flood Control Program. Unencumbered Rural days of receiving the notice of the dispute, verify with the appropriate law enforcement agency, Grant Opportunity Program funds shall be available for use in the Statewide Flood Control criminal justice agency, or any other governmental entity, without cost to the person, the disputed Program for rural authorities who do not qualify for grant program funding. information. C. Information included in the application shall satisfy the requirements of R.S. 38:90.4(A)(1) (5) If the person or business entity finds an incomplete or inaccurate criminal history record or and shall also include but is not limited to the following: inaccurate criminal history record information after conducting an investigation as prescribed by (1) A resolution from the authority declaring its financial inability to satisfy the local match this Section, the person or business entity shall promptly remove the inaccurate information from required pursuant to R.S. 38:90.9(A)(4). the website or other publication or shall promptly correct the information, as applicable. (2) Financial documentation to support its declaration of financial inability in the resolution (6) The person or business entity shall provide written notice to the person who disputed the shall include a sworn affidavit executed by the authority’s private certified public accountant completeness or accuracy of published information of the results of an investigation conducted certifying that, after an examination of the authority’s financial records, monies are not available under this Section not later than the fifth business day after the date on which the investigation out of the accumulated unreserved earnings generated by the authority to meet the Statewide is completed. Flood Control Program’s ten percent local match requirement. C.(1) If a person or business entity receives a written notice from any person that the person or D. If the grant application is approved, the authority shall not be required to satisfy the ten business entity is publishing information in violation of this Section, the person or business entity percent local match for construction. shall immediately remove the information from the website or publication. E. Federal matching projects shall not be eligible for funds in accordance with this Section. (2) If the person or business entity confirms that the information is not confidential juvenile F. No special district shall be eligible to participate in the Rural Grant Opportunity Program. record information or confidential criminal record information of a child and the publication * * * of the information is not otherwise prohibited, the person or business entity may republish the §90.9. Statement of sponsorship information. A. Prior to the commencement of any work, the office shall require the presiding officer of D.(1) Except as provided in Paragraph (2) of this Subsection, this Section shall apply to: each authority involved in a project to execute a statement of sponsorship. The statement of (a) A person or business entity that publishes a criminal history record or criminal history sponsorship shall include but not be limited to the following: record information, including information originally obtained pursuant to a public records request (1) Agreement to furnish all lands, easements, rights-of-way, permits, and spoil disposal or purchased or otherwise obtained from a law enforcement agency, criminal justice agency, or areas necessary to construct and maintain the project without cost to the state. any other governmental entity. (2) Agreement to assume all maintenance and operation costs for the project and all future (b) A person or business entity that publishes confidential juvenile record information or alterations as may be required without cost to the state. confidential criminal record information of a child in any manner not permitted by Children’s (3) Agreement to accomplish all necessary utility and any other facility relocations, Code Article 412 or other provision of law, regardless of the source of the information. alterations, and maintenance without cost to the state. (2) This Chapter shall not apply to: (4) Agreement to provide at least a ten percent local match for cost of the project; however, (a) Any statewide juvenile information sharing system authorized by Children’s Code Article the Statewide Flood Control Program may provide funds for the total cost for any modifications 541 or other provision of law. to drainage structures located within state highway rights-of-way. Where practical, the local (b) A publication of general circulation or an internet website related to such a publication levee board may authorize payment of part or all of the local authority’s costs. that contains news or other information, including a magazine, periodical newsletter, newspaper, B. A sponsoring authority that is an eligible rural grant opportunity authority and lacks the pamphlet, or report. financial ability to satisfy the local match required to participate in the Statewide Flood Control (c) A radio or television station that holds a license issued by the Federal Communications Program may apply for funds pursuant to R.S. 38:90.4.1. Commission. Approved by the Governor, May 20, 2018. (d) A telecommunications provider. A true copy: (e) A movie, film, or audiovisual work. R. Kyle Ardoin E. For purposes of this Section: Secretary of State (1) “Confidential criminal record information of a child” means information relative to a person’s involvement in the criminal justice system resulting from conduct that occurred or was ACT No. 385 alleged to occur when the person was younger than eighteen years of age and that is confidential - - - pursuant to Children’s Code Article 412 or any other provision of law. This term does not include: SENATE BILL NO. 384 (a) A criminal history record or criminal history record information of a person who is to BY SENATOR CLAITOR stand trial as an adult for that conduct, as provided by Children’s Code Article 305 or any other AN ACT provision of law. To enact R.S. 14:133.7, relative to offenses affecting public records; to prohibit the publication (b) Records or information relating to a traffic offense. of certain criminal record information or juvenile record information; to provide definitions; (2) “Confidential juvenile record information” means information about a person’s involvement to provide penalties; to provide for venue; and to provide for related matters. in the juvenile justice system that is confidential, sealed, under restricted access, or required to be Be it enacted by the Legislature of Louisiana: destroyed under any provision of law, including: Section 1. R.S. 14:133.7 is hereby enacted to read as follows: (a) A description or notation of any referral to a juvenile probation department or court with §133.7. Publication of certain criminal record information or juvenile record information jurisdiction over the juvenile, including any instances of being taken into custody, any informal prohibited disposition of a custodial or referral event, or any formal charges and the disposition of those A.(1) No person or business entity shall: charges. (a) Publish confidential juvenile record information or confidential criminal record information (b) A photograph or photographs of the person taken pursuant to a custodial event or other of a child. involvement in the juvenile justice system. (b) Publish any criminal history record or criminal history record information in the person’s or (c) Personal identifying information of the person contained in any other records of the person’s business entity’s possession with respect to which the person or business entity has received notice involvement in the juvenile justice system. that either: (3) “Criminal justice agency” means any government agency or subunit thereof, or private (i) An order of expungement has been entered pursuant to Code of Criminal Procedure Article agency that, through statutory authorization or a legal formal agreement with a governmental 971 et seq. unit or agency, has the power of investigation, arrest, detention, prosecution, adjudication, (ii) An order of nondisclosure has been issued by a court of competent jurisdiction. treatment, supervision, rehabilitation or release of persons suspected, charged, or convicted of (c) Charge a fee to remove, correct, or modify any criminal history record or criminal history a crime, or that collects, stores, processes, transmits, or disseminates criminal history record or record information that the person or business entity has published. crime information. (d) Continue to publish an incomplete or inaccurate criminal history record or inaccurate (4) “Criminal history record” or “criminal history record information” mean information criminal history record information. collected by criminal justice agencies on individuals consisting of identifiable descriptions (2) A person or business entity does not violate this Section if the person or business entity and notations of arrests, detentions, indictments, bills of information, or any formal criminal published confidential juvenile record information or confidential criminal record information of charges, and any disposition arising therefrom, including sentencing, correctional supervision, a child and: and release. These terms do not include intelligence or investigatory purposes, nor does it include (a) The child who is the subject of the records gives written consent to the publication on or after any identification information that does not indicate involvement of the individual in the criminal THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 164 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. justice system. These terms do not include records of juvenile criminal conduct. These terms the governor and subsequently approved by the legislature, this Act shall become effective on include but are not limited to the following: the day following such approval. (a) A description or notation of any arrests, any formal criminal charges, and the dispositions Approved by the Governor, May 20, 2018. of those criminal charges. A true copy: (b) A photograph or photographs of the person taken pursuant to an arrest or other involvement R. Kyle Ardoin in the criminal justice system. Secretary of State (c) Personal identifying information of a person displayed in conjunction with any other record of the person’s involvement in the criminal justice system. (5) “Juvenile justice system” means the system of public and private services in Louisiana that ACT No. 387 includes prevention, early identification, early intervention, child protection, law enforcement, - - - prosecution, defense, adjudication, diversion and informal processing, probation, corrections, SENATE BILL NO. 422 aftercare, transitional living, and other services provided to children and families who either are BY SENATORS WHITE, BOUDREAUX, MILKOVICH, MIZELL, or are likely to be brought into a court with juvenile jurisdiction because of problems such as MORRISH AND WALSWORTH abuse, neglect or abandonment, mental illness, substance abuse, aspects of a divorce and breakup AN ACT of families, predelinquency, social irresponsibility or delinquent behavior, or domestic abuse To amend and reenact R.S. 37:2156(C)(3)(d)(i), relative to contractor fees; to distribute certain involving children. fees collected by the State Licensing Board for Contractors to certain universities and (6) “Personal identifying information” means information that alone or in conjunction with other colleges; to require each accredited public university receive twice as much funds as each information identifies a person, including a person’s name, address, date of birth, photograph, and community college; and to provide for related matters. social security number or other government‑issued identification number. Be it enacted by the Legislature of Louisiana: (7) “Publish” means: Section 1. R.S. 37:2156(C)(3)(d)(i) is hereby amended and reenacted to read as follows: (a) In the case of the records of adults, to communicate or make information available to §2156. Unexpired licenses; fees; renewals another person on a publicly available internet website or in any other publication that charges a * * * fee for the removal of the information. C. * * * (b) In the case of the records of a juvenile, to communicate or make information available to (3) * * * another person by any means, including but not limited to a publicly available internet website (d) The funds collected pursuant to this Subsection shall be distributed as follows: that charges a fee for the removal of the information. (i) One-half on a pro rata basis to each accredited public university university’s or community F. Whoever violates any provision of this Section: college school college’s schools of construction management or construction technology. (1) On a first conviction shall be fined not more than one thousand dollars, or imprisoned for not However, each accredited public university shall receive twice as much funds as each community more than six months, or both. college. (2) On a second conviction shall be fined not more than five thousand dollars, or imprisoned for * * * not more than one year, or both. Approved by the Governor, May 20, 2018. (3) On a third or subsequent conviction shall be fined not more than ten thousand dollars, or A true copy: imprisoned, with or without hard labor, for not less than six months nor more than one year, or R. Kyle Ardoin both. Secretary of State G. In addition to the penalties provided by Subsection F of this Section, a person or business entity that publishes information in violation of any provision of this Section shall be liable to pay restitution to the individual who is the subject of the information in an amount not to exceed five ACT No. 388 hundred dollars for each separate violation and, in the case of a continuing violation, an amount - - - not to exceed five hundred dollars for each subsequent day on which the violation occurs. SENATE BILL NO. 473 H. Venue shall be appropriate in the jurisdiction where the subject of publication resides and BY SENATOR JOHNS where the offense was committed. AN ACT Approved by the Governor, May 20, 2018. To amend and reenact R.S. 40:2405.1(B), relative to the issuance of bulletproof vests to A true copy: peace officers; to make surplus bulletproof vests available for purchase to certain part-time R. Kyle Ardoin and reserve peace officers, constables, and deputy constables; to provide for conditions; Secretary of State to provide for notice; to provide for definitions; to provide for liability; and to provide for related matters. Be it enacted by the Legislature of Louisiana: ACT No. 386 Section 1. R.S. 40:2405.1(B) is hereby amended and reenacted to read as follows: - - - §2405.1. Special equipment provided by Department of Public Safety and Corrections SENATE BILL NO. 415 * * * BY SENATOR WHITE B.(1) To the extent that funds are not appropriated to the Department of Public Safety AN ACT and Corrections for the purposes provided in Subsection A of this Section, the department To amend and reenact the introductory paragraph of R.S. 48:221(A)(4), and to enact R.S. may make available for purchase to law enforcement agencies for use by their peace officers 48:221(A)(4)(c), relative to the disposition of certain property by the Department of bulletproof vests no longer utilized by the department for which the manufacturer warranty Transportation and Development; to authorize the use of a real estate broker to sell property has expired. deemed an uneconomic remnant; and to provide for related matters. (2) Any purchase pursuant to this Section shall be conducted pursuant to rules or regulations Be it enacted by the Legislature of Louisiana: adopted by the Louisiana Property Assistance Agency. Section 1. The introductory paragraph of R.S. 48:221(A)(4) is hereby amended and (3)The state of Louisiana, its agencies and assigns, including but not limited to the reenacted and R.S. 48:221(A)(4)(c) is hereby enacted to read as follows: Department of Public Safety and Corrections shall be immune from any liability relating to or §221. Acquisition of balance of land in certain cases; disposition; exchange; excess property resulting from the purchase, issuance, or failure of bulletproof vests transferred pursuant to A. * * * the provisions of this Section. (4) If excess immovable property authorized to be sold pursuant to this Section is not (4)(a) Not later than ninety days prior to the destruction of any bulletproof vest, the department purchased at public or private sale as provided herein, or if the cost of advertisement is greater shall give notice to law enforcement agencies and constables that bulletproof vests no longer than the fair market value of the property so that the property lacks a positive net value to the utilized by the department for which the manufacturer warranty has expired are available for department, the secretary may, within his discretion, do either any of the following: purchase for use by part-time and reserve peace officers, constables, and deputy constables. * * * (b) As used in this Paragraph, “part-time and reserve peace officer” means any part-time peace (c)(i) Use a real estate broker licensed in Louisiana to sell the property. The selling price of officer and any reserve peace officer employed by the state, a municipality, a sheriff, or other the property may be as determined in the department’s last available appraisal, or the cost of the public agency whose principal duties primarily involve the prevention or detection of crime or advertisement, whichever is greater. In the event of the sale of the property, the department may the enforcement of penal and traffic laws and actually include the making of arrests and the pay the broker a commission not to exceed twenty-five percent of the sale price of the property. performing of searches and seizures. (ii) Notwithstanding any provision of law to the contrary, the sale of property in accordance (c) As used in this Paragraph, “constables and deputy constables” means any elected constable with the provisions of Item (i) of this Subparagraph shall be limited to property identified by the as provided in R.S. 13:2583 and any deputy constable appointed by a constable. department as an uneconomic remnant. * * * (iii) For the purposes of this Subparagraph, the term “uneconomic remnant” means a parcel Approved by the Governor, May 20, 2018. of immovable property acquired by the department where the department determined that any A true copy: remaining partial interest in the owner’s property would have little or no value or utility to the R. Kyle Ardoin owner. Secretary of State (iv) The department may promulgate rules and regulations necessary to implement the provisions of this Subparagraph pursuant to the Administrative Procedure Act. The rules and regulations shall require the Department of Transportation and Development to solicit all real estate brokers licensed in Louisiana and establish a registry of qualified real estate brokers to list the property to be sold in the multiple listing service database in the region where the property is located. * * * Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 165 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 389 I.H. At the initial meeting of the committee Annually, the committee shall elect from its - - - membership a chairman and such other officers as it deems necessary to carry out the duties SENATE BILL NO. 486 and functions of the committee. The board member sitting on the committee shall not be BY SENATOR BARROW AND REPRESENTATIVE CARPENTER eligible to serve as an elected officer of the committee. Each officer shall serve a one year one- AN ACT year term. In the event an officer is unable to complete his term, the chairman shall appoint To amend and reenact R.S. 47:463.73(G), relative to motor vehicles; to provide for the a successor to fill the unexpired term. Thereafter, the committee shall elect officers annually. “Scotlandville Magnet High School” special prestige license plate; to provide for the creation, J.I. Each member of the committee shall receive reimbursement for actual expenses and issuance, design, fees, distribution, and rule promulgation applicable to such license plates; mileage at the same rate set by the division of administration for state employees under the and to provide for related matters. provisions of R.S. 39:231, for each day in actual attendance at committee meetings or for Be it enacted by the Legislature of Louisiana: representing the committee in an official committee‑approved activity. Section 1. R.S. 47:463.73(G) is hereby amended and reenacted to read as follows: Section 2. R.S. 37:1314(J) is hereby repealed. §463.73. Special prestige license plate; Louisiana parochial, public, and private high schools Approved by the Governor, May 20, 2018. * * * A true copy: G. The secretary shall establish special prestige license plates for Archbishop Hannan High R. Kyle Ardoin School, Jesuit High School, Mount Carmel Academy, the Academy of the Sacred Heart, Saint Secretary of State Katharine Drexel Preparatory School, Acadiana High School, Scotlandville Magnet High School, and any other parochial, public, or private Louisiana high school in accordance with the provisions of this Section as it was enacted. ACT No. 391 Approved by the Governor, May 20, 2018. - - - A true copy: SENATE BILL NO. 540 R. Kyle Ardoin BY SENATOR RISER Secretary of State AN ACT To amend and reenact R.S. 8:454, the introductory paragraph of R.S. 8:456(A)(1) and (B), and 457(B) and to enact R.S. 8:456(C), relative to the Louisiana Cemetery Board; to provide ACT No. 390 for the creation of a master trust fund; to provide for requirements of a master trust fund; - - - to provide for reporting requirements; to provide for certain terms and conditions; and to SENATE BILL NO. 506 provide for related matters. BY SENATOR MILLS Be it enacted by the Legislature of Louisiana: AN ACT Section 1. R.S. 8:454, the introductory paragraph of R.S. 8:456(A)(1) and (B), and 457(B) To amend and reenact the introductory paragraph of R.S. 37:1314(B), the introductory are hereby amended and reenacted and R.S. 8:456(C) is hereby enacted to read as follows: paragraph of (C)(1), (1)(h), (C)(3), and (D), (E), (F), (G), (H), and (I), to enact R.S. §454. Trust funds required; master trust fund 37:1314(C)(1)(i) and (j), and to repeal R.S. 37:1314(J), relative to the Clinical Laboratory A. No corporation hereafter organized for the operation of a perpetual or endowed care Personnel Committee of the Louisiana State Board of Medical Examiners; to provide for cemetery and no cemetery authority not operating prior to August 1, 1962, as a perpetual or committee membership; to repeal provisions relative to the initial appointment of committee endowed care cemetery shall advertise or sell interment spaces in said the cemetery under the members; and to provide for related matters. representation that said such cemetery or any individual interment space therein is entitled to Be it enacted by the Legislature of Louisiana: perpetual or endowed care, until there has been established a trust fund to provide for such Section 1. The introductory paragraph of R.S. 37:1314(B), the introductory paragraph of care in the sum of fifty thousand dollars in cash, or in lieu thereof securities listed upon a (C)(1), (1)(h), (C)(3), and (D), (E), (F), (G), (H), and (I) are hereby amended and reenacted and national exchange or obligations of the United States government, any state, parish, county, or R.S. 37:1314(C)(1)(i) and (j) are hereby enacted to read as follows: municipality, having a fair market value equal to said amount of cash on the date of deposit. §1314. Clinical Laboratory Personnel Committee; creation; membership; qualification; B. The trust fund so created shall be evidenced by an instrument in writing and shall be appointment; term; vacancy; officers; meetings; reimbursement placed with a designated trustee which shall be a federally insured financial institution or trust * * * company located in Louisiana and authorized to exercise trust or fiduciary powers under the B. The committee shall consist of twelve fourteen members. The board shall appoint four laws of Louisiana or the United States. members of the committee, subject to Senate confirmation, as follows: C.(1) Notwithstanding any provision of law to the contrary, for the purposes of collective * * * investment and administration and with written consent of each participant in a master trust fund, C.(1) The governor shall appoint eight ten members of the committee, subject to Senate a designated trustee of two or more trust funds may apply to the board to establish a master trust confirmation, as follows: fund in which deposits are made pursuant to the provisions of this Title. * * * (2) The master trust fund shall be subject to the following requirements: (h) One laboratory assistant who shall be a member of the International Society for Clinical (a) It shall include only trust funds with a principal balance of less than two hundred fifty Laboratory Technology American Association of Bioanalysts appointed from a list of three thousand dollars. Upon a determination that a trust fund made a part of a master trust fund has a names submitted by the Louisiana Hospital Association. principal sum exceeding two hundred fifty thousand dollars at the end of a reporting period, such (i) One individual who is an administrator of a Louisiana community and technical college trust fund shall no longer be subject to the collective investment and administration of the master appointed from a list of names submitted by the Louisiana Community and Technical College trust fund and shall be removed from the master trust fund within ninety days. System. (b) The designated trustee of a master trust fund shall maintain separate records of principal (j) One individual who is an educator in a clinical laboratory science program from a two or four and income for each participant in the master trust fund. year program appointed from a list of names submitted by the Board of Regents. (c) The income and associated expenses of the master trust fund shall be divided among the * * * participants in the master trust fund based on the proportion that each participant contributes to (3) The initial appointments shall include eight individuals eligible for licensure under this the balance of the master trust fund. Part. Each clinical laboratory personnel member appointed to the committee shall be a resident (d) The annual report by the designated trustee of the master trust fund shall include an of this state and shall have been actively engaged in the practice of clinical laboratory science itemized separate accounting for each participant in the master trust fund. Such annual report in his field of specialty or clinical laboratory science education for five years immediately prior shall comply with the provisions of R.S. 8:456. to appointment. After January 1, 1995, all All clinical laboratory personnel appointed to the (e) The operation of the master trust fund shall be subject to the provisions of this Title and the committee shall be licensed under this Part. rules and regulations of the board. D. The initial members of the committee shall be appointed no later than October 1, 1993. * * * If any of the designated associations fail to submit a list of nominees by September 1, 1993, §456. Annual report by trustee; final accounting by trustee required the board or governor shall appoint the respective member of the committee without the A.(1) Not later than sixty days after the receipt of the report required by R.S. 8:455, the nomination list established by this Section. trustee shall file with the board, with a copy to the clerk of the district court for the parish in E. Initial appointments to the committee shall be for terms as follows: the two physicians, which the cemetery is located, an annual report on a form prescribed by the board setting forth two clinical laboratory scientist‑generalists, one laboratory assistant, and the hospital all of the following: administrator shall be appointed for two years; two clinical laboratory scientist‑generalists and * * * one clinical laboratory scientist‑specialist, one clinical laboratory scientist‑technician and the B. Within sixty days of the resignation of a trustee and transfer of the trust fund to the cytotechnologist shall be appointed for one year. Thereafter, a member Appointees shall serve successor trustee, the resigning trustee shall file with the board, with a copy to the clerk of for a three year three-year term. No member shall serve more than two consecutive three year the district court for the parish in which the cemetery is located, a final accounting showing three-year terms. No two members who are employed in the same clinical laboratory shall serve in detail all receipts and disbursements of cash and all receipts and deliveries of other trust concurrently. property, and set forth a detailed list of all items of trust property in the trust from the last F. E. Any vacancy occurring in the membership of the committee shall be filled for the reporting period through the date of resignation and transfer of the trust fund to the successor unexpired term in the same manner as the original appointment. trustee. G.F. The board may remove any member for misconduct, incompetence, or neglect of duty, C. Notwithstanding any provision of law to the contrary, the annual report and final accounting after a hearing and upon the recommendation by a majority vote of the committee and the shall be open for public inspection and upon request, a copy of the annual report and final board. accounting shall be made available. H.G. The committee shall hold its initial meeting no later than December 1, 1993, and shall * * * meet at least semi-annually thereafter, on a date and at a time and place as it may designate. §457. Application of Chapter The committee may meet at such other times as deemed necessary by the chairman or by * * * the majority of its members. Reasonable notice of all meetings shall be given in the manner B. A like affidavit shall be filed with the board at the end of each fiscal year thereafter for the prescribed by the committee. Six Seven voting members of the committee shall constitute a operation of such cemetery. quorum at any meeting for the transaction of business. * * * THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 166 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Section 2. This Act shall become effective upon signature by the governor or, if not signed A. Notwithstanding any other provision of law to the contrary, political subdivisions may by the governor, upon expiration of the time for bills to become law without signature by the use the outcome‑based performance contract alternative project delivery method to contract governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by for integrated coastal protection projects as set forth in this Section and consistent with the the governor and subsequently approved by the legislature, this Act shall become effective on purpose and intent set forth in R.S. 49:214.1 or consistent with Louisiana’s Comprehensive the day following such approval. Master Plan for a Sustainable Coast. Approved by the Governor, May 20, 2018. B. This Section creates an alternative project delivery method, known as outcome‑based A true copy: performance contracts, for use by political subdivisions to award a contract to finance, design, R. Kyle Ardoin construct, and monitor integrated coastal protection when considered in the public interest, Secretary of State beneficial to the state and political subdivisions, consistent with the purpose and intent set forth in R.S. 49:214.1, and in accordance with the procedures set forth in this Section. The following are reasons to use outcome‑based performance contracting: financing to construct ACT No. 392 integrated coastal protection projects; cost of integrated coastal protection projects expected to - - - significantly increase over time; need to access or leverage future funds to construct integrated SENATE BILL NO. 558 coastal protection projects more quickly; obtain better overall value, performance, and costs; (Substitute of Senate Bill No. 374 by Senator Barrow) and control and minimize risk to the political subdivision. BY SENATORS BARROW, ALARIO, APPEL, GATTI, MILKOVICH, PRICE AND C. Outcome‑based performance contracts shall not be used for any integrated coastal GARY SMITH AND REPRESENTATIVES AMEDEE, BRASS, CARPENTER, COX, protection project that is estimated to cost more than twenty-five million dollars or exceeds a EMERSON, GLOVER, HAZEL, JACKSON, JEFFERSON, LYONS, MARCELLE, contract term of seven years. NORTON, PEARSON, PIERRE, SMITH, STOKES AND WHITE D. When used in this Section, the following words and phrases shall have the meanings AN ACT ascribed to them unless the context indicates a different meaning: To enact R.S. 15:892.1, relative to correctional facilities; to provide relative to women in (1) “Outcome‑based performance contract” means a delivery method by which the owner correctional facilities; to provide relative to certain healthcare products for incarcerated contracts with an entity for results‑based, specific agreed‑upon outcomes, goals, or outputs, females; to provide relative to sex-appropriate correctional facility employees; to provide for with payment provided by an owner upon successful completion of the pre‑agreed result, definitions; to provide for applicability; and to provide for related matters. outcome, goal, output, or result. Outcome‑based performance contracts shall include the Be it enacted by the Legislature of Louisiana: following: Section 1. R.S. 15:892.1 is hereby enacted to read as follows: (a) A requirement that a substantial portion of the payment be conditioned on the §892.1. Standards and requirements for the incarceration of women achievement of specific outcomes based on defined performance targets. For purposes of this A. As used in this Section, the following words shall have the following meanings: Subparagraph, “substantial portion” shall mean no less than seventy-five percent of the total (1) “Custodian” means a warden, sheriff, deputy sheriff, or law enforcement officer. project cost. (2) “Correctional facility” means any jail, prison, penitentiary, juvenile institution, temporary (b) A process through which performance indicators can be assessed by the owner to holding center, or detention facility. determine whether performance targets have been met. (3) “Correctional facility employee” means any employee of a correctional facility. (c) A schedule and calculation of consequences for contractors based on performance, to (4) “State of undress” means not dressed or not fully dressed. include payments that would be earned if performance targets are met or the imposition of B.(1) A custodian shall make healthcare products available to all women incarcerated in a penalties or other payment adjustments if performance targets are not met. correctional facility at no cost and in a quantity that is appropriate to the needs of the woman (2) “Outcome‑based performance contractor” means a person, sole proprietorship, without a medical permit. Custodians shall not require that a woman be diagnosed with an illness partnership, corporation, joint venture, or other legal entity, properly licensed, bonded, and to access healthcare products. Custodians shall make healthcare products available in housing insured, who is contractually responsible to the owner for financing, designing, permitting, units and in the medical area of a correctional facility. constructing, and monitoring, or any combination thereof, the integrated coastal protection (2) Healthcare products, as used in this Section, shall include all of the following: project to be delivered. (a) Feminine hygiene products. (3) “Owner” means the political subdivision awarding the contract in cooperation with the (b) Moisturizing soap that is not lye-based. Coastal Protection and Restoration Authority. (c) Toothbrushes. (4) “Licensed design professional” means an engineer, architect, or landscape architect who (d) Toothpaste. has secured a professional license from a Louisiana registration board as required by state law. (e) Any other healthcare product the custodian deems appropriate. (5) “Resident business” means one authorized to do and doing business pursuant to the laws C.(1) A male correctional facility employee shall not conduct a pat-down search or body cavity of this state, that meets one of the following criteria: search on an incarcerated woman unless the woman presents an immediate risk of harm to herself (a) Maintains its principal place of business in the state. or others and a female correctional facility employee is not available. (b) Employs a minimum of two employees who are residents of the state. (2) A male correctional facility employee shall announce his presence upon entering a housing (6) “Annual plan” means the state integrated coastal protection plan submitted annually to unit for incarcerated women. the legislature. (3) A male correctional facility employee shall not enter into an area of the correctional facility (7) “Coastal area” means the Louisiana Coastal Zone and contiguous areas subject to storm in which incarcerated women may be in a state of undress or an area where incarcerated women or tidal surge and the area comprising the Coastal Louisiana Ecosystem as defined in Section in a state of undress may be viewed including but not limited to restrooms, shower areas, or 7001 of P.L. 110‑114. medical treatment areas. If a female correctional facility employee is not available or if a female (8) “Integrated coastal protection” means plans, projects, policies, and programs intended to correctional facility employee requires assistance, a male correctional facility employee may provide hurricane protection or coastal conservation or restoration, and shall include but not enter into an area as provided in this Paragraph in the event of a medical emergency or if an be limited to coastal restoration; coastal protection; infrastructure; storm damage reduction; incarcerated woman presents an immediate risk of harm to herself or others. flood control; water resources development; erosion control measures; marsh management; (4) If a male correctional facility employee conducts a pat-down search or body cavity search diversions; saltwater intrusion prevention; wetlands and central wetlands conservation, or enters a prohibited area in an emergency situation as provided in Paragraphs (1) and (3) of enhancement, and restoration; barrier island and shoreline stabilization and preservation; this Subsection, the custodian or a correctional facility employee shall document the incident, coastal passes stabilization and restoration; mitigation; storm surge reduction; or beneficial including the circumstances necessitating the male correctional facility employee’s actions, no use projects. later than three days after the incident. The custodian shall review and retain all documentation. (9) “Master plan” or “comprehensive master coastal protection plan” means the long‑term D. The Department of Public Safety and Corrections shall promulgate rules and regulations comprehensive integrated coastal protection plan combining coastal restoration, coastal zone in accordance with the Administrative Procedure Act to effectuate the provisions of this Section. management, storm damage reduction, hurricane protection, flood control, and the protection, Section 2. This Act shall be known as the “Dignity for Incarcerated Women Act”. conservation, restoration, and enhancement of coastal wetlands, marshes, cheniers, ridges, Approved by the Governor, May 20, 2018. coastal forests, and barrier shorelines or reefs, including amendments, as determined by the A true copy: Coastal Protection and Restoration Authority Board to the plan. It shall include but not be R. Kyle Ardoin limited to state and political subdivision operations plans. Secretary of State E. The political subdivision shall not consider any unsolicited proposals for an outcome‑based performance contract. However, nothing in this Subsection shall prohibit a private company from bringing to a political subdivision suggestions for new projects or alterations to solicited ACT No. 393 proposals. Any award of a contract shall be made only after issuance of a request for proposal - - - and competitive bid process as required by the provisions of this Section. HOUSE BILL NO. 573 F. The political subdivision may develop and adopt any guidelines, rules, or regulations BY REPRESENTATIVE ZERINGUE necessary to effectuate the provisions of this Section. AN ACT G. Any financing of integrated coastal protection projects pursuant to this Section may be To enact Part XI of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, to in such amounts and upon such terms and conditions as may be agreed upon by the owner and be comprised of R.S. 38:2320.1, relative to contracting for integrated coastal protection the outcome‑based performance contractor. Additionally, the political subdivision may utilize projects; to authorize political subdivisions to use outcome-based performance contracts for any and all funding resources available to it. integrated coastal protection projects; and to provide for related matters. H. If necessary and upon request from the outcome‑based performance contractor, the Be it enacted by the Legislature of Louisiana: political subdivision may exercise any statutorily created power for the purpose of acquiring Section 1. Part XI of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, to lands or estates or interests in such, including but not limited to easements and access be comprised of R.S. 38:2320.1, is hereby enacted to read as follows: agreements, to the extent that the political subdivision finds that such action serves the public PART XI. OUTCOME-BASED PERFORMANCE CONTRACTS purpose of this Section. FOR INTEGRATED COASTAL PROTECTION I. An outcome‑based performance contractor shall employ, or have as a partner, member, PROJECTS BY POLITICAL SUBDIVISIONS coventurer, or subcontractor, persons or a firm with persons who are duly licensed and §2320.1. Outcome-based performance contracts registered to provide the services required to complete the project and to do business 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 167 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. state. The standard professional engineer and land surveyor requirements provided for in M. The political subdivision shall cancel any solicitation and decline to award any contract R.S. 37:681 et seq., and the rules and regulations of the Louisiana Professional Engineering if a determination is made that it is in the best interest of the state and the political subdivision. and Land Surveying Board, shall apply to the components providing design services, and the N. There shall be no challenge by any legal process to the choice of the successful standard contractor qualifications as provided for in R.S. 37:2150 et seq., and the current rules outcome‑based performance contractor except for fraud, bias for pecuniary or personal and regulations of the State Licensing Board for Contractors shall apply to the component reasons not related to the taxpayers’ interest, or arbitrary and capricious selection by the providing construction services utilized by the outcome-based performance contractor, based political subdivision. upon the applicable categories for the specific project to be delivered and as specified by the O. The provisions of this Section shall supersede and control to the extent of any conflict political subdivision. All registrations and licenses for each component shall be obtained prior with any other provisions of any law including but not limited to the requirements of R.S. to the award of the project to the selected outcome‑based performance contractor. 38:2181 through 2320 and R.S. 39:1751 through 1755. J.(1) The political subdivision shall solicit a request for statement of interest and qualifications Section 2. This Act shall become effective upon signature by the governor, or if not signed or “RSIQ”. by the governor, upon expiration of the time for bills to become law without signature by the (2) The RSIQ shall include the following: governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If vetoed by (a) Submittal criteria, deadlines, and requirements for proposal package. the governor and subsequently approved by the legislature, this Act shall become effective on (b) Scoring methodology and selection grading criteria. the day following such approval. (c) Statements of qualification and experience for key proposed management and staffing. Approved by the Governor, May 20, 2018. (d) Statements of qualification and experience of the financing members of the team. A true copy: (e) Statements of qualification and experience of design component members for the areas R. Kyle Ardoin of expertise specific to the project. Secretary of State (f) Statements of qualification, experience, and resources of the construction team component. ACT No. 394 (g) A statement of the proposer’s ability and intention to provide equal opportunities in - - - recruitment, selection, appointment, promotion, training, and related employment areas in HOUSE BILL NO. 723 connection with the outcome-based performance contract. (Substitute for House Bill No. 123 by Representative Garofalo) (3) The political subdivision may request that proposers include the following in response to BY REPRESENTATIVE GAROFALO the RSIQ, as well as any other pertinent information relative to the qualifications of a proposer AN ACT that the political subdivision determines needs to be submitted in a response to an RSIQ: To amend and reenact R.S. 44:35(D), relative to public records; to provide relative to suits (a) The proposer’s surety and any other financial assurances. brought pursuant to the provisions of the Public Records Law; to provide for the award of (b) Construction methodologies previously used by the proposer on other projects of similar attorneys fees in such a suit to a person who has made a public records request under certain size, type, and complexity. circumstances; and to provide for related matters. (c) Extent to which the proposer intends to utilize resident businesses to perform the contract. Be it enacted by the Legislature of Louisiana: (d) Extent to which the proposer intends to self‑perform any work. Section 1. R.S. 44:35(D) is hereby amended and reenacted to read as follows: (e) Past performance of the proposer, including timely and successful completion of other §35. Enforcement projects of similar size and complexity. * * * (f) The proposer’s safety record and safety plan. D.(1) If a person seeking the right to inspect, copy, or reproduce a record or to receive or (g) Any other project‑specific criteria as may apply to project needs. obtain a copy or reproduction of a public record prevails in such suit, he shall be awarded (4) Any response that does not meet all of the requirements contained in the RSIQ shall reasonable attorney fees and other costs of litigation. If such person prevails in part, the court be deemed nonresponsive and shall not be considered by the political subdivision. False or may in its discretion award him reasonable attorney fees or an appropriate portion thereof. misrepresented information furnished in response to an RSIQ shall be grounds for rejection. (2) If a public body or official brings a suit against a person based on the person’s request to Additionally, the political subdivision reserves the right to cancel any solicitation at its inspect, copy, or reproduce a record or to receive or obtain a copy or reproduction of a public discretion. record and the person prevails in the suit, the person shall be awarded reasonable attorney (5)(a) The political subdivision may establish a qualification review committee for evaluation fees and other costs of litigation. If the person prevails in part, the court may in its discretion of the responses to the RSIQ. The qualification review committee shall evaluate the responses award the person reasonable attorney fees or an appropriate portion thereof. in accordance with the scoring methodology and criteria as identified and set forth in the * * * RSIQ, and evaluate all aspects of the proposed project, including finance, design, construction, Approved by the Governor, May 20, 2018. and monitoring components of any proposer. A true copy: (b) Within sixty days of the deadline for receipt of responses, the qualification review R. Kyle Ardoin committee shall select a short list of the highest-rated proposers in a number to be determined Secretary of State by the qualification review committee. However, if fewer than three eligible responses are received for review by the qualifications review committee, then the political subdivision ACT No. 395 may either approve proceeding with the outcome‑based performance contracting process or - - - readvertising in accordance with this Section. HOUSE BILL NO. 317 (c) The qualification review committee shall present a list of the highest- rated proposers BY REPRESENTATIVE ROBBY CARTER to the political subdivision. The highest-rated proposers shall be invited by the political AN ACT subdivision to submit a detailed technical and cost proposal for the proposed outcome‑based To amend and reenact R.S. 33:383(A)(1) and to enact R.S. 33:383(A)(3), relative to municipal performance project by means of an issued request for proposal or “RFP”. elections in certain Lawrason Act municipalities; to require use of the gubernatorial election K.(1) The political subdivision shall issue an RFP to the proposers making the list of the date for such elections by certain municipalities; and to provide for related matters. highest-rated proposers in accordance with Subsection J of this Section. Be it enacted by the Legislature of Louisiana: (2) The RFP shall include, at a minimum, the following: Section 1. R.S. 33:383(A)(1) is hereby amended and reenacted and R.S. 33:383(A)(3) is (a) Submittal criteria, deadlines, and requirements for proposal package. hereby enacted to read as follows: (b) Scoring methodology and selection grading criteria. §383. Municipal elections; term of office; filling vacancies; officers holding over under new (c) The proposer’s surety and financial assurances. form of government (d) Design strategy and preliminary design concepts. A.(1) Except as otherwise provided in Paragraph (2) of by this Subsection and R.S. 33:383.2, (e) Construction sequencing, techniques, materials, methodology, schedule and phasing. municipal elections shall be held every four years on the date for municipal and ward elections (f) Proposed pricing and payment schedule for delivery of project. in accordance with R.S. 18:402(C). The officers elected shall take office on the first day of July (3) The RFP may also include any other requirements that the political subdivision deems following their election and shall hold their office for four years. necessary. * * * (4) The political subdivision may, at its discretion, compensate those unsuccessful and (3)(a) Any municipality having a population between one thousand two hundred and responsive highest-rated proposers for the expense of preparing the response to the RFP. The two thousand persons within a parish having a population between one hundred eighteen amount of compensation, if any, shall be predetermined by the political subdivision in its sole thousand and one hundred twenty-five thousand persons based on the latest federal decennial discretion and shall be included in the RFP. census and any municipality having a population of between six thousand two hundred and (5)(a) The political subdivision may establish a proposal review committee to review, score, six thousand six hundred persons within a parish having a population between one hundred and recommend award to an outcome‑based performance contractor. The proposal review eighteen thousand and one hundred twenty-five thousand based on the latest federal decennial committee may consist of representatives of the owner, one of whom shall also serve as the census shall hold municipal elections at the gubernatorial elections in accordance with R.S. chairman of the committee; a design professional with appropriate expertise; and a licensed 18:402(A). contractor with appropriate expertise. (b) The officers elected shall take office on the first day of July following their election and (b) Within ninety days after the deadline for responses to the RFP, the proposal review shall hold their office for four years. committee shall make a written recommendation for award to the political subdivision. The * * * results of the proposal review committee, inclusive of its findings, grading, score sheets, and Section 2. This Act shall become effective upon signature by the governor or, if not signed recommendations, shall be available for review by all proposers and shall be deemed public by the governor, upon expiration of the time for bills to become law without signature by the records. governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by L. Within sixty days of the award of the outcome‑based performance contract, the political the governor and subsequently approved by the legislature, this Act shall become effective on subdivision and the selected outcome‑based performance contractor shall execute a contract. the day following such approval. If the political subdivision and the outcome‑based performance contractor are not able to Approved by the Governor, May 22, 2018. agree upon a contract, then the political subdivision reserves the right to readvertise the project A true copy: in accordance with this Section or any other contracting method available to the political R. Kyle Ardoin subdivision. 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 168 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 396 Jefferson Hospital District #1 - - - LaSalle HOUSE BILL NO. 743 Sewer Maintenance BY REPRESENTATIVE HENRY Recreation District #5 AN ACT Livingston To provide with respect to the Revenue Sharing Fund and the allocation and distribution Road Light District #2 thereof for Fiscal Year 2018-2019; and to provide for related matters. Fire Protection District #1 Be it enacted by the Legislature of Louisiana: Fire Protection District #4 Section 1. For the purposes of this Act the following definitions shall apply and obtain: Recreation District #3 (a)(1) Unless otherwise provided herein, “tax recipient bodies” shall mean the city of New Morehouse Orleans, parish governing authorities, school boards, special taxing districts, and other bodies Bastrop Area Fire District #2 which were eligible for reimbursement or payment from the Property Tax Relief Fund prior Fire District #1‑‑Ward 6 to its abolition and repeal by Act 10 of the 1972 Extraordinary Session of the Louisiana Fire District #1‑‑Ward 10 Legislature and any other taxing district listed in Sections 1(a)(3) and 1(a)(4) or any other Pointe Coupee taxing district for any millage specified in Section 9(B) of this Act. In the parish of Rapides, Sewerage District #1 “tax recipient bodies” shall not include Red River Waterways. In the parish of Lafourche, “tax Rapides recipient bodies” shall not include the Atchafalaya Basin Levee District, the Lafourche Levee Waterworks #11A‑‑Maintenance District, and Fresh Water District No. 1. Recreational‑‑Maintenance (2) “Tax recipient bodies” shall not include the millage levied by the various law enforcement St. James districts in the state in lieu of commissions as a result of Act 689 of the 1976 Regular Session of Road Light District #1A the Louisiana Legislature; however, law enforcement districts shall be considered tax recipient Road Light District #2 bodies for any millage voted and levied for that purpose to the extent specifically provided in Road Light District #4 Section 9(B) of this Act. St. Landry (3) “Tax recipient bodies” shall also mean those special taxing districts and other bodies Fire Protection District #3 which were not eligible for reimbursement as provided in Section 1(a)(1) but which had St. Martin erroneously shared as a tax recipient body in the proceeds of Act 598 of the 1977 Regular Sewerage District Session and were subsequently determined by the state treasurer to be ineligible for such St. Mary participation under the provisions of Act 592 of the 1978 Regular Session. The exclusive West St. Mary Parish Port Commission listing of all such special taxing districts and other bodies is as follows: St. Tammany Acadia Fire District #4 Mermentau River Harbor & Terminal Fire District #5 Allen Fire District #7 Elizabeth Recreation District #3 Fire District #9 Kinder Recreation District #2‑‑Maintenance Fire District #10 Hospital Service District #3‑‑Maintenance Recreation District #2 Ascension Tangipahoa Lighting District #6 Hospital District #1‑‑Maintenance Lighting District #7 Union Avoyelles Hospital Service‑‑Tri‑Ward Red River Waterway District‑‑Capital Outlay Hospital Service‑‑East Union Red River Waterway District‑‑Operations Vermilion Beauregard Ward 8 Public Cemetery Waterworks District #3‑‑Ward 4 (4) “Tax recipient bodies” shall also mean the following special taxing districts and other Waterworks District #3‑‑Ward Bienville bodies which were not eligible for reimbursement as provided in Section 1(a)(1) and which had Fire Protection District #6 never shared, except in the parishes of Bossier, East Baton Rouge, Ouachita and Terrebonne, Hospital Service District #2 as a tax recipient body in the proceeds of state revenue sharing. The exclusive listing of all such Caldwell special taxing districts and other bodies is as follows: Columbia Heights Sewerage Assumption Cameron Road Lighting District #2 Cameron Water District #1‑‑Maintenance Bossier Water District #7‑‑Maintenance Cypress Back Bayou Recreation Tax‑‑Bonds/Maintenance Grand Lake Recreation District‑‑Maintenance East Baton Rouge Water District #10‑‑Maintenance Village St. George Fire District Fire District #10‑‑Maintenance Ouachita Catahoula Cooley Hospital Tax Hospital District #2 Sterlington Sewerage District Claiborne Fire District No. 1‑‑Maintenance Hospital District #1 North Monroe Sewerage District No. 1‑‑Maintenance Concordia Road Light District No. 5 Recreation District #3‑‑Maintenance Road Light District #1 Fire Protection District #1 Road Light District #3 Evangeline Road Light District #4 Cemetery Tax District‑‑Ward 4 East Ouachita Recreational District Cemetery Tax District #1 Terrebonne Cemetery Tax District #6 Road Lighting District No. 4 Water District #1‑‑Maintenance Road Lighting District No. 5‑‑Maintenance Evangeline Parish School Board Road Lighting District No. 6 Consolidated School District No. 2 Road Lighting District No. 8‑‑Maintenance Evangeline Parish School Board Road Lighting District No. 9‑‑Maintenance Consolidated School District No. 7 Road Lighting District No. 10‑‑Maintenance Grant Fire Protection District No. 4‑A‑‑Maintenance Hospital District #1 Fire Protection District No. 5‑‑Maintenance Recreational District #2 Fire Protection No. 8‑‑Maintenance Jefferson Fire Protection District No. 10‑‑Maintenance Ambulance Service #1 Sanitation District No. 1‑‑Maintenance Community Center Playground District #1 Recreation District No. 1‑‑Maintenance Community Center Playground District #10 Recreation District No. 4‑‑Maintenance Community Center Playground District #11 Road Lighting District No. 1‑‑Maintenance Community Center Playground District #12 Road Lighting District No. 2‑‑Maintenance Community Center Playground District #13 Road Lighting District No. 3A Community Center Playground District #14 Fire Protection District No. 123‑‑Maintenance Community Center Playground District #15 Fire Protection District No. 9‑‑Maintenance Fire Protection District #5 Road Lighting District No. 7‑‑Maintenance Fire Protection District #6 St. Tammany Sewerage District #8 Mosquito District No. 2(A)‑‑10 mills Sewerage District #9 Mosquito District No. 2(B)‑‑10 mills THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 169 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. (5)(a) In addition to the limitations herein above set forth, “tax recipient bodies” for purposes Avoyelles 1.263% .811% of this Act shall be tax recipient bodies within the meaning of Article VII, Section 26 of the Beauregard .842% .583% Constitution of Louisiana, limited solely to those taxes authorized prior to January 1, 1978, Bienville .596% .405% and any renewals thereof, or any millage authorized prior to January 1, 1978, but not levied in Bossier 1.705% 2.281% full or part on the tax rolls. In Orleans Parish this limitation shall apply solely to those taxes Caddo 5.490% 10.375% authorized and collected prior to January 1, 1978. Calcasieu 4.719% 6.051% (b) “Population” shall mean that enumeration of persons within the state, its parishes, and Caldwell .473% .319% incorporated municipalities determined by the Louisiana State University and Agricultural Cameron .498% .400% and Mechanical College Agriculture Center, Department of Agricultural Economics and Catahoula .468% .303% Agribusiness, under the most recent federal-state cooperative program for local population Claiborne .543% .326% estimates. Such determination shall be submitted to the state treasurer annually not later than Concordia .730% .486% January fifteenth of each calendar year. Any tax recipient body or incorporated municipality DeSoto .547% .349% which is aggrieved by such determination may file a petition for administrative review with the East Baton Rouge 7.118% 11.977% state treasurer not later than March fifteenth of each calendar year hereafter. The estimates East Carroll .443% .331% so submitted shall have no effect on the distribution for the fiscal year in which they are made East Feliciana .489% .238% but shall be utilized for purposes of this Act and for distribution during the ensuing fiscal Evangeline .730% .525% year. The treasurer shall have authority to affirm, modify, or set aside in whole or in part, the Franklin .731% .757% determination of the Louisiana State University and Agricultural and Mechanical College Grant .614% .357% Agriculture Center, Department of Agricultural Economics and Agribusiness. Iberia 2.221% 1.847% (c) “Homesteads” shall mean that enumeration of homestead exemption claims filed with Iberville 1.391% .810% the assessors as determined by the Louisiana Tax Commission as of November fifteenth of Jackson .653% .495% the current calendar year from the original tax rolls submitted to the commission prior to any Jefferson 13.312% 13.856% adjustments thereto. Jefferson Davis .693% .766% (d) “Public school population” shall mean the enumeration of enrollments contained in the Lafayette 3.081% 2.843% Department of Education Annual Report for the preceding school year. Lafourche 1.928% 1.958% (e) “City of New Orleans”, unless otherwise indicated herein, shall mean only the city LaSalle .548% .349% of New Orleans, the Orleans Levee District or its successor, the Sewerage and Water Board Lincoln .727% .922% of New Orleans, the assessor for Orleans Parish, and the Orleans Parish School Board and Livingston 1.679% 1.322% reference in this Act to tax recipient bodies in the city of New Orleans shall refer only to the Madison .443% .401% aforesaid entities. Morehouse 1.001% .907% Section 2. The revenue sharing fund for the Fiscal Year 2018-2019 shall consist of the sum Natchitoches 1.072% .775% of Ninety Million and No/100 ($90,000,000.00) Dollars. Ouachita 2.736% 3.200% Section 3. The amount to be distributed annually to each parish from the revenue sharing Plaquemines 1.436% 1.241% fund shall be the sum of (a) an amount equal to that percentage of eighty percent of the total Pointe Coupee .641% .422% fund which is equal to the ratio which the population of the parish bears to the total state Rapides 3.250% 3.751% population, and (b) an amount equal to that percentage of twenty percent of the total fund Red River .421% .147% which is equal to the ratio which the number of homesteads in the parish bears to the total Richland .655% .683% number of homesteads in the state. As used in this Section, the term “homesteads” shall Sabine .685% .517% mean that enumeration of adjusted homestead exemption claims filed with the assessors as St. Bernard 3.467% 3.005% determined by the Louisiana Tax Commission as of March thirty‑first of the current calendar St. Charles 1.060% .959% year. St. Helena .446% .291% Section 4. Except as provided in Section 5, the state treasurer shall distribute the funds St. James .928% .759% herein allocated to the tax collectors of the respective parishes and to the city of New Orleans. St. John the Baptist 1.184% .704% Section 5. That portion of the fund for the parish of Ouachita allocated to the Monroe City St. Landry 2.740% 2.013% School Board shall be an amount which will reimburse said board, to the extent available and St. Martin 1.121% .626% subject to the provisions of Section 9(C) of this Act, for the taxes lost as a result of homestead St. Mary 1.895% 1.826% exemptions based on the tax rolls for the current calendar year and shall be distributed directly St. Tammany 2.752% 2.396% to the city treasurer of the city of Monroe, who shall pay therefrom the statutorily dedicated Tangipahoa 2.773% 1.863% deductions for retirement systems. For the purpose of distribution of the balance of the Tensas .343% .266% revenue sharing funds the state treasurer may use the amount listed on the prior year Ouachita Terrebonne 2.233% 2.175% Parish tax rolls which were due the Monroe City School Board. Union .590% .409% Section 6. Eleven and nine‑tenths percent of all revenue sharing funds distributed by the Vermilion 1.220% 1.004% provisions of this Act, excluding such funds as are distributed directly to the city of New Vernon 1.627% 1.112% Orleans and the amount listed on the prior year Ouachita Parish tax rolls which were due Washington 1.349% .922% the Monroe City School Board ($1,226,872), shall form a special fund ($9,719,218) to be Webster 1.068% 1.131% distributed as commissions to the tax collectors of the respective parishes, the city of New West Baton Rouge .747% .516% Orleans excepted. Each such tax collector shall receive a percentage of such fund, based on West Carroll .464% .466% commissions received by him pursuant to Act 153 of the 1973 Regular Session, as provided in West Feliciana .404% .188% Section 8 of this Act. Winn .633% .377% Section 7.A. Two and forty‑four hundredths percent of all revenue sharing funds distributed Section 9. All remaining funds shall be allocated and distributed as follows: by the provisions of this Act, excluding such funds as are distributed directly to the city of New A. Subject to the provisions of Subsection B of this Section and except as provided by Orleans and the amount listed on the prior year Ouachita tax rolls which were due the Monroe Section 5, the tax collector of each parish and the city of New Orleans shall allocate and City School Board ($1,226,872), shall form a special fund ($1,992,848) to be distributed to distribute, within fifteen days after receipt thereof, to the tax recipient bodies within his the various retirement systems which were eligible for payment pursuant to Act 153 of the jurisdiction an amount available after commissions and deductions which is necessary to offset 1973 Regular Session, as provided in Section 8 of this Act for distribution to such retirement losses attributable to homestead exemptions. In any parish which had excess funds in 1977, systems, and shall make due payment thereof to each retirement system in the same proportion the amount available for the reimbursement of homestead exemption losses shall be limited to that the statutory deduction provided by law for the system bears to the total statutory the amount used for that purpose in 1977, adjusted by the percentage by which the number deductions provided by law for all such retirement systems. For the purpose of distributing of homesteads in the parish increased or decreased from 1977 to 2017, together with any these retirement contributions, the state treasurer may use the statutory deductions determined additional taxing bodies or millages authorized to participate on the same pro rata basis under by the Public Retirement Systems Actuarial Committee as per R.S. 11:103 for the previous the provisions of Section 1(a)(3), Section 1(a)(4), and Section 9(B) of this Act. This restriction calendar year. shall not apply to the parish of East Carroll and to parishes in which there were no excess funds B. The city of New Orleans shall make the deductions legally established for retirement in 1977. However, in the city of New Orleans the amount available for the reimbursement of systems which were eligible for payment pursuant to Act 153 of the 1973 Regular Session homestead exemption losses shall be limited to the amount used for that purpose in 1977, and shall make due payment in accordance with the statutory deductions provided by law for except that the amount distributed to the Orleans Levee District or its successor shall be all such retirement systems. Notwithstanding the above provisions the city of New Orleans limited solely to the amount used for the reimbursement of homestead exemption losses in shall remit the following amounts for the indicated retirement systems for Fiscal Year 2018- 1977 on the Orleans Levee District’s two mill tax. The remaining amount shall be adjusted by 2019: Assessors’ Retirement Fund, $168,474; Clerks of Court Retirement and Relief Fund, the percentage by which the number of homesteads in the city of New Orleans increased or $137,015; District Attorneys’ Retirement System, $67,281; Registrars of Voters Employees’ decreased from 1977 to 2017, together with any additional taxing bodies or millages authorized Retirement System, $64,443; Sheriffs’ Pension and Relief Fund, $55,762. to participate on the same pro rata basis under the provisions of Subsection B of this Section. Section 8. The respective percentages to be used in calculating tax collectors’ commissions B. For purposes of this Subsection only, tax recipient bodies shall mean and include any and retirement system distributions shall be as follows: recipient of funds hereunder, but limited solely to such specified disbursements. The millages PARISH SHERIFF RETIREMENT listed are included solely as an identification aid for administrative purposes and the new tax Acadia 1.491% 1.047% approved by the electorate shall be eligible for distribution hereunder, regardless of fluctuations Allen .739% .475% in millage caused by adjustments for reassessment or other purposes. In no event shall any Ascension 1.283% .985% amount be deemed available within the meaning of Article VII, Section 26 of the Constitution Assumption .871% .399% of Louisiana to reimburse losses attributable to homestead exemptions for taxes authorized THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 170 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. after January 1, 1978, and any renewals thereof, with the following basic exceptions: Police Jury‑‑5.0% to be distributed to the district attorney (1) In the parish of Sabine, all millages listed on the tax roll, except the sheriff’s original Lake Charles Harbor and Terminal District‑‑2.8% millage, shall share on a pro rata basis. Assessor‑‑2.3% (2) In the parish of DeSoto, all school board taxes authorized after January 1, 1978 and Vinton Harbor and Terminal District‑‑0.1%. prior to the convening of the 1979 Regular Session, the 7 mill parishwide school tax authorized (10) In the parish of Iberville, the library’s 1996 millage shall be limited to 2.9 mills. May 2, 1987, the 37 mill school special tax authorized October 24, 1987, the assessor’s original (11) In the parish of St. Bernard, the assessor’s millage shall be limited to 1.47 mills. millage, the maintenance taxes for Fire Protection Districts Nos. 1, 5, 8, and 9 prior to 1990, (12) In the parish of Livingston, the library’s 1995 millage shall be limited to 3.48 mills, the 7 mill tax authorized in 1994 for Fire District #2, the additional 8.37 mill tax authorized the assessor’s millage shall be limited to 2.56 mills, and the Juvenile Detention Center’s 1995 on November 7, 1978 for the parish law enforcement district, the 1 mill tax authorized April 5, millage shall be limited to .44 mills, the #2 Fire District’s millage shall be limited to .81 mills, 1997 for Water District #1, the 3 mills tax authorized November 21, 2002 for the parish library, the #8 Fire District’s millage shall be limited to 1.91 mills, and the #9 Fire District’s millage and the 1 mill tax authorized July 16, 1994 for the Communications District 911 System, shall shall be limited to 1.96 mills. share on a pro rata basis with all other tax recipient bodies in the parish. The parish road (13) In the parish of Assumption, the total parish allocation, excluding the tax collector’s maintenance tax which lapsed in 1983 and which was reauthorized at 5 mills in 1984 shall share commission and the retirement systems’ deductions, shall form a special fund to be distributed on a pro rata basis with all other tax recipient bodies in the parish. as follows: (3) In the parish of Bossier, after full reimbursement of all taxes authorized prior to May 1, Law Enforcement District - 30.77% 1978 to all other tax recipient bodies in the parish including the additional 3 mills authorized on Police Jury - 30.25% April 5, 1980 for the law enforcement district and the assessor’s original millage, the following School Board - 28.72% new millages shall be reimbursed to the extent available: Assessment District - 10.26% School Board District 13‑‑11.63 mills/September 16, 1978 (14) The following new millages shall share on a pro rata basis with all other tax recipient School Board District 3‑‑15.1 mills/September 16, 1978 bodies in their respective parishes: (4) In the parish of Grant, all new millages authorized prior to January 1, 1989, the 10.9 mill Acadia tax authorized January 16, 1999 for the library, the millage authorized October 7, 1989 for Fire Bayou des Cannes-Nepique Gravity Drainage District--10 mills/1996 District No. 1, the 15 mill tax authorized in 1995 for Fire District #3, the additional mills for 5th Ward Gravity Drainage District‑‑5 mills/April, 1980 the law enforcement district and the assessor’s original millage, but excluding bond millages, Iota‑Long Point Gravity Drainage‑‑0.40 mills/October 27, 1979 shall share on a pro rata basis with all other tax recipient bodies in the parish. Bayou Mallett Gravity Drainage‑‑0.73 mills/April 5, 1980 (5) In the parish of Webster, after full reimbursement of all taxes authorized prior to January 6th Ward and Crowley Dist. Maint.‑‑1.29 mills/Dec. 8, 1979 1, 1978 to all other tax recipient bodies in the parish and the assessor’s original millage, the Basile School District #7 Maintenance‑‑3.32 mills/May 19, 1979 following new millages shall be reimbursed to the extent available: Acadia‑St. Landry Hospital District‑‑7 mills/November 2, 1982 Doyline School District No. 7‑‑33.32 mills/August 1, 1979 Bayou Plaquemine‑Wikoff Drainage‑‑5 mills/Jan. 21, 1984 Consolidated School District No. 3‑‑10.51 mills/June 1, 1978 Library‑‑4.25 mills/Jan. 19, 1985 Minden School District No. 6‑‑32.9 mills/May 1, 1980 Road Maintenance‑‑3 mills/Nov. 28, 1981 Parish Library–12 mills/November 2004 Health Unit Mt.‑‑1.06 mills/Nov. 28, 1981 (6) In the parish of Vernon, all taxes authorized after January 1, 1978, including the Fire District #4 Maintenance – 8 mills/January 16, 1999 additional 7 mills authorized on April 4, 1981 for the law enforcement district, but excluding Assessor’s original millage the sheriff’s original millage, shall share on a pro rata basis with all other tax recipient bodies Fire District #6 Maintenance–8.01 mills/June 15, 2000 in the parish. Allen (7) In the parish of East Baton Rouge, the B.R.E.C. Maintenance and Operation and Law Enforcement District (Additional)‑‑6.47 mills/April 11, 1992 Capital Improvement millages shall be limited to a total of 5.44 mills. Assessor‑‑5.23 mills/1990 (8) In the parish of Lafourche, the total parish allocation, excluding the tax collector’s Road Dist. #1--4.86 mills/1992 commission and the retirement systems’ deductions shall form a special fund to be distributed Road Dist. #1--20.69 mills/1995 as follows: Road Dist. #1A--8 mills/1995 Parish Council ‑57.40% Road District No. 2 Maintenance‑‑7 mills/October 6, 1990 School Board ‑ 27.25% Road District No. 2 Maintenance‑‑10 mills/July 18, 1992 South Lafourche Levee District ‑ 2.95% Road District No. 2 Bridge Maint.‑‑5 mills/July 18, 1992 Port Commission ‑ 2.06% Road District No. 3 Maintenance‑‑8.18 mills/March 10, 1992 Assessor ‑ 3.32% Road District No. 3 Maintenance‑‑10 mills/January 20, 1990 Bayou Lafourche Fresh Water District - 2.82% Road Dist. #3--30 mills/1995 North Lafourche Levee District - 4.20% Road Dist. #4--21.12 mills/1995 Provided, however, that of the funds distributed to the Bayou Lafourche Fresh Water Road District No. 4 Maintenance‑‑30 mills/March 10, 1992 District in any state fiscal year, no less than Ten Thousand ($10,000) Dollars shall be used for Library -- 10.76 mills/October 2002 the abatement of water hyacinth and other noxious vegetation within the jurisdiction of the Courthouse and Jail--4 mills/November 6, 2012 district in Lafourche Parish. Road District 5--5.30 mills/November 6, 2012 (a) Of the amount distributed to the parish the following allocations shall be made: Ascension Bayou Blue Fire District - 0.42% Law Enforcement District (Additional)‑‑5 mills/Nov. 4, 1980 Drainage District No. 1 ‑ 0.90% Library Maintenance‑‑4.2 mills/November 6, 1990 Drainage District No. 5 ‑ 0.65% Library -- 2.6 mills/2000 Fire District No. 1 ‑ 0.57% East Asc. Gravity Drainage Dist.‑‑5 mills/January 20, 1979 Fire District No. 2 ‑ 0.59% West Asc. Gravity Drainage Dist.‑‑5 mills/November 4, 1980 Fire District No. 3 ‑ 1.30% West Ascension Gravity Drainage Dist.-- 4.67 mills/2000 Fire District No. 9 ‑ 0.42% Mental Health -- 2 mills/2000 Lafourche Ambulance District No. 1 ‑ .61% Road Lighting District No. 1‑‑5 mills/ January 16, 1993 Recreation District No. 2 ‑ 2.81% Road Lighting District No. 2‑‑5 mills/ January 16, 1993 Water District No. 1 ‑ 3.02% Road Lighting District No. 3‑‑5 mills/ January 16, 1993 Health Unit ‑ 3.04% Road Lighting District No. 4‑‑5 mills/ January 16, 1993 Recreation Commission ‑ 5.05% Road Lighting District No. 5‑‑5 mills/ January 16, 1993 Recreation District No. 1 ‑ 0.96% Road Lighting District No. 6‑‑5 mills/ January 16, 1993 Recreation District No. 8 ‑ 0.61% Road Lighting District No. 7‑‑5 mills/ September 27, 1986 Drainage ‑ 10.14% Prairieville Fire District #3‑‑11 mills/ July 16, 2005 Road Lighting ‑ 4.24% Prairieville Fire District #3--10 mills/April 2, 2011 Public Buildings ‑ 6.19% Assessor’s original millage Library - 6.24% Avoyelles Criminal ‑ 0.24% All millages listed on the tax roll, except the sheriff’s original millage, shall share on a pro Road District #1 ‑ 5.46% rata basis Drainage 1 of 12 ‑ 0.20% Beauregard Drainage 2 of 12 ‑ 0.11% Law Enforcement District‑‑5 mills/April 5, 1980 Drainage 3 of 12 ‑ 0.14% Assessor’s original millage Juvenile Justice ‑ 1.47% Bienville (b) The amount distributed to the school board shall be allocated as follows: Solid Waste‑‑6 mills/April 7, 1984 Schools ‑ 24.31% Assessor’s 1997 millage Special Education ‑ 2.94% Caddo (9) In the parish of Calcasieu, the total parish allocation, excluding the tax collector’s Fire Protection District No. 1‑‑5 mills/July 16, 1983 commission and the retirement systems’ deductions, shall form a special fund to be distributed Juvenile Court‑‑0.12 mills/January 16, 1982 as follows: Jail Facilities‑‑4.00 mills/April 5, 1980 Police Jury‑‑48.5% Courthouse Maintenance‑‑3.00 mills/January 16, 1982 School Board‑‑29.4% Law Enforcement District (Cont. Ser.)‑‑4.00 mills/April 30, 1983 Sheriff‑‑11.9% Library‑‑4.90 mills/April, 1988 THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 171 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Library--5.26 mills/April 1996 Vidrine Gravity Drainage District No. 7 Fire Dist. No. 2‑‑10 mills/April 7, 1984 Assessor’s original millage Fire Dist. No. 3‑‑10 mills/Sept. 29, 1984 Lone Pine Fire District–20 mills/November 21, 2012 Fire Dist. No. 4‑‑10 mills/Nov. 6, 1984 Franklin Fire Dist. No. 5‑‑10 mills/Nov. 6, 1984 Law Enforcement District‑‑10 mills/July 10, 1982 Fire Dist. No. 6‑‑10 mills/Jan. 19, 1985 Assessor’s original millage Fire Dist. No. 7‑‑10 mills Library‑‑7 mills/1990 Fire Dist. No. 8‑‑4 mills/1999 Health Unit--3.0 mills/November 6, 1990 Fire Dist. No. 9‑‑10 mills, Nov. 18, 1989 Parish Equipment--8.0 mills/October 16, 1993 Fire Dist. No. 1‑‑10 mills/1989 Drainage Maintenance--11 mills/October 16, 1993 School Board Operations‑‑11 mills/May 4, 1985 Courthouse Maintenance--4 mills/October 16, 1993 Public Works‑‑6 mills/November 4, 1986 Iberia Public Facilities‑‑0.92 mills Recreation District No. 8--1.85 mills/November 13, 1993 Jail‑‑2 mills Assessment District Assessor’s original millage Iberville Parish Health Unit‑‑1 mill/1990 Law Enforcement District (Additional)‑‑5 mills/December 8, 1979 Caddo Detention Center‑‑3 mills/1990 Assessor’s original millage Law Enforcement District‑‑3 mills/November 6, 1990 Jackson Law Enforcement District--3.0 mills/October 16, 1993 Additional Support to Public Sch.‑‑7.07 mills/July 28, 1979 BioMedical--2 mills/1993 Law Enforcement District‑‑8 mills/May 16, 1981 Criminal Justice System--1.82 mills/October 20, 2001 Library‑‑All millages Caldwell Assessment district Assessor’s original millage Jefferson Recreation Maintenance--November 1995 West Jefferson Levee District‑‑All millages Road Maintenance--May 1990 Consolidated Waterworks District No. 1--3.54 mills/October 19, 2013 Cameron Consolidated Sewerage District No. 1--3.58 mills/October 19, 2013 Law Enforcement District (Add.)‑‑8 mills/April 7, 1990 Lafayette Assessor’s original millage Lafayette Parish Public Library‑‑1.09 mills/May, 1979 Catahoula School Board‑‑10 mills/May 4, 1985 All millages listed on the tax roll, except the sheriff’s original millage, shall share on a pro Lafayette Parish Sheriff‑‑5.0 mills/May, 1980 rata basis Assessor’s original millage Claiborne Bayou Vermilion District‑‑All maintenance taxes prior to 1990 Assessment District LaSalle School District #13‑‑12 mills/November 2, 1982 Law Enforcement District (Additional)‑‑8.2 mills Law Enforcement District‑‑6.25 mills/July 21, 1990 Library‑-November 1995 School Board Maintenance‑‑2 mills/April 5, 1986 Road District 2B‑‑3.09 mills/April 16, 1988 School Board Operations‑‑5 mills/April 5, 1986 Road District 2BN‑‑1.03 mills/April 16, 1988 Police Jury Building‑‑2 mills/March 30, 1985 Ambulance Tax‑‑0.65 mills Road, Street & Bridge Maintenance--1993 Road and Bridge‑‑0.66 mills Road Equipment--1993 Health Unit‑‑0.23 mills Concordia Fair Tax‑‑0.09 mills School Operation & Maintenance‑‑23.25 mills/September, 1982 Special B & C 1A‑‑0.19 mills Library‑‑All millages Sewer Maintenance‑‑6.04 mills Assessor’s original millage Fire District‑‑5.32 mills Law Enforcement District‑‑12 mills/April 11, 1992 Little Creek-Searcy Volunteer Fire District -- 20 mills Highway, Drainage and Courthouse Maintenance--10 mills/October 16, 1993 Summerville-Rosefield Volunteer Fire District -- 20 mills East Baton Rouge Eden-Fellowship Volunteer Fire District -- 9.79 mills Fire Protection #6 (Hooper Rd.)‑‑10 mills/November 6, 1984 Whitehall Volunteer Fire District -- Operations -- 10 mills Fire Protection #3 (Brownsfield)‑‑10 mills/November 6, 1984 Whitehall Volunteer Fire District -- Maintenance -- 10 mills Fire Protection #4 (Central)– 10 mills/October 8, 1985 Recreation District #22‑‑1.05 mills Zachary Constitutional School -- 5 mills/November 15, 2003 Assessor’s original millage Baker Constitutional School -- 5 mills/November 15, 2003 Lincoln East Carroll Library Const./Mt.‑‑0.75 Mills/January 21, 1978 Garbage District No. 1‑‑7 mills/November 4, 1980 Law Enforcement District (Additional)‑‑8.5 mills/July 22,1992 Parish Library‑‑6.5 mills/May 22, 1989 School‑Special Maint. & Oper.‑‑0.15 mills/May 18, 1979 Parish Health Unit‑‑3 mills School‑Special Repair & Equip.‑‑0.15 mills/May 18, 1979 Rural Fire District Maintenance‑‑2 mills Library‑‑0.71 mills/January 15, 1983 Courthouse Maintenance‑‑2 mills Assessor’s original millage Road Maintenance and Construction‑‑0.75 mills/March 26, 1983 Livingston Drainage Maintenance and Construct.‑‑0.75 mills/March 26, 1983 Law Enforcement District (Special)‑‑12.19 mills/1976 East Carroll Hospital Service Dist.‑‑5 mills/May 5, 1984 Recreation District #3‑‑2 mills/May 19, 1979 Assessor’s original millage School District No. 5‑‑5 mills/November 2, 1982 East Feliciana Fire District No. 1--10.04 mills/1986 Assessment District, 1997 Fire District No. 5‑‑10 mills/Nov. 6, 1984 Evangeline Fire District No. 7 -- 5 Mills/1999 Consolidated School Dist. #2‑‑9.47 mills/May 19, 1979 Fire District No. 10--10.33 mills/1985 Basile New School Dist. #7‑‑3.32 mills/May 19, 1979 Fire District No. 11‑‑All millages Elderly Services‑‑1 mill/Nov. 4, 1980 Roads & Bridges‑‑5 mills/November 3, 1992 Ward 5 Fire Protection District‑‑11.17 mills Madison Pine Prairie Fire Protection District‑‑8.95 mills/Nov. 3, 1992 Assessor’s original millage Acadia‑Evangeline Fire Protection District‑‑0.97 mills Morehouse Mamou Fire Protection District No. 1--8.0 mills/April, 1995 Bastrop Area Fire Pro. Dist. No. 2‑‑2 mills/Nov. 7, 1978 Fire District No. 2 -- 5 mills/1999 Assessor’s original millage District Two Cemetery‑‑1.07 mills Library‑‑1 mill/ Jan. 20, 1990 District Three Cemetery‑‑1.07 mills Natchitoches District Seven Cemetery‑‑1.01 mills Law Enforcement District (Additional)‑‑10 mills/May 16, 1981 Road District Two‑‑10.00 mills (Additional) Fire District No. 6‑‑7 mills Road District No. 5--10 mills/1997 Parish Ambulance Tax Ward One Cemetery--1 mill/1997 Fire District No. 7‑‑10 mills Ward Four Cemetery--1 mill/1997 Goldonna Area Fire Protection Dist. No. 2 Ward Five Cemetery--1 mill/1997 Library‑‑3 mills/1988 Road District Three--.48 mills/1987 and 5.0 mills/1996 Assessor’s original millage Road District Four‑‑10.00 mills (Additional) City of New Orleans Mamou Gravity Drainage District No. 5‑‑1.56 mills Board of Assessors’ original millage Prairie Mamou Gravity Drainage District No. 8‑‑3.42 mills Ouachita Durald Gravity Drainage District No. 4 Law Enforcement District (Add.)‑‑7.85 mills/Oct. 17, 1981 THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 172 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Ouachita Parish Road Lighting District No. 1 (Lakeshore Area) Fire Protection District #5 Maintenance Ouachita Parish Assessment District Law Enforcement District‑‑10 mills/May 3, 1986 Green Oaks Juvenile Detention Home -- 3.75 mills/1996 Assessor’s original millage Library -- 7.75 mills/1995 Sub-Road District #1 of Road District #2 Plaquemines Fire Protection District #2 School Board Tax‑‑6 (4 Maint./2 Sal.) mills/November 19, 1983 Fire Protection District #3 Law Enforcement District (Additional)‑‑5 mills/May 4, 1985 Florida Parishes Juvenile Detention Center--3 mills/1995 Water‑‑2.47 mills in 1992 St. James Library‑‑1.24 mills in 1992 St. James Hospital Board‑‑4.31 mills/May 18, 1979 Pollution Control‑‑2.47 mills in 1992 Gramercy Recreation District‑‑5 mills/May 18, 1979 Road Maintenance‑‑1.86 mills in 1992 Law Enforcement District‑‑6.00 mills/July 16, 1988 Public Health‑‑1.24 mills in 1992 Assessment District, 1985 Waste Disposal‑‑3.69 mills in 1992 St. John Incineration‑‑1.24 mills in 1992 Law Enforcement District (Additional)‑‑15.18 mills/May 17, 1980 Hospital‑‑2.54 mills in 1992 Assessor’s original millage Law Enforcement Jail Fac. Prop. I‑‑6 mills/October 3, 1992 St. Landry Assessor’s original millage Gravity Drainage District No. 1 of Ward 2 Pointe Coupee Fire District #3 Law Enforcement District (Additional)‑‑10 mills/April 4, 1981 Fire District #2 School Board‑‑5.83 mills/April 4, 1981 Fire District No. 5 Library‑‑1.22 mills/April 4, 1981 St. Landry Parish School Board‑‑12 mills/May 3, 1986 Fire Protection Dist. #1‑‑All maint. millages prior to 1991 Jail Maintenance Tax‑‑1 mill/April 30, 2011 Fire Protection District #2‑‑3 mills/October 17, 1981 Fire District No. 6 Fire Protection District #3‑‑3 mills/October 17, 1981 Acadia‑St. Landry Hospital District‑‑7 mills/November 2, 1982 Fire Protection District #4‑‑3 mills/October 17, 1981 Road District #11A, Sub-1--10.00 mills/1993 Fire Protection District #5‑‑5 mills/October 17, 1981 Road District #11‑A, Sub‑2 Maintenance‑‑5 mills/April 30, 1983 Sewerage Dist. No. 1 Mt.‑‑5 mills/July 9, 1977 (levied 1980) Road District #3, Ward 1, Sub‑1 Main.‑‑10 mills/Jan. 21, 1984 Assessor’s original millage Road District #12, Ward 2‑‑2.65 mills/January 1, 1979 Rapides Road District #1, Ward 3 Rapides Parish School Board‑‑.20 mills/April 1, 1978 Road District #4,-- 10 mills/July 21, 2001 Rapides Parish School Board‑‑15.20 mills/May 13, 1978 Road District #5--15 mills/1993 Gravity Drainage District #1 Main.‑‑1 mill/October 17, 1981 Road District #6--15 mills/ May 4, 2002 Road District 1A (Ward 4) Assessor’s original millage Road District 2C South St. Landry Comm. Library Dist.‑‑5.75 mills/Nov. 16, 1991 Road District 3A Fire District #1 Road District 5A St. Martin Road District 6A (Ward 6) Assessor’s original millage Road District 7A (Ward 7) St. Mary Road District 36 (Ward 8) Wax Lake East Drainage District Road District 9B (Ward 9) Sub Gravity Drainage District of Wax Lake East Road District 10A (Ward 10) Assessor--2.9 mills/1982 Road District 2B (Ward 11) Hospital Service District No. 1--7.88 mills/1999 Fire District #8 (Maint.)‑‑20 mills/April 30,1983 Hospital Service District No. 1--6 mills/1999 School District No. 11 (Ward 10)‑‑2 mills/May 7, 1980 Hospital Service District No. 1--3.47 mills/2003 School District No. 50 (Ward 11)‑‑2 mills/September 11, 1982 St. Tammany School Dist. No. 51 (Ward 5)‑‑All maint. millages prior to 1990 All millages listed on the tax roll, and in particular the parish library millages authorized on Consolidated School Dist. No. 62‑‑4.02 mills/April 4, 1987 April 5, 1980 and May 5, 1984, with the exception of the sheriff’s original millage, shall share Consolidated School Dist. No. 62‑‑4.00 mills/April 16, 1988 on a pro rata basis. Fire District No. 5‑‑20 mills/Nov. 4, 1986 Tangipahoa Fire District No. 3‑‑12 mills/Oct. 19, 1985 Road Lighting District No. 2‑‑5 mills/July 21, 1990 Fire District No. 7‑‑6 mills/May 3, 1986 Library--.60 mills/1984 Fire District No. 9 Library Maint.‑‑2.60 mills/May 4, 1985 Fire District No. 10‑‑20 mills/Nov. 4, 1986 Garbage District # 1 Maint.‑‑10 mills/March 26, 1983 Fire District No. 11 Road District # 7 Maint.‑‑5 mills/Sept. 11, 1982 Fire District No. 12 Fire Dist. #1--2.10 mills/1978 Assessor’s original millage Fire Protection District No. 1--7 mills/1998 Plainview Fire District No. 10‑‑10 mills/1990 Fire Dist. #1--5.65 mills/1996 Fire District #4 Fire Protection District # 2‑‑10 mills/May 5, 1984 (2 taxes) Fire District #7 Fire Dist. #2--10 mills/1996 Senior Citizens Law Enforcement District (Additional)‑‑10 mills Buckeye Recreational District Drainage District #4 Maint.‑‑3 mills/April 30, 1983 Flatwoods Fire District Assessor’s original millage Law Enforcement District (Additional)‑‑Nov. 6, 1984 Gravity Drainage District No. 5‑‑5 mills/April 7, 1990 Fire District No. 6‑‑20 mills Florida Parishes Juvenile Detention Center--3 mills/1995 Library--6.0 mills/January 15, 1994 Pontchatoula Recreation Dist.--10 mills/1996 Library--1.00 mill/September 30, 2006 Independence Recreation Dist.--15 mills/1996 Recreational District Ward 9--6.14 mills/November 17, 2001 Hammond Alternate School -- 3 mills/1996 Red River Hammond Recreation District No. 1 – 10 Mills/November 10, 2010 Law Enforcement District (Additional)‑‑5 mills/April 5, 1980 Tensas St. Bernard Gravity Drainage Dist. No. 2‑‑3 mills/October 3, 1992 St. Bernard Port, Harbor and Terminal District‑‑All millages Medical Services‑‑12 mills/February 28, 1987 Library‑‑All millages Assessor’s additional millage‑‑1988 St. Charles Terrebonne Law Enforcement District (Add.)‑‑7.75 mills/Nov. 4, 1980 All millages listed on the tax roll, except the sheriff’s original millage, shall share a pro rata Library‑‑3 mills/September 27, 1986 basis. Law Enforcement District –3.75 mills/July 16, 2005 Vermilion Assessor’s original millage Subroad Dist. No. 5 of Road Dist. No. 2‑‑5 mills/1979 St. Helena Road District No. 3‑‑5 mills/1979 Parishwide Road District Maintenance Subroad Dist. No. 2 of Road Dist. No. 2‑‑5 mills/1979 Road District #1 Maintenance Library -- 1.12 mills/1994 Sub‑Road District #2 of Road District #2 Maintenance Washington Road District #3 Maintenance Washington Schools Spec. Main./Op.‑‑0.90 mills/1984 Road District #4 Maintenance School District #2 Maintenance‑‑0.98 mills/1981 Road District #5 Maintenance School District #2 Support‑‑0.98 mills/ 1981 Road District #6 Maintenance Bogalusa City Schools Main./Op.‑‑23 mills/ 1989 Parish Library Library‑‑4.57 mills/ 1987 THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 173 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Angie School‑‑5 mills/1990 shall be distributed to the law enforcement district. Assessor’s millage Section 10. In the event the distribution to the tax collector in each parish and to the city of Rich. FD #2 -- 8 mills/1998 New Orleans is more than the amount necessary to satisfy the requirements of Sections 6 and Bonner Creek Fire Dist.--8.46 mills/1987 7 of this Act and to reimburse all tax recipient bodies as set forth in Section 9 of this Act, then Bonner Creek Fire Dist.--5 mills/1996 the city of New Orleans and the tax collector in each parish, within fifteen days after receipt Spring Hill Fire Dist. #8--5.73 mills/1995 thereof, shall distribute such remaining excess amount as follows, except as otherwise provided Spring Hill Fire District #8 -- 6 mills/1998 in Subsection D of this Section: Mt. Herman Fire Dist. #9--16 mills/1995 A. The portion of the excess equal to the ratio that the parish public school population bears Pine Fire Dist. #4--10 mills/1995 to the total population of the parish shall be allocated and distributed to the respective city Angie Fire Dist. #5--10 mills/1992 and parish school boards in the parish proportionate to the public school population of each. Varnado Fire Dist. #6--10 mills/1992 B. The next portion of the excess remaining after allocation and distribution to the school Fire Dist. #7--5 mills/1996 boards, equal to the ratio that the total population of all incorporated areas in the parish bears Fire Dist. #7--12.27 mills/1992 to the total parish population, shall be allocated and distributed to the respective incorporated Hayes Creek Fire District #3--17 mills/1999 municipalities of the parish proportionate to the respective population of each. Florida Parishes Juvenile Detention Center--3 mills/1995 C. The remaining portion of such excess, if any after allocation and distribution to the West Baton Rouge school boards and incorporated areas of a parish, shall be allocated and distributed to the Law Enforcement District (Additional)‑‑5 mills/1980 parish governing authority. West Carroll D. For purposes of this Subsection only, “tax recipient bodies” shall mean and include Ward 1 Road Maintenance‑‑5.45 mills any recipient of excess funds hereunder. In the following parishes the tax collector thereof, Ward 2 Road Maintenance‑‑4.59 mills or in Orleans Parish, the city of New Orleans, within fifteen days after receipt thereof, shall Ward 2 Special Tax‑‑Road District #2‑‑2.75 mills distribute such excess amount as follows: Ward 3 Road Maintenance‑‑4.96 mills (1) In the parish of Plaquemines, one hundred percent thereof to the parish governing Ward 3 Special Tax‑‑Road Dist. #3‑‑2.98 mills authority. Ward 4 Road Maintenance‑‑Road Dist. No. 4‑4‑‑4.20 mills (2) In the parishes of Cameron, St. Charles, and St. John the Baptist, seventy‑five percent Ward 4 Road Maintenance‑‑Road Dist. No. 4‑6‑‑5.28 mills thereof to the parish governing authority, and twenty‑five percent thereof to the parish school Ward 4 Special Tax‑‑Road Dist. #4‑4‑‑2.52 mills board. Ward 4 Special Tax‑‑Road Dist. #4‑6‑‑3.17 mills (3) In the city of New Orleans, seventy percent thereof to the city of New Orleans and thirty Ward 5 Road Maintenance‑‑4.78 mills percent thereof to the Orleans Parish School Board. Ward 5 Special Tax‑‑Road Dist. No. 5‑‑2.87 mills (4) In the parish of Jefferson, sixty percent thereof to the parish governing authority, Public Health Unit Maintenance‑‑1.5 mills/ 1980 twenty‑five percent thereof to the parish school board, and fifteen percent thereof to the Roads & Bridges‑‑8 mills/March 30, 1985 incorporated municipalities in the parish, to be distributed to such incorporated municipalities School Parishwide Maintenance‑‑10 mills/ 1990 pro rata on a population basis. However, no less than twenty‑five percent of the funds Assessment District distributed to the parish governing authority in this Paragraph shall be utilized for existing West Feliciana drainage projects and for providing for additional pumps for those projects and excluding Law Enforcement District (Additional)‑‑6 mills/1986 normal labor operating costs and other normal operational costs; such funds may also be used Assessor’s original millage to repair parish property damaged by storms. Winn (5) In the parishes of Acadia, Bienville, East Feliciana, Franklin, Jackson, St. Helena, St. Law Enforcement District (Additional)‑‑8 mills/1981 James, Vernon, Washington, and West Feliciana, fifty percent thereof to the parish governing Assessor’s original millage authority, twenty‑five percent thereof to the parish school board except that in the parish of Library -- 1979 millage Washington, which has a dual parish and city school administration, the twenty‑five percent to Library -- 3 mills/1999 the school boards shall be prorated between the parish and city school systems on the basis of C.(1) If the amount distributed to the tax collector and the city of New Orleans is less than public school population, and twenty‑five percent thereof to the incorporated municipalities in the amount required to reimburse tax losses on the basis of the tax rolls of the current calendar the parish, to be distributed to such incorporated municipalities pro rata on a population basis, year as provided in Subsection A of this Section, the tax collector and the city of New Orleans except that in the parish of West Feliciana the initial fifteen thousand dollars of such excess shall prorate such lesser amount among the various tax recipient bodies within the parish shall be retained by the sheriff and the twenty‑five percent for incorporated municipalities so that the lesser amount received by each tax recipient body shall be proportionate to the shall be distributed to the town of St. Francisville. In the parish of East Feliciana, the initial reduction in the total amount distributed to each parish, and the amount distributed by the twenty‑five thousand dollars of such excess shall be retained by the sheriff. state treasurer to the city treasurer of the city of Monroe shall be based upon similar prorating, (6) In the parish of Jefferson Davis, the portion of the excess equal to the ratio that the if necessary; however, in the parish of St. Bernard, the Lake Borgne Levee District shall receive public school population of the parish bears to the total population of the parish shall be a minimum of $163,000 and the St. Bernard Port, Harbor and Terminal District shall receive a allocated and paid to the Jefferson Davis Parish School Board, ten thousand dollars shall minimum of $125,000, and, in Allen Parish the Special Law Enforcement District shall receive be allocated and paid to the Assessor for Jefferson Davis Parish, and of the remainder of a minimum of $58,000 and the Assessor shall receive a minimum of $36,500. the excess, fifty percent thereof to the parish governing authority and fifty percent thereof (2) No bond millages levied to service bonds under the authority of Louisiana Constitution to the incorporated municipalities in the parish, two thousand one hundred dollars to be Article VI, Section 33(B) or Article XIV, Section 14 of the Louisiana Constitution of 1921 or distributed to each incorporated municipality and the balance thereof to be distributed to any other constitutional or statutory authority for the issuance of general obligation bonds such incorporated municipalities pro rata on a population basis. shall share in the proceeds of this Act and the governing authority of the issuing political (7) In the parish of St. Landry, thirty thousand dollars to the parish school board for the subdivision shall levy and collect or cause to be levied and collected on all taxable property in operation of two food processing plants and the remainder as follows: twenty‑five percent to the political subdivision ad valorem taxes sufficient to pay principal and interest and redemption the sheriff for the operation and maintenance of his office; twenty‑five percent to the parish premiums, if any, on such bonds as they mature; the only exceptions to this prohibition shall school board for use by the school board; twenty‑five percent to the municipalities of the be specifically included in this Subsection. In the parish of Natchitoches, bond millages shall parish, out of which five hundred dollars shall first be given to each municipality and the share and any tax recipient body in said parish otherwise eligible to participate in the revenue balance shall be distributed to the municipalities on the basis of the formula applying to the sharing fund may use the funds for the retirement of the principal, interest, or premium, if any, distribution of the tobacco tax; and twenty‑five percent to the parish governing authority. or any combination thereof, of any outstanding bonded indebtedness of such tax recipient (8) In the parishes of Catahoula and Concordia, forty‑four percent thereof to the parish body. In the parish of Livingston the millage authorized in 1975 for the parish health unit shall governing authority, thirty‑three percent thereof to the parish school board, and twenty‑three share as an operation and maintenance millage. In the parish of Avoyelles, the Ward 7 School percent thereof to the incorporated municipalities in the parish, to be distributed to such District Construction Tax and the Ward 10 School District Construction Tax shall each share incorporated municipalities pro rata on a population basis; prior to the distribution of any as an operation and maintenance millage. In the parish of DeSoto, the 150 mills authorized excess funds in Concordia Parish, the parish libraries therein shall be reimbursed an amount for School District #2 shall share as an operation and maintenance millage. In the parish equal to any increase in the sheriff’s commission deducted from library taxes over and above of East Baton Rouge, the BREC Capital Improvement Tax shall share as an operation and the percentage authorized to be deducted in the 1975 calendar year; and the balance of the maintenance millage. Bond millages may share in the parish of Sabine; however, if there are excess shall be distributed as provided in this Paragraph. However, in the parish of Catahoula, no excess funds those millages levied for operation and maintenance of those taxing districts the tax collector shall retain the sum of seventeen thousand dollars of the excess, in addition eligible for reimbursement shall have priority for reimbursement to the extent that funds are to the commission provided in Section 6 of this Act, and the balance of the excess shall be available. In the parish of Bossier, bond millages and operation and maintenance millages distributed as provided in this Paragraph; and further, in the parish of Concordia, the tax shall share on a pro rata basis and the school bonds listed in Section 9(B)(3) shall share as collector shall retain the sum of thirty‑five thousand dollars of the excess, in addition to the provided therein. commission provided in Section 6 of this Act, and the balance of the excess shall be distributed (3) In the parish of St. Tammany, the parish governing authority shall make available out as provided in this Paragraph. of its allocated funds a sufficient amount for the operation and maintenance of the food (9) In the parishes of Sabine and Tangipahoa, forty percent thereof to the parish governing stamp offices and the service office for veterans established under R.S. 29:261. In the parish authority, thirty percent thereof to the parish school board, and thirty percent thereof to the of St. Tammany, the parish governing authority shall make available out of its allocated funds incorporated municipalities in the parish, to be distributed to such incorporated municipalities five thousand dollars for the St. Tammany Humane Society. In the event of any decrease pro rata on a population basis. in the state’s appropriated portion of the salaries of the St. Tammany Parish Registrar of (10) In the parishes of Tensas and Winn, thirty‑five percent thereof to the parish governing Voters Office, the parish governing authority shall make available out of its allocated funds a authority, thirty‑five percent thereof to the parish school board, and thirty percent thereof sufficient amount to replace such state funds, not to exceed $15,537.58. Of the funds allocated to the incorporated municipalities in the parish, to be distributed to such incorporated within the parish of St. Charles, thirty thousand dollars shall be distributed to the St. Charles municipalities pro rata on a population basis. Department of Community Services to be used for the operation of an outreach program at (11) In the parishes of Allen, Avoyelles, Bossier, Claiborne, DeSoto, East Carroll, the St. Rose Community Center. Of the funds allocated within the parish of Acadia, $180,000 Evangeline, Iberia, Lafayette, Lincoln, Madison, Rapides, Richland, St. Martin, St. Mary, THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 174 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Union, Webster, and West Carroll, thirty‑three and one‑third percent thereof to the parish (19) In the parish of Grant, fifty percent thereof to the sheriff and fifty percent thereof to governing authority, thirty‑three and one‑third percent thereof to the parish school board, and the parish governing authority. thirty‑three and one‑third percent thereof to the incorporated municipalities in the parish, to (20) In the parish of Lafourche, one hundred percent thereof to the parish governing be distributed to such incorporated municipalities pro rata on a population basis. Further, in authority, the first two hundred thousand dollars of which shall be used for existing parish the parish of Evangeline the additional excess funds received by the school board as a result of roads. the change in percentages from those provided in Act 719 of the 1975 Regular Session of the (21) In the parishes of Caldwell and LaSalle, one‑third thereof to the parish governing Louisiana Legislature shall be used solely for the purpose of restoring the salaries or benefits authority, one‑third thereof to the parish school board, and one‑third thereof to the to those school board employees to the same level or amount as were paid prior to the recent incorporated municipalities in the parish, to be distributed to such incorporated municipalities reductions or decreases in such salaries or benefits; however, if the excess funds are insufficient pro rata on a population basis. Prior to the distribution of any excess funds in LaSalle Parish, to restore the salaries or benefits to their former level or amount, then the excess funds shall one thousand dollars shall be disbursed to the Hardtner Medical Center, a publicly owned be distributed on a pro rata basis. In the parish of Lafayette, the initial distribution shall be hospital, to be donated to the Medical Scholarship Fund, and five thousand dollars shall be sixty thousand dollars to the Lafayette Association for Retarded Citizens, Incorporated, for disbursed to the LaSalle Association for the Developmentally Delayed, however, none of these operating expenses, one hundred seventy thousand dollars to the Lafayette Parish Sheriff, and monies are to be used for salaries and provided that this amount is spent to directly assist the the balance of the excess shall be distributed as provided above in this Paragraph. In the parish students, and the balance of the excess shall be distributed as provided above in this Paragraph. of Union, the initial distribution shall be six thousand dollars to the Spencer‑West Sterlington (22) In the parish of Rapides, the initial fifteen thousand dollars of such excess shall be Fire Protection District, Incorporated, for operating expenses; thereafter, the sheriff and ex paid over to the town of Ball, and the remainder of the excess shall be divided as follows: officio tax collector shall retain the sum of fifty thousand dollars of the excess, in addition to the thirty‑three and one‑third percent thereof to the parish governing authority, thirty‑three and commission provided in Section 6 of this Act, and the balance of the excess shall be distributed one‑third percent thereof to the parish school board, and thirty‑three and one‑third percent as provided above in this Paragraph. In the parish of St. Mary, the parish governing authority thereof to the incorporated municipalities pro rata on a population basis. shall make available out of its allocated excess funds a sufficient amount to the parish registrar (23) In the parish of Vermilion, sixty percent to the sheriff and forty percent to the Vermilion of voters to pay the expenses of voter canvass required by law. In the parish of East Carroll Parish assessor. the tax collector shall retain the sum of fifteen thousand dollars of the excess, in addition to the (24) In the parish of Red River, the initial distribution shall be two thousand five hundred commission provided in Section 6 of this Act, and the balance of the excess shall be distributed dollars to the National Guard Armory located in said parish and the balance of the excess as provided above in this Paragraph. In the parish of Claiborne the tax collector may retain shall be distributed as provided in Subsections A, B and C of this Section. up to an aggregate of ten percent of the excess as agreed to by resolution passed by the parish (25) In the parish of Assumption, the first twenty thousand dollars of excess shall be governing authority before receiving its part designated in this Paragraph, by resolution passed distributed to the Assumption Parish Assessor, with the residual being distributed as provided by the parish school board before receiving its part as designated in this Paragraph, and a in Subsections A, B, and C of this Section. resolution from each municipality in said parish; each of the above bodies in Claiborne Parish E. In the parishes of Allen and Cameron, such excess amounts shall not be expended until may provide the same or a different percentage for the sheriff but not to exceed ten percent the parish or expending authority or agency has received the approval of a majority of the of its share. In the parish of Webster the tax collector may retain up to an aggregate of ten legislative delegation representing the parish, the senators and representatives each having an percent of the excess to be received by the cities of Minden and Springhill and upon passage of equal vote, provided that if there is a tie vote, the parish or expending authority or agency shall resolutions authorizing same by respective governing authorities may retain amounts fixed in have one vote in order to break the tie vote. the resolution not to exceed ten percent of excess received by the police jury of Webster Parish F. In order to provide flexibility in the use of excess funds, no excess funds shall be distributed and each of the other incorporated municipalities in Webster Parish. to any recipient by the tax collector of the parish of Evangeline as provided in this Section until (12) In the parishes of Iberville, Pointe Coupee, and West Baton Rouge, thirty‑three and approval of such distribution of excess funds to each recipient thereof has been granted by one‑third percent thereof to the parish governing authority, thirty‑three and one‑third percent the member or members of the House of Representatives and the Senate who represent the thereof to the parish school board, and thirty‑three and one‑third percent thereof of such parish in the legislature. Such approval shall be requested by the chief executive officer of the excess amount to the incorporated municipalities in the parish, in the same amounts of funds recipient body who shall submit to the respective members of the legislature a written request as were distributed to each in 1972 under the provisions of Act 4 of the 1972 Extraordinary for such excess funds, such written request to contain the amount of excess funds requested Session except: and the purpose for which they will be expended. Upon receipt, but only upon receipt, by (a) If the amount of excess funds is insufficient to supply the amounts distributed in 1972 the tax collector of the written approval of such a request from each of the members of the to each incorporated municipality in the parish, the amount to be allocated and distributed legislature who represent the parish, the tax collector of the parish shall make the distribution to each incorporated municipality shall be reduced by the ratio that the amount of excess requested provided that such distribution is in compliance with the provisions of this Act and funds distributed to it in 1972 under Act 4 of the 1972 Extraordinary Session bore to the total particularly other provisions of this Section. amount of excess funds then so distributed to all of the incorporated municipalities in the Section 11. The parish governing authority shall have the power and authority to expend parish; or such excess funds received by it for any governmental purpose or function and may allocate (b) If the amount of such excess funds exceeds the amount necessary to supply the same and distribute any portion of such excess funds received by it to its tax recipient bodies, sheriff, amounts of excess funds distributed in 1972 to each incorporated municipality in the parish, other taxing districts, incorporated municipalities, and other public officials. the excess over the amounts distributed in 1972 shall be allocated and distributed to each Section 12. In accordance with the provisions of this Act, the amount to be distributed incorporated municipality in the parish in the ratio that the population in each bears to the to each parish and to the city of New Orleans during the Fiscal Year 2018-2019 shall be as total population of all of the incorporated municipalities in the parish. follows: However, in the parish of Pointe Coupee, the sheriff shall retain the sum of ten thousand Total Due Sheriff’s Retirement dollars of such excess amount, in addition to the commission provided in Section 6 of this Act, PARISH FY 2018-2019 Fund Contribution to be used for the operation and maintenance of his department, and the balance of the excess ACADIA $1,220,839 $ 144,914 $ 20,865 shall be distributed as provided above in this Paragraph. ALLEN 501,205 71,825 9,466 (13) In the parish of Ouachita, the funds shall be distributed as follows: thirty‑three percent ASCENSION 2,398,689 124,698 19,630 thereof to the parish governing authority, thirty percent thereof to the city and parish school ASSUMPTION 441,496 84,654 7,951 boards to be prorated between the city and parish school boards on the basis of public school AVOYELLES 811,782 122,754 16,162 population, and thirty‑seven percent thereof to the incorporated municipalities in the parish, BEAUREGARD 729,038 81,836 11,618 to be distributed to such incorporated municipalities pro rata on a population basis. BIENVILLE 274,585 57,927 8,071 (14) In the parish of Caddo, twenty‑five percent thereof to the parish governing authority, BOSSIER 2,422,723 165,713 45,457 thirty‑five percent thereof to the parish school board, and forty percent thereof to the CADDO 4,655,992 533,585 206,758 incorporated municipalities in the parish, to be distributed to such incorporated municipalities CALCASIEU 3,865,341 458,650 120,587 pro rata on a population basis. CALDWELL 208,756 45,972 6,357 (15) In the parish of East Baton Rouge, such excess amount shall be distributed to the East CAMERON 145,651 48,402 7,971 Baton Rouge Parish School Board, the East Baton Rouge City‑Parish Government, the town CATAHOULA 204,729 45,486 6,038 of Zachary, the city of Baker and the East Baton Rouge Parish Recreation Commission in CLAIBORNE 313,102 52,775 6,497 proportion to the ad valorem taxes collected by or reimbursed to each and sales taxes collected CONCORDIA 402,487 70,950 9,685 by each in the twelve‑month period ending June 30, 1974, and every subsequent twelve‑month DESOTO 561,875 53,164 6,955 period. However, twenty thousand dollars of such excess funds shall be dedicated to each of EAST BATON ROUGE 8,440,511 691,814 238,683 the following volunteer fire departments: Pride, Sharon Hills, Central, Brownsfield and East EAST CARROLL 130,840 43,056 6,596 Side. EAST FELICIANA 392,358 47,527 4,744 (16) In the parish of Calcasieu, thirty‑three and one‑third percent thereof to the parish EVANGELINE 665,041 70,950 10,462 governing authority, thirty‑three and one‑third percent thereof to the parish school board, FRANKLIN 418,361 71,047 15,086 and thirty‑three and one‑third percent thereof to the incorporated municipalities in the parish, GRANT 445,011 59,676 7,114 two thousand one hundred dollars to be distributed to each incorporated municipality and the IBERIA 1,435,926 215,864 36,808 balance thereof to be distributed to such incorporated municipalities pro rata on a population IBERVILLE 638,425 135,194 16,142 basis. JACKSON 310,888 63,466 9,865 (17) In the parish of Beauregard, forty percent thereof to the parish governing authority, JEFFERSON 8,329,333 1,293,821 276,129 thirty‑five percent thereof to the parish school board, and twenty‑five percent thereof to the JEFFERSON DAVIS 615,538 67,354 15,265 incorporated municipalities in the parish, to be distributed to such incorporated municipalities LAFAYETTE 4,597,851 299,449 56,657 pro rata on a population basis. LAFOURCHE 1,959,783 187,387 39,020 (18) In the parish of Morehouse, one‑third thereof to the parish school board, one‑third LASALLE 297,500 53,261 6,955 thereof to the parish governing authority, and one‑third thereof to the incorporated LINCOLN 882,086 70,659 18,374 municipalities in the parish, to be distributed to such incorporated municipalities pro rata on LIVINGSTON 2,720,443 163,186 26,345 a population basis. MADISON 209,409 43,056 7,991 THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 175 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. MOREHOUSE 510,054 97,289 18,075 ACT No. 397 NATCHITOCHES 749,099 104,190 15,445 - - - ORLEANS 7,099,024 0 0 SENATE BILL NO. 4 OUACHITA 2,935,198 265,918 63,771 BY SENATOR PEACOCK PLAQUEMINES 438,704 139,568 24,731 AN ACT POINTE COUPEE 450,467 62,300 8,410 To enact R.S. 11:252, relative to the state and statewide retirement systems; to provide relative RAPIDES 2,583,240 315,875 74,752 to the employment of actuaries; to limit the duties a board may prescribe for or require of an RED RIVER 167,339 40,918 2,930 actuary; to provide for an effective date; and to provide for related matters. RICHLAND 407,927 63,661 13,611 Notice of intention to introduce this Act has been published. SABINE 481,189 66,577 10,303 Be it enacted by the Legislature of Louisiana: ST. BERNARD 862,043 336,965 59,885 Section 1. R.S. 11:252 is hereby enacted to read as follows: ST. CHARLES 1,030,202 103,024 19,111 §252. Actuary; appointment; duties ST. HELENA 219,546 43,348 5,800 Notwithstanding any other provision of law to the contrary, the board of trustees of any ST. JAMES 423,867 90,194 15,126 state or statewide retirement system is hereby authorized to appoint an actuary or actuaries, ST. JOHN 858,261 115,076 14,030 independently or jointly. However, any duties the board assigns to the actuary shall relate only to ST. LANDRY 1,625,401 266,307 40,116 the practice of actuarial science or ministerial duties that do not require the exercise of supervision ST. MARTIN 1,067,588 108,952 12,475 or discretionary control over the administration or management of the system. ST. MARY 1,045,589 184,179 36,389 Section 2. This Act shall become effective on June 30, 2018; if vetoed by the governor and ST. TAMMANY 5,009,841 267,473 47,749 subsequently approved by the legislature, this Act shall become effective on June 30, 2018, or TANGIPAHOA 2,523,594 269,514 37,127 on the day following such approval by the legislature, whichever is later. TENSAS 90,632 33,337 5,301 Approved by the Governor, May 23, 2018. TERREBONNE 2,163,614 217,030 43,344 A true copy: UNION 453,405 57,343 8,151 R. Kyle Ardoin VERMILION 1,173,669 118,574 20,008 Secretary of State VERNON 980,519 158,132 22,160 WASHINGTON 916,605 131,112 18,374 ACT No. 398 WEBSTER 793,414 103,801 22,539 - - - WEST BATON ROUGE 505,712 72,603 10,283 SENATE BILL NO. 8 WEST CARROLL 221,684 45,097 9,287 BY SENATOR PEACOCK WEST FELICIANA 278,344 39,266 3,748 AN ACT WINN 286,635 61,523 7,513 To amend and reenact R.S. 11:2241.3(A) and to enact R.S. 11:2220(C)(4) relative to the TOTAL $ 90,000,000 $ 9,719,218 $ 1,992,848 Municipal Police Employees’ Retirement System; to provide for membership classification; Section 13. The state treasurer shall distribute one‑third of the total amount herein allocated to provide relative to refund of contributions; to provide for an effective date; and to provide to the parishes from the revenue sharing fund to the parish tax collector, or in Orleans Parish for related matters. to the city of New Orleans, not later than the first day of December in each year, one‑third Notice of intention to introduce this Act has been published. thereof not later than the fifteenth day of March in each year and one‑third thereof not later Be it enacted by the Legislature of Louisiana: than the fifteenth day of May in each year, and each one‑third of the total allocation shall be Section 1. R.S. 11:2241.3(A) is hereby amended and reenacted and R.S. 11:2220(C)(4) is distributed in accordance with the provisions of Sections 6, 7, 9, and 10 of this Act; however, hereby enacted to read as follows: the legislative auditor may authorize the granting of additional sums due any recipient in §2220. Benefits; contribution limit advance upon a showing that the advance receipt of such funds is reasonably necessary. If * * * the state treasurer does not distribute the fund on or before the dates specified in this Act, C. Refund of contributions, application and payment. any interest or other income derived by the state from the parish allocations, earned prior to * * * the distribution to the parishes, shall be paid over a pro rata basis together with the principal (4)(a) Notwithstanding any other provision of law to the contrary, except Subparagraph (b) of amounts due the parishes under the provisions of this Act. Any interest or other income this Paragraph, any member whose first employment making him eligible for membership in this derived by the parish tax collector or the city of New Orleans from the investment or other system occurred prior to January 1, 2013, who receives a refund of all contributions as provided use of such total parish allocations received from the state treasurer, earned prior to the for in this Subsection and who returns to employment making him eligible for membership in this distributions within the parish as required by the foregoing provisions of this Act, shall be system shall enter the system as a new member without regard to the dates of prior membership. paid over a pro rata basis together with the principal amounts due the local recipients under (b) Notwithstanding the eighteen-month waiting period in R.S. 11:2218(G), any member whose the provisions of this Act upon distribution thereto, and the parish tax collectors or the city first employment making him eligible for membership in this system occurred prior to January of New Orleans may retain only investment income earned on that portion of the total parish 1, 2013, who received a refund of all contributions as provided for in this Subsection before June allocation to which they are otherwise entitled under the provisions of this Act. In light of 30, 2018, who returns to employment making him eligible for membership in this system shall the fact that all assessment roll figures will not be available in time to base the December be immediately eligible to obtain credit for his previous service in the system. The member may distribution by the treasurer on current figures, the distribution of funds on the first day of reestablish the previous service under the plan provisions that applied to the member on the date he December pursuant to this Act shall be based on the distribution figures for Fiscal Year 2016- received his refund by repaying the refund with interest calculated as provided in R.S. 11:2218(G) 2017. The remaining two distributions on the fifteenth day of March and the fifteenth day of within one year of returning to employment covered by this system. If the member repays the May shall be based on current figures for Fiscal Year 2017-2018, and such distributions shall refund at any time thereafter, the provisions of Subparagraph (a) of this Paragraph shall apply. be adjusted to compensate for the differences resulting in the use of the Fiscal Year 2016-2017 * * * figures for the December distribution. §2241.3. Eligibility for plan membership Section 14. On or before such date as shall be established by the state treasurer, each tax A. Membership in this subplan is limited to employees who, notwithstanding any temporal collector, the city of New Orleans, and the city treasurer of the city of Monroe annually shall restrictions and any training program certified and required by the Peace Officer Standards file with the state treasurer, on such forms as the state treasurer may require, all information and Training Council relative to qualifying for such pay, would be eligible to receive state necessary to the computation of the funds to be distributed within the parishes, including, but supplemental pay by virtue of their employment. not limited to, a listing of all such local entities seeking eligibility for funds as a tax recipient * * * body under the qualifications set out in Section 1(a) of this Act, all new millages of such tax Section 2. This Act shall become effective on June 30, 2018; if vetoed by the governor and recipient bodies as are listed in Section 9(B) of this Act, and all remaining authorities on the subsequently approved by the legislature, this Act shall become effective on June 30, 2018, or tax rolls which are otherwise ineligible to participate in the distribution of revenue sharing on the day following such approval by the legislature, whichever is later. funds as tax recipient bodies. The listing shall include such verification for eligibility as may Approved by the Governor, May 23, 2018. be required by the state treasurer and, notwithstanding the provisions of Section 12 of this A true copy: Act, no revenue sharing funds shall be distributed prior to receipt and acceptance by the state R. Kyle Ardoin treasurer of such information and verification. The same authorities shall in the same manner Secretary of State submit to the state treasurer a statement of the amount of revenue sharing funds distributed to each recipient of such funds, including the amount deducted for sheriffs’ commissions and ACT No. 399 for retirement system contributions and shall state clearly on such forms the amount of the - - - distribution to each such recipient which is derived from excess funds and the amount of SENATE BILL NO. 13 such distribution which represents reimbursement for tax losses by reasons of the homestead BY SENATOR PEACOCK exemption. Such statement shall also include the amount of any revenue sharing funds which AN ACT remain to be distributed and the recipients to which such remaining funds will be distributed. To amend and reenact R.S. 11:121(A) and 126 and to repeal R.S. 36:769(L), relative to Approved by the Governor, May 22, 2018. the Public Retirement Systems’ Actuarial Committee; to provide for the officers of the A true copy: committee; to provide for an effective date; and to provide for related matters. R. Kyle Ardoin Notice of intention to introduce this Act has been published. Secretary of State Be it enacted by the Legislature of Louisiana: Section 1. R.S. 11:121(A) and 126 are hereby amended and reenacted to read as follows: §121. Creation; purpose A. The Public Retirement Systems’ Actuarial Committee is hereby created within the Department of the Treasury, effective July 1, 1988 and established as the public retirement and pension system advisor of the Legislature of Louisiana. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 176 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. * * * * * * §126. Officers (2) “Personal identifying information” shall include but not be limited to an individual’s a The members shall elect biennially from their membership, a chair and a vice chair, and person’s: such The chair and vice chair shall rotate biennially between the speaker of the House of * * * Representatives, or his designee, and the president of the Senate, or his designee with terms (o) Telephone number, when inserted into any caller identification system. beginning on the first of July. The committee shall elect any other officers as the committee may * * * deem advisable. No member shall serve as chair in an office for more than four consecutive (4) “Caller identification system” means any device that displays or otherwise indicates to the years. person who is the recipient of a telephone call another person’s name, telephone number, the name Section 2. R.S. 36:769(L) is hereby repealed. of a legitimate or fictitious business, or any other name or telephone number from which the Section 3. On July 1, 2018, the president of the Senate, or his designee, shall begin his term as telephone call purportedly originated. chair of the committee and the speaker of the House of Representatives, or his designee, shall (5) “Insert” means to enter by voice communication, by written communication, or by any other begin his term as vice chair of the committee pursuant to the provisions of this Act. means. Section 4. This Act shall become effective on June 30, 2018; if vetoed by the governor and B. Identity theft is the intentional use, or possession, or transfer, or attempted use, with subsequently approved by the legislature, this Act shall become effective on June 30, 2018, or fraudulent intent, by any person of any personal identifying information of another person to on the day following such approval by the legislature, whichever is later. obtain, possess, or transfer, whether contemporaneously or not, credit, money, goods, services, Approved by the Governor, May 23, 2018. or any thing else of value without the authorization or consent of the other person. A true copy: * * * R. Kyle Ardoin I. Nothing in this Section shall preclude or abrogate any remedy otherwise provided by law, Secretary of State including but not limited to remedies available pursuant to R.S. 51:1741.1 et seq. Approved by the Governor, May 23, 2018. ACT No. 400 A true copy: - - - R. Kyle Ardoin SENATE BILL NO. 46 Secretary of State BY SENATORS APPEL AND HEWITT AND REPRESENTATIVES AMEDEE, BACALA, TERRY BROWN, CARMODY, HAVARD, HORTON, JEFFERSON, PYLANT ACT No. 402 AND THOMAS - - - AN ACT SENATE BILL NO. 66 To amend and reenact R.S. 17:3128(A) and (B)(1) and (2), relative to postsecondary education; BY SENATOR CLAITOR to provide relative to the master plan for postsecondary education; to provide for the review AN ACT and revision of the master plan and mission statements for public postsecondary education To amend and reenact R.S. 28:53(B)(1) and the introductory paragraph of (G)(8) and 63(A)(1) systems and institutions; and to provide for related matters. and (B), relative to admissions to treatment facilities by emergency certificates; to provide for Be it enacted by the Legislature of Louisiana: admission procedures to treatment facilities; to provide for applicability to all parishes except Section 1. R.S. 17:3128(A) and (B)(1) and (2) are hereby amended and reenacted to read as St. Tammany; to provide for standard of care; and to provide for related matters. follows: Be it enacted by the Legislature of Louisiana: §3128. Power to formulate master plan; mission establishment Section 1. R.S. 28:53(B)(1) and the introductory paragraph of (G)(8) and 63(A)(1) and (B) A.(1) The Board of Regents shall have the power to formulate and make timely revision of a are hereby amended and reenacted to read as follows: master plan for postsecondary education. As a minimum, the plan shall include a formula for §53. Admission by emergency certificate; extension; payment for services rendered equitable distribution of funds to the institutions of postsecondary education. The board shall * * * submit its plan and formula for funding to the governor and the legislature. B.(1) Any physician licensed or permitted by the Louisiana State Board of Medical Examiners, (2)(a) The Board of Regents shall, at a minimum, review the master plan for postsecondary physician assistant when acting in accordance with their respective clinical practice guidelines, education at least once every four years and revise as deemed necessary and appropriate. psychiatric mental health nurse practitioner, other nurse practitioner who acts in accordance (b) The board shall review and submit a revised master plan to the governor and the legislature with a collaborative practice agreement and receives verbal approval for executing the certificate not later than September 1, 2019. from his collaborating physician, or psychologist may execute an emergency certificate only B.(1) After consultation with each postsecondary education management board, the after an actual examination of a person alleged to have a mental illness or be suffering from chancellor, and the president of each public institution of postsecondary education, the a substance-related or addictive disorder who is determined to be in need of immediate care Board of Regents shall devise, describe, and establish a mission for each public college and and treatment in a treatment facility because the examining physician, physician assistant university system and for each institution within each system. Each mission statement shall when acting in accordance with their respective clinical practice guidelines, psychiatric be included in and form the basis of the master plan provided for in Subsection A of this mental health nurse practitioner, other nurse practitioner who acts in accordance with a Section. Initial mission statements shall be completed no later than January 15, 1989. , shall be collaborative practice agreement and receives verbal approval for executing the certificate from reviewed periodically, and shall be individually revised as often thereafter as is necessary These his collaborating physician, or psychologist determines the person to be dangerous to self mission statements shall be reviewed at least once every four years and revised as necessary and or others or to be gravely disabled. The actual examination of the person by a psychiatrist appropriate in order to achieve and maintain the institutional balance necessary to for diversity, may be conducted by telemedicine utilizing video conferencing technology provided that a access, and excellence. licensed healthcare professional who can adequately and accurately assist with obtaining any (2) The Board of Regents shall make such recommendations for legislative or gubernatorial necessary information including but not limited to the information listed in Paragraph (4) action necessary to support the development of each system and institution as provided in of this Subsection shall be in the examination room with the patient at the time of the video its mission statement. Annually, the Not later than January thirtieth of each year, the board conference. A patient examined in such a manner shall be medically cleared prior to admission shall submit a report to the legislature and the governor on the status of higher postsecondary to a mental health treatment facility. Failure to conduct an examination prior to the execution education relative to the mission statements, including in such report all revisions since the last of the certificate will be evidence of gross negligence. report and any recommendations for legislative or gubernatorial action. * * * * * * G. 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 (8) As it relates to the all other parishes of East Baton Rouge, Jefferson, Orleans, and governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by Ouachita, the following shall apply: the governor and subsequently approved by the legislature, this Act shall become effective on * * * the day following such approval. §63. Standard of care; limitation of liability; penalties Approved by the Governor, May 23, 2018. A.(1) Any licensed physician licensed or permitted by the Louisiana State Board of Medical A true copy: Examiners, psychologist, medical psychologist, psychiatric mental health nurse practitioner, or R. Kyle Ardoin public and private general hospital personnel exercising that degree of skill and care ordinarily Secretary of State employed, under similar circumstances by members of his profession in good standing in the same community or locality, and using reasonable care and diligence with his best judgment in ACT No. 401 the application of his skill, shall not be held civilly liable or subject to criminal prosecution for - - - acts arising from his professional opinions which fall within the scope of his duties, judgments, SENATE BILL NO. 50 actions, or duties pursuant to any of the provisions of this Part, unless the damage or injury BY SENATORS MORRELL, BARROW, MILLS AND WHITE was caused by willful or wanton negligence or gross misconduct. This limitation of liability AN ACT shall apply only to public and private general hospital personnel who within the preceding To amend and reenact the introductory paragraph of R.S. 14:67.16(A)(2) and 67.16(B), and twelve-month period have received appropriate training in nonviolent crisis intervention. Such to enact R.S. 14:67.16(A)(2)(o), (4), and (5) and (I), relative to the crime of identity theft; training shall be documented in their personnel files. The training shall be provided by an to add a person’s telephone number to the definition of “personal identifying information” instructor who has attended a course in crisis intervention taught by a certified instructor. for purposes of the crime of identity theft; to provide definitions; and to provide for related * * * matters. B. Any licensed physician licensed or permitted by the Louisiana State Board of Medical Be it enacted by the Legislature of Louisiana: Examiners, psychologist, medical psychologist, or psychiatric mental health nurse practitioner Section 1. The introductory paragraph of R.S. 14:67.16(A)(2) and 67.16(B) are hereby who executes an emergency certificate shall be held to that degree of skill and care ordinarily amended and reenacted and R.S. 14:67.16(A)(2)(o), (4), and (5) and (I) are hereby enacted to employed, under similar circumstances, by members of his profession in good standing in the read as follows: same community or locality, and using reasonable care and diligence with his best judgment in §67.16. Identity theft the application of his skill. A. As used in this Section the following terms have the following meanings: * * * THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 177 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Approved by the Governor, May 23, 2018. * * * A true copy: Approved by the Governor, May 23, 2018. R. Kyle Ardoin A true copy: Secretary of State R. Kyle Ardoin Secretary of State ACT No. 403 - - - ACT No. 406 SENATE BILL NO. 68 - - - BY SENATOR CLAITOR SENATE BILL NO. 93 AN ACT BY SENATOR MIZELL To enact R.S. 32:58.1, relative to careless operation of motor vehicles; to provide relative to AN ACT careless operation during flood conditions; to provide relative to injury or damage caused To enact Part XIII of Chapter 6 of Title 33 of the Louisiana Revised Statutes of 1950, to by the wake created by a motor vehicle during flood conditions; and to provide for related be comprised of R.S. 33:3111, relative to funding of volunteer fire departments; to require matters. notification to voters that a portion of the avails of ad valorem taxes to volunteer fire Be it enacted by the Legislature of Louisiana: departments is dedicated to state and statewide retirement systems; to provide for an effective Section 1. R.S. 32:58.1 is hereby enacted to read as follows: date; and to provide for related matters. §58.1. Careless operation during flood conditions Be it enacted by the Legislature of Louisiana: A. Any person operating a motor vehicle on the public roads of this state during flood conditions Section 1. Part XIII of Chapter 6 of Title 33 of the Louisiana Revised Statutes of 1950, shall drive in a careful and prudent manner, so as not to create a wake that endangers the life, limb, comprised of R.S. 33:3111, is hereby enacted to read as follows: or property of any person. Failure to drive in such a manner shall constitute careless operation PART XIII. FUNDING OF VOLUNTEER FIRE DEPARTMENTS during flood conditions. §3111. Ad valorem taxes for volunteer fire departments; voter notification requirements B. There shall be a rebuttable presumption that the following persons were operating a motor The notice of intent and proposition for ad valorem taxes levied to fund volunteer fire departments vehicle in a careful and prudent manner during flood conditions: shall include a statement that a portion of the tax proceeds is required to be contributed to state (1) Any person operating a vehicle owned or operated by a public utility, whether publicly or and statewide retirement systems as provided in R.S. 11:82. privately owned, while acting in the course and scope of his employment or agency relating to the Section 2. This Act shall become effective upon signature by the governor or, if not signed operation, repair, or maintenance of a facility, servitude, or any property owned by the utility. by the governor, upon expiration of the time for bills to become law without signature by the (2) Any person operating a military, law enforcement, or emergency services vehicle while acting governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by in the course and scope of his employment or official duties. the governor and subsequently approved by the legislature, this Act shall become effective on Section 2. This Act shall become effective upon signature by the governor or, if not signed the day following such approval. by the governor, upon expiration of the time for bills to become law without signature by the Approved by the Governor, May 23, 2018. governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by A true copy: the governor and subsequently approved by the legislature, this Act shall become effective on R. Kyle Ardoin the day following such approval. Secretary of State Approved by the Governor, May 23, 2018. A true copy: ACT No. 407 R. Kyle Ardoin - - - Secretary of State SENATE BILL NO. 105 BY SENATORS MORRELL, BARROW, BISHOP AND CARTER ACT No. 404 AN ACT - - - To enact R.S. 14:41.1, relative to rape and sexual battery; to provide that a person is deemed SENATE BILL NO. 69 incapable of consent to sexual conduct with a police officer when the person is under arrest BY SENATORS CLAITOR AND BARROW or otherwise in police custody; and to provide for related matters. AN ACT Be it enacted by the Legislature of Louisiana: To enact Code of Criminal Procedure Article 983(H), relative to expungement; to allow the in Section 1. R.S. 14:41.1 is hereby enacted to read as follows: forma pauperis filing of a motion to expunge a criminal record in accordance with provisions §41.1. Consent; victim in police custody relative to in forma pauperis filings in civil matters; and to provide for related matters. For purposes of this Subpart, a person is deemed incapable of consent when the person is under Be it enacted by the Legislature of Louisiana: arrest or otherwise in the actual custody of a police officer or other law enforcement official and Section 1. Code of Criminal Procedure Article 983(H) is hereby enacted to read as follows: the offender is a police officer or other law enforcement official who either: Art. 983. Costs of expungement of a record; fees; collection; exemptions; disbursements (1) Arrested the person or was responsible for maintaining the person in actual custody. * * * (2) Knows or reasonably should know that the person is under arrest or otherwise in actual H. Notwithstanding any provision of law to the contrary, an applicant for the expungement of custody. a record, other than as provided in Subsections F and G of this Section, may proceed in forma Section 2. This Act shall become effective upon signature by the governor or, if not signed pauperis in accordance with the provisions of Code of Civil Procedure Article 5181 et seq. by the governor, upon expiration of the time for bills to become law without signature by the Approved by the Governor, May 23, 2018. governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by A true copy: the governor and subsequently approved by the legislature, this Act shall become effective on R. Kyle Ardoin the day following such approval. Secretary of State Approved by the Governor, May 23, 2018. A true copy: ACT No. 405 R. Kyle Ardoin - - - Secretary of State SENATE BILL NO. 75 BY SENATOR BOUDREAUX ACT No. 408 AN ACT - - - To amend and reenact R.S. 40:978(F)(2), relative to the prescription monitoring program; to SENATE BILL NO. 168 provide for prescriber notice from his licensing board upon first failure to comply with certain BY SENATOR THOMPSON statutory requirements; to provide for a complaint against the prescriber upon second and AN ACT subsequent failures to comply with certain statutory requirements; and to provide for related To enact R.S. 44:3.5, relative to public records; to exempt certain records of the Department matters. of Agriculture and Forestry from the Public Records Law; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Be it enacted by the Legislature of Louisiana: Section 1. R.S. 40:978(F)(2) is hereby amended and reenacted to read as follows: Section 1. R.S. 44:3.5 is hereby enacted to read as follows: §978. Prescriptions §3.5. Records of the Department of Agriculture and Forestry * * * Nothing in this Chapter shall be construed to require the disclosure of records, or the information F. * * * contained therein, held by the Department of Agriculture and Forestry, which records are: * * * (1) Held by the forestry officers and livestock brand inspectors pertaining to pending criminal (2) The provisions of this Subsection shall be enforced by the health profession licensing board litigation or any criminal litigation which can be reasonably anticipated, until such litigation has that regulates the prescriber. Each health profession licensing board that regulates prescribers been finally adjudicated or otherwise settled. shall promulgate rules and regulations in accordance with the Administrative Procedure Act (2) Pertaining to the Medical Marijuana Program containing the internal procedures, security to comply with the mandate in this Subsection. If a health profession licensing board becomes procedures, security plans, transportation plans, and proprietary information of a licensee. aware of a prescriber’s first failure to comply with this Subsection, as verified by the data of the (3) Emergency Preparedness information specifically pertaining to the location of emergency Prescription Monitoring Program, the board shall notify the prescriber of the relevant statutory fuel and the identity of pets and pet owners during a declared emergency. requirements and inform the prescriber of the need to correct or amend his prescribing practices Section 2. This Act shall become effective upon signature by the governor or, if not signed to comply with the provisions of this Subsection. If a health profession licensing board becomes by the governor, upon expiration of the time for bills to become law without signature by the aware of a second or subsequent failure to comply with this Subsection, as verified by the data governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by of the Prescription Monitoring Program, the board shall treat the notification as a complaint the governor and subsequently approved by the legislature, this Act shall become effective on against the licensee, but shall not consider such notice as evidence of deviation from standard the day following such approval. of care. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 178 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Approved by the Governor, May 23, 2018. of Representatives, sixty days prior to the convening of each regular legislative session. The A true copy: report shall update the legislature on the commission’s progress toward full implementation of R. Kyle Ardoin services and programs in the state to increase increasing prevention and management of the Secretary of State disease of obesity in adults and children. H. The legislative authority for the existence of the commission shall cease on March 31, ACT No. 409 2018 2020. - - - Section 2. This Act shall become effective upon signature by the governor or, if not signed SENATE BILL NO. 207 by the governor, upon expiration of the time for bills to become law without signature by the BY SENATOR BOUDREAUX governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by AN ACT the governor and subsequently approved by the legislature, this Act shall become effective on To amend and reenact R.S. 40:2018.4, relative to the Louisiana Obesity Prevention and the day following such approval. Management Commission; to provide for membership; to provide for the functions of the Approved by the Governor, May 23, 2018. commission; to provide for a termination date of the commission; and to provide for related A true copy: matters. R. Kyle Ardoin Be it enacted by the Legislature of Louisiana: Secretary of State Section 1. R.S. 40:2018.4 is hereby amended and reenacted to read as follows: §2018.4. Louisiana Obesity Prevention and Management Commission ACT No. 410 A. There is hereby established in the Louisiana Department of Health a commission - - - designated the Louisiana Obesity Prevention and Management Commission (“commission”), SENATE BILL NO. 224 composed of ten members as provided for in this Section. The commission may accept and BY SENATORS BARROW, MILKOVICH AND PEACOCK expend grants and private donations from any source, including federal, state, public, and AN ACT private entities, to assist it to carry out its functions. To amend and reenact R.S. 17:262(A), relative to public schools; to require instruction on the B. The powers, functions, and duties of the commission shall include but not be limited to patriotic customs of the United States, including the national motto; to require each public the following: school governing authority to display the national motto in each building it uses and in each (1) Assisting the executive departments and agencies in achieving programmatic goals related school under its jurisdiction; and to provide for related matters. to obesity prevention and management. To this end, the commission shall provide leadership Be it enacted by the Legislature of Louisiana: and support for: Section 1. R.S. 17:262(A) is hereby amended and reenacted to read as follows: (a) Organizational efforts found necessary to achieve programmatic objectives. §262. Flag and patriotic customs of the United States; required instruction (b) Articulating standards through the dissemination of materials, identification of expert A.(1) Not later than the 2000-2001 school year, a A program of instruction on the flag of opinion, identification of alternate means of developing effective population-based programs, the United States of America shall be provided to students by the fifth grade as part of the and development of policy in identified health risks. social studies curriculum in the public elementary schools of this state. Such instruction, at a (c) Creating awareness among payers, providers, and patients of the health risks due to minimum, shall include the history of the American flag, etiquette, customs pertaining to the evidence-based practices to prevent and manage overweight and obesity conditions. display and use of the flag, and such other patrioticexercises customs as provided by and in (d) Enhancing reporting mechanisms of Dissemination of the latest health outcomes data and accordance with the provisions of 36 U.S.C. 170 et seq. on patriotic customs. health trends in the area of overweight and obesity concerns. (2) Not later than the 2019-2020 school year, the program of instruction on patriotic customs (e) Conducting evaluations of program effectiveness. required by this Section shall include instruction on the national motto, “In God We Trust”, and (f) Encouraging research and the identification of resources that seek ways to promote cost- each public school governing authority shall display the national motto in each building it uses effective methods of treating overweight and obesity conditions. and in each school under its jurisdiction. The nature of the display shall be determined by each (2) Assisting in conducting exploratory research as deemed necessary with the intent of governing authority with a minimum requirement of a paper sign. achieving programmatic objectives. * * * (3) Conducting public meetings to discuss obesity. Section 2. This Act shall become effective upon signature by the governor or, if not signed (4) Advising and assisting participating agencies with on the development and implementation by the governor, upon expiration of the time for bills to become law without signature by the of obesity programs. governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by (5) Analyzing what other entities across the state are doing to combat obesity. the governor and subsequently approved by the legislature, this Act shall become effective on (6) Advising the executive departments and agencies as to the implementation of the the day following such approval. commission’s recommendations. Approved by the Governor, May 23, 2018. C. The commission shall convene its first meeting no later than August 31, 2014. At the A true copy: first meeting the chairman and vice chairman of the commission shall be appointed by the R. Kyle Ardoin secretary of the Louisiana Department of Health with the consultation and approval of the Secretary of State commission. The commission may adopt such rules of procedure as are necessary to facilitate ACT No. 411 orderly conduct of its business. - - - D. The commission shall be composed of the following members and sector representation: SENATE BILL NO. 254 (1) The secretary of the Louisiana Department of Health, or his designee. BY SENATOR APPEL (2) The state superintendent of education, or his designee. AN ACT (3) The commissioner of insurance, or his designee. To enact R.S. 17:392.2, relative to dyslexia screening and intervention; to require the State (4) The president of the Senate, or his designee. Board of Elementary and Secondary Education to develop criteria for dyslexia-related (5) The speaker of the House of Representatives, or his designee. ancillary certificates; and to provide for related matters. (6) The director of the Pennington Biomedical Research Center, or his designee. Be it enacted by the Legislature of Louisiana: (7) The director of the Prevention Research Center at Tulane University, or his designee. Section 1. R.S. 17:392.2 is hereby enacted to read as follows: (8) Two members from community-based groups elected by the other commission members §392.2. Dyslexia practitioner; dyslexia therapist; ancillary certificates at their first meeting. These two members shall serve a term of two years and may be elected by A. The State Board of Elementary and Secondary Education shall develop the criteria whereby the other commission members to serve additional terms. a teacher may be issued a dyslexia practitioner ancillary certificate or a dyslexia therapist (9) The director of the Cecil J. Picard Center for Child Development and Lifelong Learning, ancillary certificate. or his designee. B. In addition to any other criteria established by the board, in order to be issued an ancillary (9) The commission shall encourage representation from multisector partners including but not certificate pursuant to this Section, a teacher shall: limited to: (1) Hold a valid Louisiana teaching certificate. (a) City planning and transportation. (2) Demonstrate completion of a multisensory structured language training program accredited (b) Health systems and healthcare providers treating obesity. by a nationally recognized accrediting organization, which shall include: (c) Louisiana Medicaid. (a) For the dyslexia practitioner ancillary certificate, forty-five hours of coursework and sixty (d) Local governments. hours of clinical work that is observed and monitored by a qualified professional. (e) Food banks in the state. (b) For the dyslexia therapist ancillary certificate, two hundred hours of coursework and seven (f) Employer organizations, including but not limited to chambers of commerce. hundred hours of clinical work that is observed and monitored by a qualified professional. (g) Public nonprofit organizations and community-based organizations. (3) Pass a multisensory structured language education-related competency examination (h) Other professionals, as the commission finds necessary, who are addressing the issue of that is administered by a nationally recognized professional organization that issues national obesity in adults and children. certifications. E. Nonlegislative members of the commission shall not be entitled to per diem or any other C. The board shall promulgate rules to implement the provisions of this Section in accordance compensation for their service but shall be entitled to reimbursement of any necessary and with the Administrative Procedure Act not later than July 1, 2019. reasonable expense incurred in the performance of their duties on the commission, including Section 2. This Act shall become effective upon signature by the governor or, if not signed travel expenses. Each legislative member of the commission shall receive the same per diem by the governor, upon expiration of the time for bills to become law without signature by the and travel reimbursement for attending meetings of the commission as is normally provided governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by for members of the legislature. the governor and subsequently approved by the legislature, this Act shall become effective on F. The commission shall meet at least quarterly. Meetings shall also be held on call of the the day following such approval. chairman or at the request of at least three members of the commission. Presence of a majority Approved by the Governor, May 23, 2018. of the members of the commission shall constitute a quorum. A true copy: G. The commission shall submit an annual report, including proposed legislation if R. Kyle Ardoin necessary, to the governor and to the health and welfare committees of the Senate and House 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 179 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 412 abusive parent. - - - B. Whenever the court finds by clear and convincing evidence that a parent has subjected any SENATE BILL NO. 291 of his children, stepchildren, or any household member as defined in R.S. 46:2132, to sexual BY SENATORS BARROW, DONAHUE, GATTI, LUNEAU, MARTINY AND WARD abuse, as defined in R.S. 14:403(A)(4)(b), or has willingly permitted such abuse to any of his or AND REPRESENTATIVES BILLIOT, BOUIE, CARMODY, CARPENTER, ROBBY her children, stepchildren, or a household member, despite having the ability to prevent the abuse, CARTER, CONNICK, COX, CREWS, GISCLAIR, GLOVER, GUINN, LANCE the court shall prohibit all visitation and contact between the abusive parent and the children until HARRIS, HOFFMANN, JACKSON, JEFFERSON, JENKINS, JONES, LYONS, MAGEE, such parent proves by a preponderance of the evidence at a contradictory hearing that he has MARINO, GREGORY MILLER, NORTON, SEABAUGH AND SMITH successfully completed a treatment program designed for such sexual abusers. At the hearing, AN ACT the court shall consider evidence of the abusive parent’s current mental health condition and the To amend and reenact Civil Code Art. 132, 134, and 136(A) and R.S. 9:341 and 364, relative possibility the abusive parent will repeat such conduct in the future. The court and shall order to children; to provide relative to custody and custody awards; to provide relative to factors visitation only if the abusive parent proves by a preponderance of the evidence that visitation in determining best interest of the child; to provide relative to visitation; to provide certain would be in the best interest of the child, and that visitation would not cause physical, emotional, terms, conditions, procedures, and requirements; and to provide for related matters. or psychological damage to the child. Should visitation be allowed, the court shall order such Be it enacted by the Legislature of Louisiana: restrictions, conditions, and safeguards necessary to minimize any risk of harm to the child, Section 1. Civil Code Art. 132, 134, and 136(A) are hereby amended and reenacted to read including supervision of the visitation. All costs incurred in compliance with the provisions of this as follows: Section shall be the responsibility of the abusive parent. Art. 132. Award of custody to parents B C. When visitation has been restricted or prohibited by the court pursuant to Subsection If the parents agree who is to have custody, the court shall award custody in accordance with A Subsections A or B of this Section, and the court subsequently authorizes further restricted their agreement unless the provisions of R.S. 9:364 apply or the best interest of the child requires visitation, the parent whose visitation has been restricted shall not remove the child from the a different award. In Subject to the provisions of R.S. 9:364, in the absence of agreement, or jurisdiction of the court except for good cause shown and with the prior approval of the court. if the agreement is not in the best interest of the child, the court shall award custody to the * * * parents jointly; however, if custody in one parent is shown by clear and convincing evidence to §364. Child custody; visitation serve the best interest of the child, the court shall award custody to that parent. A. There is created a presumption that no parent who has a history of perpetrating family * * * violence, as defined in R.S. 9:362, or domestic abuse, as defined in R.S. 46:2132, or has subjected Art. 134. Factors in determining child’s best interest any of his or her children, stepchildren, or any household member, as defined in R.S. 46:2132, to The A. Except as provided in Paragraph B of this Article, the court shall consider all relevant sexual abuse, as defined in R.S. 14:403(A)(4)(b), or has willingly permitted another to abuse any factors in determining the best interest of the child. Such factors may include, including: of his children or stepchildren, despite having the ability to prevent the abuse, shall be awarded (1) The potential for the child to be abused, as defined by Children’s Code Article 603(2), which sole or joint custody of children. The court may find a history of perpetrating family violence shall be the primary consideration. if the court finds that one incident of family violence has resulted in serious bodily injury or (2) The love, affection, and other emotional ties between each party and the child. the court finds more than one incident of family violence. (2)(3) The capacity and disposition of each party to give the child love, affection, and B. The presumption shall be overcome only if the court finds all of the following by a spiritual guidance and to continue the education and rearing of the child. preponderance of the evidence: (3)(4) The capacity and disposition of each party to provide the child with food, clothing, (1) The that the perpetrating parent has successfully completed a court-monitored domestic medical care, and other material needs. abuse intervention program as defined in R.S. 9:362, or a treatment program designed for sexual (4)(5) The length of time the child has lived in a stable, adequate environment, and the abusers, after the last instance of abuse. desirability of maintaining continuity of that environment. (2) The perpetrating parent is not abusing alcohol and the or using illegal use of drugs (5)(6) The permanence, as a family unit, of the existing or proposed custodial home or homes. substances scheduled in R.S. 40:964, and. (6)(7) The moral fitness of each party, insofar as it affects the welfare of the child. (3) The that the best interest of the child or children, considering the factors listed in Civil Code (7) The mental and physical health of each party. Article 134, requires that the perpetrating parent’s participation as a custodial parent because (8) The history of substance abuse, violence, or criminal activity of any party. of the other parent’s absence, mental illness, or substance abuse, or such other circumstances (9) The mental and physical health of each party. Evidence that an abused parent suffers from circumstance which affect negatively affecting the best interest of the child or children. the effects of past abuse by the other parent shall not be grounds for denying that parent custody. C. The fact that the abused parent suffers from the effects of the abuse shall not be grounds (8)(10) The home, school, and community history of the child. for denying that parent custody (9)(11) The reasonable preference of the child, if the court deems the child to be of sufficient B.D. If the court finds that both parents have a history of perpetrating family violence, age to express a preference. custody shall be awarded solely to the parent who is less likely to continue to perpetrate family (10)(12) The willingness and ability of each party to facilitate and encourage a close violence. In such a case, the court shall mandate completion of a court-monitored domestic and continuing relationship between the child and the other party, except when objectively abuse intervention program by the custodial parent. If necessary to protect the welfare of the substantial evidence of specific abusive, reckless, or illegal conduct has caused one party to have child, custody may be awarded to a suitable third person pursuant to Civil Code Article 133, reasonable concerns for the child’s safety or well-being while in the care of the other party. provided that the person would not allow access to a violent parent except as ordered by the (11)(13) The distance between the respective residences of the parties. court. (12)(14) The responsibility for the care and rearing of the child previously exercised by each C.E. If the court finds that a parent has a history of perpetrating family violence, the court party. shall allow only supervised child visitation with that parent, conditioned upon that parent’s B. In cases involving a history of committing family violence, as defined in R.S. 9:362, or participation in and completion of a court-monitored domestic abuse intervention program. domestic abuse, as defined in R.S. 46:2132, including sexual abuse, as defined in R.S. 14:403(A) Unsupervised visitation shall be allowed only if it is shown by a preponderance of the evidence (4)(b), whether or not a party has sought relief under any applicable law, the court shall determine that the violent parent has completed a treatment program, is not abusing alcohol and an award of custody or visitation in accordance with R.S. 9:341 and 364. The court may only find psychoactive drugs, and poses no danger to the child, and that such visitation is in the child’s a history of committing family violence if the court finds that one incident of family violence has best interest pursuant to R.S. 9:341. resulted in serious bodily injury or the court finds more than one incident of family violence. D.F. If any court finds, by clear and convincing evidence, that a parent has sexually abused his * * * or her child or children, the court shall prohibit all visitation and contact between the abusive Art. 136. Award of visitation rights parent and the children, until such time, following a contradictory hearing, that the court A. A Subject to R.S. 9:341 and 364, a parent not granted custody or joint custody of a child finds, by a preponderance of the evidence, that the abusive parent has successfully completed is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation a treatment program designed for such sexual abusers, and that supervised visitation is in the would not be in the best interest of the child. children’s best interest pursuant to R.S. 9:341. * * * Section 3. This Act shall become effective upon signature by the governor or, if not signed Section 2. R.S. 9:341 and 364 are hereby amended and reenacted to read as follows: by the governor, upon expiration of the time for bills to become law without signature by the §341. Restriction on visitation governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by A. Whenever the court finds by a preponderance of the evidence that a parent has subjected the governor and subsequently approved by the legislature, this Act shall become effective on any of his or her child to physical abuse, or sexual abuse or exploitation, children or stepchildren the day following such approval. to family violence, as defined in R.S. 9:362, or domestic abuse, as defined in R.S. 46:2132, or has Approved by the Governor, May 23, 2018. permitted such abuse or exploitation of the child, the court has subjected any other household A true copy: member, as defined in R.S. 46:2132, to a history of family violence as defined in R.S. 9:364(A), or R. Kyle Ardoin has willingly permitted such abuse to any of his or her children or stepchildren despite having the Secretary of State ability to prevent it, shall prohibit allow only supervised visitation between the abusive parent and the abused child or children until such parent proves by a preponderance of the evidence at a contradictory hearing that the abusive parent has successfully completed a court monitored ACT No. 413 domestic abuse intervention program, as defined in R.S. 9:362(3), since the last incident of - - - domestic violence or family abuse. At the hearing, the court shall consider evidence of the abusive SENATE BILL NO. 401 parent’s current mental health condition and the possibility the abusive parent will again subject BY SENATOR MIZELL AND REPRESENTATIVE WHITE his children. stepchildren, or other household member to family violence or domestic abuse, or AN ACT willingly permit such abuse to any of his or her children or stepchildren despite having the ability To enact R.S. 17:1381, relative to the consolidation of school systems; to create a commission to prevent it. The court shall order visitation only if the abusive parent proves by a preponderance to study the feasibility of consolidating the Bogalusa City and Washington Parish school of the evidence that visitation would be in the best interest of the child, considering the factors systems; to provide for the membership, meetings, and duties and responsibilities of in Civil Code Article 134, and would not cause physical, emotional, or psychological damage to the commission; to provide for reporting; to provide for a public hearing; to provide for the child. Should visitation be allowed, the court shall order such restrictions, conditions, and termination of the commission; and to provide for related matters. safeguards necessary to minimize any risk of harm to the child, including continued supervision. Notice of intention to introduce this Act has been published. All costs incurred in compliance with the provisions of this Section shall be borne by the Be it enacted by the Legislature of Louisiana: THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 180 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Section 1. R.S. 17:1381 is hereby enacted to read as follows: (v) Curriculum and instruction. §1381. Washington Parish and Bogalusa City school systems; consolidation study commission; (vi) Student enrollment. creation; membership; duties and responsibilities (vii) Student transportation. A. The Bogalusa/Washington School System Consolidation Commission is hereby created for (viii) Teachers and other school personnel. the purpose of studying the feasibility of consolidating the Bogalusa City School System and the (ix) Data management. Washington Parish School System. (x) Any other issues or considerations identified by the commission. B. The commission shall consist of the following members: I.(1) The commission shall submit a written report of its findings, conclusions, and (1) The president of the Bogalusa City School Board. recommendations to the Bogalusa City School Board and the Washington Parish School Board (2)The superintendent of the Bogalusa City School System. not later than August 31, 2019. (3) The president of the Washington Parish School Board. (2) Prior to adoption of the final report, the commission shall hold a public hearing on its (4) The superintendent of the Washington Parish School System. findings, recommendations, and plans developed for consolidating the two school systems. The (5) The mayor of the city of Bogalusa. commission shall publish public notice of the meeting in a newspaper with parishwide circulation (6) The mayor of the city of Franklinton. at least twenty days prior to the hearing and a copy of the report shall be made available for public (7) The president of Washington Parish, or his designee. inspection prior to the hearing. (8) The president of the Bogalusa Chamber of Commerce or his designee, who shall be a (3) The final report shall be posted on the website of both school systems in a manner that member of the chamber. provides easy access to the report by parents and the public. (9) The president of the Franklinton Chamber of Commerce or his designee, who shall be a J. The commission shall terminate on September 1, 2019. member of the chamber. Section 2. This Act shall become effective upon signature by the governor or, if not signed (10) One parent of a child enrolled in a school in the Bogalusa City School System, appointed by the governor, upon expiration of the time for bills to become law without signature by the by the president of the Bogalusa City School Board. governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by (11) One parent of a child enrolled in a school in the Washington Parish School System, the governor and subsequently approved by the legislature, this Act shall become effective on appointed by the president of the Washington Parish School Board. the day following such approval. (12) Three parents who have a child enrolled in a public school in either the Bogalusa City School Approved by the Governor, May 23, 2018. System or the Washington Parish School System, one appointed by the state representative who A true copy: represents House District No. 75, one appointed by the state representative who represents House R. Kyle Ardoin District No. 74, and one appointed by the state senator who represents Senate District No. 12. Secretary of State (13) One teacher who teaches at a school in the Bogalusa City School System or the Washington Parish School System, appointed by the Louisiana Federation of Teachers. ACT No. 414 (14) One teacher who teaches at a school in the Bogalusa City School System or the Washington - - - Parish School System, appointed by the Louisiana Association of Educators. SENATE BILL NO. 402 (15) One principal of a school in the Bogalusa City School System or the Washington Parish BY SENATORS RISER AND JOHN SMITH School System, appointed by the Louisiana Association of Principals. AN ACT (16) One member of the clergy who resides within the geographic boundaries of the Bogalusa To amend and reenact R.S. 40:1379.3(U)(2) and (5), relative to concealed handguns; to provide City School System, appointed by the Help Center of Churches. relative to concealed handguns carried by authorized persons in houses of worship; to provide (17) One member of the clergy who resides within the geographic boundaries of the Washington for certain tactical training; to provide for requirements for certain religious organizations Parish School System, appointed by the Help Center of Churches. to allow concealed handguns to be carried in places of worship pursuant to valid handgun (18) The state representative who represents House District No. 75. permits; and to provide for related matters. (19) The state representative who represents House District No. 74. Be it enacted by the Legislature of Louisiana: (20) The state senator who represents Senate District No. 12. Section 1. R.S. 40:1379.3(U)(2) and (5) are hereby amended and reenacted to read as follows: (21) The director of finance for the Bogalusa City School Board. §1379.3. Statewide permits for concealed handguns; application procedures; definitions (22) The director of finance for the Washington Parish School Board. * * * C. Members of the commission shall serve without compensation or a per diem for their services U. * * * or attendance at commission meetings. (2) The provisions of this Subsection shall not be construed to limit or prohibit any church, D. The members of the commission shall elect such officers and create such subcommittees as synagogue, or mosque from employing or designating as armed security guards persons who they deem necessary to fulfill the commission’s duties and responsibilities. are either certified law enforcement officers orwho are authorized to carry concealed handguns E.(1) The president of the Bogalusa City School Board and the president of the Washington pursuant to the provisions of this Section. Armed security guards as provided in this Paragraph Parish School Board shall jointly call the first meeting, which shall be held no later than September may be compensated, noncompensated, or volunteers. 1, 2018. The commission shall meet at least monthly, but additional meetings may be called by the * * * chairman or upon request of a majority of the members of the commission. (5) Any church, synagogue, or mosque authorizing the carrying of concealed handguns (2)(a) All meetings of the commission shall be held in accordance with the Open Meetings Law pursuant to the provisions of this Subsection shall require an additional eight hour hours and official minutes and records of all meetings shall be kept. of tactical training for those persons wishing to carry concealed handguns in the church, (b) All documents and proceedings of the commission shall be posted on the website of the synagogue, or mosque if required by the entity which has authority over the religious organization Bogalusa City School System and the Washington Parish School System. pursuant to Paragraph (1) of this Subsection or by the owner of the building’s liability insurance (3) A majority of the membership of the commission shall constitute a quorum for the policy. The training shall be conducted annually. transaction of business. * * * F. The commission shall be domiciled in Franklinton, Louisiana, but the meeting site shall Approved by the Governor, May 23, 2018. alternate between the city of Bogalusa and the city of Franklinton. A true copy: G. The Bogalusa City School System and the Washington Parish School System shall provide R. Kyle Ardoin staff support and resources to the commission. Secretary of State H. The commission shall: (1) Determine the feasibility of consolidating the Bogalusa City School System and the ACT No. 415 Washington Parish School System, thereby creating a unified school district, the geographic - - - boundaries of which shall be coterminous with the geographic boundaries of Washington Parish. SENATE BILL NO. 441 (2) If the commission determines that consolidating the two school systems is in the best interest BY SENATOR MORRELL AND of the students in each respective school system and the parish as a whole, the commission shall REPRESENTATIVES DUPLESSIS, DWIGHT AND HODGES formulate a plan and timeline to effect the consolidation. Such plan, at a minimum, shall provide AN ACT for: To enact R.S. 14:99.2, relative to criminal acts; to create the crime of reckless operation of an (a) Passage of a resolution by each school board calling for an election to gain voter approval of off-road vehicle; to provide for elements of the offense; to provide for penalties; to provide the consolidation in accordance with Article VIII, Section 10(C) of the Constitution of Louisiana for forfeiture of the vehicle; to provide for exceptions; and to provide for related matters. and R.S. 17:1379. Be it enacted by the Legislature of Louisiana: (b) The establishment and composition of a school board for the consolidated school system, Section 1. R.S. 14:99.2 is hereby enacted to read as follows: including the election and qualification of members and apportionment of the districts of board §99.2. Reckless operation of an off-road vehicle members, all in accordance with applicable state law. A. Reckless operation of an off-road vehicle is the operation of any off-road vehicle in a (c) The establishment and membership of an interim school board to ensure a coordinated, criminally negligent or reckless manner upon any public roadway or right of way. collaborative, and seamless transition of governance and provision of educational services to all B.(1) For purposes of this Section, “off-road vehicle” shall include but not be limited to three- students until a new school board is created and elected. wheelers, four-wheelers, dirt bikes, or other all-terrain vehicles that are not specifically designed (d) Contracts, agreements, or memoranda of understanding that might be needed to effect the for use on public roads and highways. consolidation. (2) For the purposes of this Section, acts which may constitute reckless operation of an off- (e) Any federal court order, judgment, or consent decree in effect. road vehicle shall include but not be limited to operating the vehicle on a public roadway or right (f) Policies and processes to address: of way in a manner that: (i) Governance and administration of the school system and schools. (a) Forces another vehicle to leave the roadway. (ii) Financial matters, including existing tax structure, taxing districts, bond issues, and debt, (b) Collides with another vehicle or person. and the creation of a budget for the consolidated school system. (c) Exceeds the posted speed limit. (iii) Transfer of buildings, facilities, and movable and immovable property owned by each (d) Travels against the flow of traffic. respective school system. (e) Disregards traffic control devices. (iv) Number of schools and grade distribution within the schools. (f) Drives around or between standing or moving vehicles without regard to lanes of traffic. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 181 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. (g) Impedes traffic flow. Art. 404. Appointment of jury commissions; term of office; oath; quorum; performance of (h) Travels off the roadway and back on to the roadway deliberately. functions of jury commissions in certain parishes (3) For purposes of this Section, reckless operation of an off-road vehicle shall also include * * * operating the vehicle on a public roadway or right of way: H. In the parishes of Caldwell, Claiborne, DeSoto, Union, and Webster, the function of (a) While performing stunts of showmanship, such as riding wheelies or acrobatic stunts. the jury commission shall be performed by the clerks of court of Caldwell Parish, Claiborne (b) While harassing the drivers of other vehicles or pedestrians by verbal taunting or making Parish, DeSoto Parish, Union Parish, and Webster Parish or by a deputy clerk of court threatening gestures. designated by the respective clerk in writing to act in his stead in all matters affecting the jury (c) While corralling an occupied vehicle or a pedestrian. commission. The clerk of court or his designated deputy shall have the same powers, duties, C. It shall be unlawful for a person to solicit or to assist in soliciting participation in any rally, and responsibilities, and shall be governed by all applicable provisions of law pertaining to ride, or gathering that encourages the violation of this Section by the use of a computer online jury commissioners. The clerks of court of Caldwell Parish, Claiborne Parish, DeSoto Parish, service, internet service, or any other means of electronic communication, including but not Union Parish, and Webster Parish shall perform the duties and responsibilities otherwise limited to a local bulletin board service, internet chat room, electronic mail, social media, or imposed upon him by law with respect to jury venires, shall coordinate the jury venire process, online messaging service. and shall receive the compensation generally authorized for a jury commissioner. D. Any drivers of motor vehicles participating in or traveling in support of persons in violation of Approved by the Governor, May 23, 2018. this Section shall be considered in violation of this Section. Persons who are directly participating A true copy: in this activity by photographing or filming violations of this Section to document the activity R. Kyle Ardoin for the riders shall also be considered in violation of this Section. This Section shall not apply Secretary of State to individuals who are not participating in the violation of this Section and who are filming or photographing. ACT No. 418 E.(1) Whoever commits a violation of this Section shall be fined not more than five hundred - - - dollars, or imprisoned for not more than ninety days, or both. SENATE BILL NO. 484 (2) In addition to any other sentence, the court shall order, upon motion of the prosecuting BY SENATOR PERRY district attorney, that the off-road vehicle being operated by the offender at the time of the offense AN ACT be seized and impounded and destroyed when: To amend and reenact R.S. 42:1135, relative to the Board of Ethics; to provide relative to (a) The driver was wearing a hood, mask, or disguise of any kind with the intent to hide or the enforcement of a regulation, decision, or order of the board; to authorize any court conceal his identity during the commission of the crime of reckless operation of an off-road of competent jurisdiction to convert a final order of the board into a court order; and to vehicle. provide for related matters. (b) It is a second or subsequent conviction for the offender pursuant to this Section. Be it enacted by the Legislature of Louisiana: (c) The driver has a previous conviction in this state or under a similar law in another state for: Section 1. R.S. 42:1135 is hereby amended and reenacted to read as follows: (i) R.S. 14:96, aggravated obstruction of a highway of commerce. §1135. Enforcement of regulation, decision, or order of the Board of Ethics (ii) R.S. 14:97, simple obstruction of a highway of commerce. The Board of Ethics shall have the right to enforce any valid regulation, final decision, or (iii) R.S. 14:99, reckless operation. final order of the Board of Ethics or the Ethics Adjudicatory Board in any court of competent (iv) R.S. 14:108, resisting an officer. jurisdiction in this state by a mandamus or injunction suit brought for that purpose. The (3) Notwithstanding the provisions of Paragraph (2) of this Subsection, the off-road vehicle district court for the parish wherein the Board of Ethics is domiciled Any court of competent shall not be destroyed if it was stolen, or if the driver of the off-road vehicle at the time of the jurisdiction in this state shall have authority to convert a valid final decision or final order into violation was not the owner and the owner did not know that the driver was operating the off- a court order, upon receipt from the Board of Ethics of a rule to show cause for that purpose. road vehicle in violation of this Section. However, the off-road vehicle shall not be released from Approved by the Governor, May 23, 2018. impoundment until such time as towing and storage fees have been paid. In addition, the off-road A true copy: vehicle shall not be destroyed if the towing and storage fees are paid by a valid lien holder. R. Kyle Ardoin (4) If the district attorney elects to seize and impound the off-road vehicle, he shall file a written Secretary of State motion at least five days prior to sentencing, stating his intention to destroy the off-road vehicle. When the district attorney elects to seize, impound, and destroy the off-road vehicle, the court ACT No. 419 shall order it seized and impounded. The court shall also order the vehicle destroyed unless the - - - provisions of Paragraph (3) of this Subsection are applicable. SENATE BILL NO. 497 Approved by the Governor, May 23, 2018. BY SENATOR CORTEZ A true copy: AN ACT R. Kyle Ardoin To amend and reenact R.S. 19:139(A) and (D), relative to the city of Lafayette and parish of Secretary of State Lafayette; to provide for the expropriation of certain property; and to provide for related matters. ACT No. 416 Notice of intention to introduce this Act has been published. - - - Be it enacted by the Legislature of Louisiana: SENATE BILL NO. 466 Section 1. R.S. 19:139(A) and (D) are hereby amended and reenacted to read as follows: BY SENATOR PRICE §139. City of Lafayette and parish of Lafayette; Kaliste Saloom Road Widening Project or AN ACT drainage, road, or bridge projects; acquisition of property prior to judgment; definitions To amend and reenact R.S. 9:3252, relative to residential leases; to provide for the return of a A. When the governing authority cannot amicably acquire property needed by the city of security deposit; to provide relative to recovery of certain amounts for failure to comply; to Lafayette and the parish of Lafayette for the Kaliste Saloom Road Widening Project or for provide for certain actions; and to provide for related matters. the construction, repair, or enhancement of drainage, roads, or bridges, it may acquire the same Be it enacted by the Legislature of Louisiana: by expropriation and may acquire the property prior to judgment in the trial court fixing the Section 1. R.S. 9:3252 is hereby amended and reenacted to read as follows: amount of compensation due to the owner of the property. §3252. Damages; venue Failure of lessor to comply; recovery of amounts by lessee; venue * * * A. The willful failure to comply with R.S. 9:3251 shall give the tenant or lessee the right to D. As used in this Part, the term “property” means any portion of immovable property, recover actual damages or two hundred dollars any portion of the security deposit wrongfully including servitudes, rights-of-way, and other rights in or to immovable property; the term retained and three hundred dollars or twice the amount of the portion of the security deposit “governing authority” means the city of Lafayette and parish of Lafayette; and the term wrongfully retained, whichever is greater, from the landlord or lessor, or from the lessor’s “project” means the Kaliste Saloom Road Widening Project or the construction, repair, or successor in interest. Failure to remit within thirty days after written demand for a refund shall enhancement of drainage, roads, or bridges. constitute willful failure. Approved by the Governor, May 23, 2018. B. An action for recovery of such damages may be brought in the parish of the lessor’s A true copy: domicile or in the parish where the property is situated. R. Kyle Ardoin Section 2. The provisions of this Act shall become effective January 1, 2019. Secretary of State Approved by the Governor, May 23, 2018. A true copy: ACT No. 420 R. Kyle Ardoin - - - Secretary of State SENATE BILL NO. 518 BY SENATOR APPEL ACT No. 417 AN ACT - - - To amend and reenact R.S. 33:9091.24(F)(7), relative to the University Neighborhood Security SENATE BILL NO. 471 and Improvement District in the parish of Orleans; to provide for the collection of proceeds BY SENATOR RISER of fees; and to provide for related matters. AN ACT Notice of intention to introduce this Act has been published. To amend and reenact Code of Criminal Procedure Art. 404(H), relative to jury commissions; Be it enacted by the Legislature of Louisiana: to provide for the functions of the jury commission in the parish of Caldwell; to transfer the Section 1. R.S. 33:9091.24(F)(7) is hereby amended and reenacted to read as follows: functions of the jury commission to the clerk of court of Caldwell Parish; and to provide §9091.24. University Neighborhood Security and Improvement District for related matters. * * * Be it enacted by the Legislature of Louisiana: F. * * * Section 1. Code of Criminal Procedure Art. 404(H) is hereby amended and reenacted to (7)(a) The proceeds of the fee shall be used solely and exclusively for the purpose and benefit read as follows: of the district; however, the Orleans Parish Sheriff Department of Finance for the city of New THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 182 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. Orleans may retain one percent of the amount collected as a collection fee. 22:1006.1(C), (D), and (E) and 1651(J) are hereby enacted to read as follows: (b) The Orleans Parish Sheriff Department of Finance for the city of New Orleans shall remit §1006.1. Prior authorization forms required; criteria to the district all amounts collected not more than sixty days after collection. A. As used in this Section: * * * * * * Section 2. This Act shall become effective upon signature by the governor or, if not signed (4) “Prior authorization form” shall mean a standardized, uniform application developed by by the governor, upon expiration of the time for bills to become law without signature by the a health insurance issuer single uniform prescription drug prior authorization form used by all governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by health insurance issuers, including any health insurance issuer pharmacy benefit managers, for the governor and subsequently approved by the legislature, this Act shall become effective on the purpose of obtaining prior authorization. the day following such approval. B. Notwithstanding any other provision of law to the contrary, in order to establish uniformity Approved by the Governor, May 23, 2018. in the submission of prescription drug prior authorization forms, on and after January 1, 2013 A true copy: 2019, a health insurance issuer shall utilize only a single, standardized prior authorization R. Kyle Ardoin uniform prescription drug prior authorization form for obtaining any prior authorization Secretary of State for prescription drug benefits. The requirement for a single uniform prescription drug prior authorization form shall not apply to prior authorization of specialty drugs or in cases where ACT No. 421 electronic prescriptions are utilized. The form shall not exceed two pages in length, excluding - - - any instructions or guiding documentation. The only form allowable for use shall be the form SENATE BILL NO. 539 jointly promulgated by the Louisiana Board of Pharmacy and the Louisiana State Board of BY SENATORS LAMBERT AND ERDEY Medical Examiners. A health insurance issuer may include issuer specific information on the AN ACT form, including but not limited to the issuer’s name, address, logo, and other contact information To amend and reenact R.S. 38:3304(A) and to enact R.S. 38:3304(C), relative to the Amite for the issuer. A health insurance issuer may make the form accessible through multiple River Basin Drainage and Water Conservation District; to provide for meetings of the computer operating systems. Additionally, the health insurance issuer shall submit its prior board; to require compliance with the Open Meetings Law; to provide for the location of the authorization forms to the Department of Insurance to be kept on file on or after January 1, meetings; and to provide for related matters. 2013. A copy of any subsequent replacements or modifications of a health insurance issuer’s Be it enacted by the Legislature of Louisiana: prior authorization form shall be filed with the Department of Insurance within fifteen days Section 1. R.S. 38:3304(A) is hereby amended and reenacted and R.S. 38:3304(C) is hereby prior to use or implementation of such replacements or modifications. enacted to read as follows: C. The Louisiana Board of Pharmacy and the Louisiana State Board of Medical Examiners §3304. Meetings of board; quorum; officers; removal of commissioners; salaries and shall promulgate rules and regulations prior to January 1, 2019, that establish the form that expenses; requirements; frequency and location shall be utilized by all health insurance issuers. The boards may consult with the health insurance A. A majority of the commissioners shall constitute a quorum to do business. They shall issuers, Medicaid managed care organizations, Louisiana Department of Health, and Department organize and elect a president and a vice president from their members and such other of Insurance as necessary in development of the prior authorization form. officers as the board deems necessary. They shall appoint a secretary and an attorney. They D. The Department of Insurance, under its authority in this Title, shall assess sanctions against shall designate the time and select the place for holding their regular sessions which may be any health insurance issuer that directly, or through its pharmacy benefit managers, utilizes any convened at any time upon call of the president or upon call of two of the commissioners. The prescription drug prior authorization form other than the single uniform prescription drug prior salary of the secretary shall be fixed by the board. authorization form provided for in this Section. * * * E. The single uniform prescription drug prior authorization form provided for in this Section C.(1) The board shall adhere to the Open Meetings Law, R.S. 42:11 et seq. The board shall shall be the same as provided for in R.S. 46:460.33. operate under Robert’s Rules of Order. §1651. Licensure required (2) The board shall designate the time and select the place for holding its regular sessions, which * * * may be convened at any time upon call of the president or upon call of two of the commissioners, J.(1) Notwithstanding any provision of law to the contrary, an insurer or pharmacy benefit but the board shall meet at least quarterly. All meetings of the board shall be held at a meeting manager shall not require any license, accreditation, affiliation, or registration other than those space located in a public building and open to the public for the purposes of the meetings. The required by federal or state government. Any contract provision in conflict with this Subsection location of the meetings shall be rotated among public buildings in Ascension, East Baton Rouge, shall be severable from the contract, considered null and void, and not enforceable in this state. and Livingston parishes. (2) If any insurer or pharmacy benefit manager denies the jurisdiction, regulatory, or licensing Approved by the Governor, May 23, 2018. authority of the Department of Insurance, the attorney general shall have authority to enforce A true copy: any provisions of this Subsection, as well as subjecting the insurer or pharmacy benefit manager R. Kyle Ardoin to the provisions of R.S. 51:1401 et seq. Secretary of State Section 2. R.S. 46:460.33 is hereby amended and reenacted to read as follows: §460.33. Prior authorization form; requirements ACT No. 422 A. There shall be a single uniform prescription drug prior authorization form used by all - - - Medicaid managed care organizations, including any Medicaid managed care organization SENATE BILL NO. 543 pharmacy benefit managers. The requirement for a single uniform prescription drug prior BY SENATOR LAMBERT authorization form shall not apply to prior authorization of specialty drugs or in cases where AN ACT electronic prescriptions are utilized. All managed care organizations shall accept, in addition To amend and reenact Code of Civil Procedure Art. 3422, relative to small successions; to to any currently accepted facsimile and electronic prior authorization forms, a standard use a provide relative to court costs; and to provide for related matters. single uniform prescription drug prior authorization form, not to exceed two pages, excluding Be it enacted by the Legislature of Louisiana: guidelines or instructions, that has been duly jointly promulgated by the department Louisiana Section 1. Code of Civil Procedure Art. 3422 is hereby amended and reenacted to read as Board of Pharmacy and the Louisiana State Board of Medical Examiners in accordance with the follows: Administrative Procedure Act. A Medicaid managed care organization may include organization Art. 3422. Court costs; compensation specific information on the form, including but not limited to the organization’s name, address, In judicial proceedings under this Title, the following schedule of costs, compensation, and logo, and other contact information for the organization. A health care provider may submit the fees shall prevail: prior authorization form electronically if the Medicaid managed care organization allows for (1) Court costs for successions valued less than seventy-five one hundred twenty-five thousand submission of the form in this manner. dollars shall be one-half the court costs in similar proceedings in larger successions, but the B. The department Louisiana Board of Pharmacy and the Louisiana State Board of Medical minimum costs in any case shall be five dollars; and Examiners shall promulgate rules and regulations prior to January 1, 2014 2019, that establish (2) The compensation of the succession representative shall be not more than five percent of the form which shall be utilized by all Medicaid managed care organizations. The department the gross assets of the succession. boards may consult with the health insurance issuers, Medicaid managed care organizations, Approved by the Governor, May 23, 2018. Louisiana Department of Health, and Department of Insurance as necessary in development of A true copy: the prior authorization form. R. Kyle Ardoin C. Pursuant to its contract with any Medicaid managed care organization, the department shall Secretary of State assess sanctions against any Medicaid managed care organization that directly or through its pharmacy benefit managers, utilizes any prescription drug prior authorization form other than the ACT No. 423 single uniform prescription drug prior authorization form provided for in this Section. - - - D. The single uniform prescription drug prior authorization form provided for in this Section SENATE BILL NO. 29 shall be the same as provided for in R.S. 22:1006.1. BY SENATOR MILLS Section 3. The provisions of this Section and Section 1 of this Act shall become effective AN ACT upon signature by the governor or, if not signed by the governor, upon expiration of the time To amend and reenact R.S. 22:1006.1(A)(4) and (B) and R.S. 46:460.33 and to enact R.S. for bills to become law without signature by the governor, as provided by Article III, Section 18 22:1006.1(C), (D), and (E), and 1651(J), relative to a single uniform prescription drug prior of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the authorization form; to provide for applicability to health insurance issuers and Medicaid legislature, this Section and Section 1 of this Act shall become effective on the day following managed care organizations; to provide for promulgation of the form by the Louisiana such approval. Board of Pharmacy and the Louisiana State Board of Medical Examiners; to provide for Section 4. The provisions of this Section and Section 2 of this Act shall become effective on the authority to impose sanctions pursuant to current regulatory and contract authority; to January 1, 2019. provide for licensure requirement; to provide for an effective date; and to provide for related Approved by the Governor, May 25, 2018. matters. A true copy: Be it enacted by the Legislature of Louisiana: R. Kyle Ardoin Section 1. R.S. 22:1006.1(A)(4) and (B) are hereby amended and reenacted and R.S. 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 183 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 424 C.(1)(2) The registrar shall prepare a supplemental list, arranged alphabetically by precinct, - - - of the names of all persons from whom absentee ballots by mail have been received after the HOUSE BILL NO. 198 last day for early voting and before election day. The registrar shall deliver the supplemental BY REPRESENTATIVE SIMON list for each precinct to the parish custodian. The parish custodian shall then deliver the AN ACT supplemental list for each precinct to the deputy parish custodian appointed for that precinct To amend and reenact R.S. 46:2631 and 2635(A), relative to the Traumatic Head and Spinal when the key envelopes are delivered as provided in R.S. 18:553(A). The registrar shall ensure Cord Injury Trust Fund; to provide for the purposes of the fund; to provide for the that the list is available for inspection by members of the public at the principal office of the distribution of funding; to ensure that the fund is used as a funding source of last resort; to registrar when the office is open and retain a copy of the supplemental list for use by the parish specify that Medicare and Medicaid sources shall be expended before using monies in the board of election supervisors on election night and shall post a copy of the supplemental list fund; and to provide for related matters. in a conspicuous place accessible to the public at the entrance to his office. Be it enacted by the Legislature of Louisiana: (3)(a) The lists produced pursuant to Paragraphs (1) and (2) of this Subsection shall be Section 1. R.S. 46:2631 and 2635(A) are hereby amended and reenacted to read as follows: posted on the website of the secretary of state at least until the election returns have been §2631. Purpose promulgated. The purpose of this Chapter is to provide for the development of a rehabilitation program (b) The registrar shall post notice at the entrance to his office informing the public of the for persons disabled by traumatic head and spinal cord injuries through the establishment of availability of the lists produced pursuant to Paragraphs (1) and (2) of this Subsection. a trust fund in the state treasury to be funded by additional fees imposed on motor vehicle (2) B. The registrar shall include the first absentee ballot received from a person voting by violations in this state for the offenses of driving under the influence, reckless operation, mail, if timely received, with those to be counted by the board. Any second or subsequent and speeding. The purpose of the Traumatic Head and Spinal Cord Injury Trust Fund is to ballot received from such person shall be considered not timely received. provide Louisiana citizens who survive traumatic head or spinal cord injuries a source of funds (3) C. The registrar shall print an absentee by mail voter report from the state voter for services enabling them with assistance to return to a reasonable level of functioning and registration computer system listing all voters from whom he has received absentee by mail independent living in their communities. ballots before election day; he shall certify to the correctness of the report and deliver the * * * report to the parish board of election supervisors on election day for use in the tabulation and §2635. Expenditures counting of absentee by mail ballots. A. Except as provided in R.S. 46:2633(D)(2), money in the trust fund shall be distributed * * * for the sole purpose of funding the cost of care or supportive services for traumatic head and E. The commissioners at the polling place shall use the supplemental list provided for in spinal cord injury, including the administrative costs attributable to services provided by the Subsection C Paragraph (A)(2) of this Section to insure ensure that persons who have voted trust fund program. The fund shall be considered as a source of last resort after private and absentee by mail do not vote in person at the polls on election day. governmental Medicare and Medicaid sources have been expended for Louisiana citizens. Approved by the Governor, May 23, 2018. * * * A true copy: Section 2. This Act shall become effective upon signature by the governor or, if not signed R. Kyle Ardoin by the governor, upon expiration of the time for bills to become law without signature by the Secretary of State governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval. ACT No. 426 Approved by the Governor, May 23, 2018. - - - A true copy: HOUSE BILL NO. 261 R. Kyle Ardoin BY REPRESENTATIVE MARINO AND SENATOR CARTER Secretary of State AN ACT To amend and reenact R.S. 14:285(A)(1), (2), (4), and (5) and (B) and to enact R.S. 14:285(E), ACT No. 425 relative to unlawful telephone and telecommunications device communications; to prohibit - - - the use of any telecommunications device to send certain types of communications; to HOUSE BILL NO. 211 provide for definitions; and to provide for related matters. BY REPRESENTATIVE JACKSON Be it enacted by the Legislature of Louisiana: AN ACT Section 1. R.S. 14:285(A)(1), (2), (4), and (5) and (B) are hereby amended and reenacted and To amend and reenact R.S. 18:154(B) and 1311(B), (C), and (E) and to enact R.S. 18:1311(A), R.S. 14:285(E) is hereby enacted to read as follows: relative to records of the registrar of voters; to repeal a requirement that the registrar post §285. Telephone Unlawful communications; telephones and telecommunications devices; certain lists at a certain place; to require the registrar to make the lists available for public communications; improper language; harassment; penalty inspection at certain times; to require the lists to be posted on the website of the secretary A. No person shall: of state; to repeal the requirement that a certain number of voters make a written request in (1) Engage in or institute a telephone call, telephone conversation, or telephone conference, order to be allowed to copy the lists; and to provide for related matters. with another person, or use any telecommunications device to send any text message or other Be it enacted by the Legislature of Louisiana: message to another person directly, anonymously or otherwise, and therein use obscene, Section 1. R.S. 18:154(B) and 1311(B), (C), and (E) are hereby amended and reenacted and profane, vulgar, lewd, or lascivious, or indecent language, or make any suggestion or proposal R.S. 18:1311(A) is hereby enacted to read as follows: of an obscene nature or threaten any illegal or immoral act with the intent to coerce, intimidate, §154. Records open to inspection; copying; exceptions or harass another any person. * * * (2) Make repeated telephone communications or send repeated text messages or other B.(1)(a) When If twenty-five or more qualified voters of a parish make a request in writing, messages using any telecommunications device directly to a person anonymously or otherwise that the registrar shall permit the copying of any part of his records, except the early voting in a manner reasonably expected to annoy, abuse, torment, harass, embarrass, or offend confirmation sheets,. another, whether or not conversation ensues. (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the registrar * * * shall permit the copying of a list prepared pursuant to R.S. 18:1311(A) upon the request of a (4) Engage in a telephone call, conference, or recorded communication by using obscene single person of the age of majority. language or by making a graphic description of a sexual act, or use any telecommunications (2) he The registrar shall allow this to be done by hand or otherwise, if so requested, unless device to send any text message or other message containing obscene language or any obscene such reproduction seriously interferes with the registration of voters or otherwise seriously content, anonymously or otherwise, directly to another person, when by making a graphic interferes with the performance of the duties imposed on his office by law. In such instances, description of a sexual act, and the offender knows or reasonably should know that such the registrar shall cause his employees to make copies of the requested records or print the obscene or graphic language is directed to, or will be heard by, a minor. Lack of knowledge of information electronically, if the electronic copy contains the same information, and deliver age shall not constitute a defense. them to the voters or request the secretary of state to reproduce such records which may (5) Knowingly permit any telephone or any other telecommunications device under his then be forwarded to the registrar for delivery to the voters. Copying by the registrar or his control to be used for any purpose prohibited by this Section. employees or the secretary of state or printing an electronic copy shall be done in the presence B. Any offense committed by use of a telephone as set forth in this Section shall be deemed of the requesting person or a representative of the requesting voters, if they the person or to have been committed at either the place where the telephone call or calls communication voters so request. originated or at the place where the telephone call or calls communication was were received. * * * * * * §1311. List of absentee by mail and early voters; posting; delivery of alphabetized list to E. For the purposes of this Section, “telecommunications device” shall mean any type of precincts; supplements; absentee by mail voter report instrument, device, or machine that is capable of transmitting or receiving telephonic, electronic, B. A.(1) The registrar shall keep a list containing the names of all persons who vote by early radio, text, or data communications, including but not limited to a cellular telephone, a text- voting ballot during early voting and of those whose absentee ballots by mail he has received. messaging device, a personal digital assistant, a computer, or any other similar wireless device He shall post this list in a conspicuous place accessible to the public at the entrance to his that is designed to engage in a call or communicate text or data. office ensure that the list is available for inspection by members of the public at the principal Approved by the Governor, May 23, 2018. office of the registrar when the office is open. After the last day for early voting, the registrar A true copy: shall prepare a list, arranged alphabetically by precinct, of the names of all persons who have R. Kyle Ardoin voted during early voting or from whom absentee ballots by mail were received on or before Secretary of State the last day for early voting. The registrar shall ensure that the list is available for inspection by members of the public at the principal office of the registrar when the office is open and retain a copy of the list for use by the parish board of election supervisors on election night and shall post a copy of the list in a conspicuous place accessible to the public at the entrance to his office. THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 184 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. ACT No. 427 for records; to provide for inspectors; to provide for prohibited activities; to provide for - - - violations and penalties; to provide for the authority of the commissioner of agriculture; and HOUSE BILL NO. 275 to provide for related matters. BY REPRESENTATIVE JORDAN AND SENATOR BARROW Be it enacted by the Legislature of Louisiana: AN ACT Section 1. R.S. 3:563, 564, 734(A) and (B)(1), 735, 2092(B), and 2093(5) through (11) are To amend and reenact R.S. 14:43.5, relative to the crime of intentional exposure to the human hereby amended and reenacted and R.S. 3:561(6) and 2093(12) and (13) are hereby enacted to immunodeficiency virus; to provide for the elements of the offense; to provide for definitions; read as follows: to provide for affirmative defenses; and to provide for related matters. §561. Definitions Be it enacted by the Legislature of Louisiana: As used in this Part, the following terms shall have the following meanings ascribed to them: Section 1. R.S. 14:43.5 is hereby amended and reenacted to read as follows: * * * §43.5. Intentional exposure to AIDS virus HIV (6) “Board” means the Louisiana Board of Animal Health. A. No person shall intentionally expose another to any acquired immunodeficiency * * * syndrome (AIDS) the human immunodeficiency virus (HIV) through sexual contact without §563. Dealers to obtain permit the knowing and lawful consent of the victim, if at the time of the exposure the infected person A.(1) All market agencies and livestock dealers shall secure an annual permit from the knew he was HIV positive. Louisiana Board of Animal Health for the privilege of conducting business. B. No person shall intentionally expose another to any acquired immunodeficiency syndrome (2) It shall be a violation of this Part to operate as a market agency or livestock dealer (AIDS) virus HIV through any means or contact without the knowing and lawful consent of without a permit from the Louisiana Board of Animal Health. the victim, if at the time of the exposure the infected person knew he was HIV positive. (3) The provisions of this Part shall not apply to farmers or other actual producers of the C. No person shall intentionally expose a police officer first responder to any AIDS virus livestock who offer it for sale either at public stockyards or at a privately owned sales pen or HIV through any means or contact without the knowing and lawful consent of the police concentration point. officer first responder when the offender knows at the time of the offense that he is HIV B. Any person seeking to be permitted as a livestock dealer or market agency shall apply for positive, and has reasonable grounds to believe the victim is a police officer first responder a permit annually on a form prescribed by the board. acting in the performance of his duty. C. The board may deny, revoke, or suspend any permit for any of the following reasons: D. For purposes of this Section, the following words have the following meanings: (1) Material misstatement in the application for the original permit, or in the application to (1) “Means or contact” is defined as spitting, biting, stabbing with an AIDS contaminated reissue a permit pursuant to this Part. object, or throwing of blood or other bodily substances. (2) Violation of this Part or of a rule or order of the board. (2) “Police officer” “first responder” includes a commissioned police officer, sheriff, deputy (3) Allowing a permit issued pursuant to this Part to be used by an unpermitted person. sheriff, marshal, deputy marshal, correctional officer, constable, wildlife enforcement agent, (4) Conviction of a crime, an essential element of which is misstatement, fraud, or dishonesty. and probation and parole officer., any licensed emergency medical services practitioner as (5) Conviction for violating a law or regulation of another state or of the United States that defined by R.S. 40:1131, and any firefighter regularly employed by a fire department of any is materially similar to a substantive provision of this Part or a rule of the board. municipality, parish, or fire protection district of the state or any volunteer firefighter of the (6) Suspension or other disciplinary action taken by the secretary of the United States state. Department of Agriculture pursuant to the Packers and Stockyards Act of 1921, 7 U.S.C. E.(1) Whoever commits the crime of intentional exposure to AIDS virus HIV shall be fined 181 through 229, as amended, if it appears that the applicant or permittee committed or not more than five thousand dollars, imprisoned with or without hard labor for not more than participated in the violation covered by the disciplinary action. ten years, or both. (7) Failure to possess the qualifications determined by the board to be necessary for, or (2) Whoever commits the crime of intentional exposure to AIDS virus HIV against a police failing to meet the requirements of, this Part for the issuance or holding of a permit. officer first responder shall be fined not more than six thousand dollars, imprisoned with or (8) Any unpaid fines, fees, or penalties imposed by the board. without hard labor for not more than eleven years, or both. D. Proceedings for the denial, revocation, or suspension of a permit pursuant to the F.(1) It is an affirmative defense, if proven by a preponderance of the evidence, that the authority of this Part shall be conducted in compliance with the board’s rules, regulations, and person exposed to HIV knew the infected person was infected with HIV, knew the action could procedures and in accordance with the Administrative Procedure Act. result in infection with HIV, and gave consent to the action with that knowledge. E. The board may require a person against whom disciplinary action has been taken to pay (2) It is also an affirmative defense that the transfer of bodily fluid, tissue, or organs occurred the reasonable costs incurred by the board for any hearing or proceeding, including its legal after advice from a licensed physician that the accused was noninfectious, and the accused fees and stenographer, investigator, or witness fees, and any costs and fees incurred by the disclosed his HIV-positive status to the victim. board on any judicial review or appeal. (3) It is also an affirmative defense that the HIV‑positive person disclosed his HIV-positive §564. Records of sales and purchases status to the victim, and took practical means to prevent transmission as advised by a physician A. Each market agency shall keep complete records of all sales and purchases for each or other healthcare provider or is a healthcare provider who was following professionally period of twelve months. The record shall consist of the name and address of the seller, the accepted infection control procedures. number of the sales tag of the animal, the permanent identification number of any brucellosis Approved by the Governor, May 23, 2018. test‑eligible animal, the weight and price of the animal, and the name and address of the A true copy: purchaser. The willful noncompliance with this provision, after due notice, shall automatically R. Kyle Ardoin revoke the permit of the operator of the market agency. Secretary of State B. Each livestock dealer shall keep complete records of all sales and purchases for each period of twelve months. The record shall consist of the name and address of the seller, the permanent identification number of any brucellosis test‑eligible animal, the weight and price ACT No. 428 of the animal, and the name and address of the purchaser. The willful noncompliance with - - - this provision, after due notice, shall automatically revoke the permit of the livestock dealer. HOUSE BILL NO. 299 * * * BY REPRESENTATIVE CHAD BROWN §734. Livestock brand inspectors AN ACT A. Livestock brand inspectors employed by the commissioner and the director and assistant To amend and reenact R.S. 27:402(15), relative to video draw poker devices; to provide with director of the commission shall be commissioned by the Department of Public Safety and respect to persons who repair, service, inspect, or examine video draw poker devices; and to Corrections and, for the purposes of this Part, shall have the same power and authority as is provide for related matters. vested in the state police. Inspectors shall have general jurisdiction throughout the state to Be it enacted by the Legislature of Louisiana: enforce the provisions of the Louisiana Criminal Code as set forth in Paragraph (B)(1) of this Section 1. R.S. 27:402(15) is hereby amended and reenacted to read as follows: Section, this Part, and the rules and regulations adopted under pursuant to the provisions of §402. Definitions this Part. As used in this Chapter, the following words and phrases shall have the following meanings B. Personnel of the commission who are commissioned peace officers shall be under the unless the context clearly indicates otherwise: direction, control, and supervision of the commissioner and shall have the following powers * * * and duties: (15) “Service entity” means any person other than a distributor or device owner who repairs, (1) To provide for the protection of the assets and property of the Department of Agriculture services, inspects, or examines video draw poker devices in the presence of a device owner or and Forestry, and to enforce the rules and regulations pertaining to the Louisiana Board of owner’s employee. Animal Health adopted pursuant to Part I of Chapter 16 of Title 3 of the Louisiana Revised * * * Statutes of 1950, as authorized in R.S. 3:2093, to enforce all of the provisions of this Part, and Approved by the Governor, May 23, 2018. the rules and regulations adopted under pursuant to the provisions of this Part and provisions A true copy: in the Louisiana Criminal Code relating to the theft of animals, the illegal branding or marking R. Kyle Ardoin of animals, the disposition of strayed animals, the theft of any farm machinery, equipment, or Secretary of State supplies, and to perform such duties with respect to any other farm‑related crime. * * * ACT No. 429 §735. Use of unrecorded brand or mark prohibited Prohibited activities - - - A. No person shall use any brand or mark for branding or marking animals unless the brand HOUSE BILL NO. 393 or mark is recorded with the commission. BY REPRESENTATIVE TERRY BROWN B. No person shall intentionally offer livestock for sale without providing the true and AN ACT legal name of the owner of the livestock for the purpose of livestock theft or violation of a To amend and reenact R.S. 3:563, 564, 734(A) and (B)(1), 735, 2092(B), and 2093(5) through quarantine issued by the Louisiana Board of Animal Health. (11) and to enact R.S. 3:561(6) and 2093(12) and (13), relative to market agency and livestock * * * dealer permits; to provide for permits; to provide for the authority of the Louisiana Board §2092. Officers and employees of Animal Health; to provide for criteria to deny, revoke, or suspend permits; to provide * * * THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 185 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. B. The board, subject to the approval of the commissioner of agriculture, shall employ a ACT No. 431 director, an assistant director, and a state veterinarian, all of whom shall be in the unclassified - - - service. The state veterinarian shall be the executive secretary of the board. The board, subject HOUSE BILL NO. 440 to the approval of the commissioner of agriculture, shall appoint the executive secretary of the BY REPRESENTATIVE HODGES AND SENATOR BARROW board. The commissioner of agriculture shall employ such other personnel of the board as AN ACT are necessary. All employees of the board shall be under the direction and supervision of the To amend and reenact Code of Criminal Procedure Articles 903(B) and (C) and 903.2(A)(1) commissioner of agriculture. and (B)(1), relative to the substance abuse probation program; to provide for counseling and * * * treatment for defendants with substance abuse disorders and mental illness; and to provide §2093. Powers for related matters. The Louisiana Board of Animal Health shall have the following powers and duties: Be it enacted by the Legislature of Louisiana: * * * Section 1. Code of Criminal Procedure Articles 903(B) and (C) and 903.2(A)(1) and (B)(1) (5) To issue market agency and livestock dealer permits in accordance with R.S. 3:563. are hereby amended and reenacted to read as follows: (5) (6) To compel owners of livestock subject to regulation by the board to quarantine, test, Art. 903. Substance abuse probation program; authorization or vaccinate the livestock whenever necessary to prevent, control, or eradicate any infectious * * * disease present in the livestock. B. The program shall provide substance abuse counseling and treatment for defendants (6) (7) To issue cease and desist orders when a violation that is endangering or causing with substance abuse disorders, or defendants with co-occurring mental illness and substance significant damage to animal health or commerce is occurring or is about to occur. abuse disorders, who are sentenced to substance abuse probation pursuant to the provisions (7) (8) To institute civil proceedings seeking injunctive relief to restrain and prevent violations of Article 903.2. of the laws or of administrative rules administered or enforced by the board. C. The department may enter into cooperative endeavors or contracts with the Louisiana (8) To impose civil penalties of up to one thousand dollars for each violation of the laws Department of Health local governmental entities or the office of behavioral health, training and administrative rules administered and enforced by the board. Each day on which a facilities, and service providers to provide for substance abuse treatment and counseling and violation occurs shall be considered a separate offense. Civil penalties shall be assessed only mental health treatment for defendants participating in the program. by a ruling of the board based on an administrative hearing conducted in accordance with the * * * Administrative Procedure Act. The board may institute civil proceedings to enforce its rulings Art. 903.2. Substance abuse probation; sentencing in the district court for the parish in which the violation occurred. A. Notwithstanding any other provision of law to the contrary, a court shall suspend a (9) To impose penalties for violations of the laws and administrative rules administered and sentence and order an eligible defendant to participate in a substance abuse probation program enforced by the board as follows: provided by the department pursuant to Article 903 if the district attorney agrees that the (a) Civil penalties of up to one thousand dollars for each violation of the laws and defendant should be sentenced to a substance abuse probation and the court finds all of the administrative rules administered and enforced by the board. Each day on which a violation following: occurs shall be considered a separate offense. (1) The court has reason to believe that the defendant suffers from an addiction to a (b) Issuance of a public or private letter of reprimand or concern. controlled dangerous substance or any other mental health disorder. (c) Restitution of the department’s costs and expenses in connection with the enforcement * * * of this Part. B.(1) The court shall order the department to assign an authorized evaluator to prepare a (d) Denial, revocation, or suspension of any permit issued by the board. suitability report. The suitability report shall delineate the nature and degree of the treatment (9) (10) To advise the state Department of Agriculture and Forestry, the United States necessary to address the defendant’s drug or alcohol dependency or addiction or mental health Department of Agriculture, and the legislature with respect to all phases of the meat industry disorder, the reasonable availability of such treatment, and the defendant’s appropriateness for in Louisiana, including but not limited to the slaughtering and processing of meat and the the program. The district attorney and the defendant’s attorney shall have an opportunity to implementation of the Federal Meat Inspection Act, the Federal Poultry Products Inspection provide relevant information to the evaluator to be included in the report. Act, and the state meat inspection program. * * * (10) (11) To adopt such rules and regulations as may be necessary to monitor compliance Approved by the Governor, May 23, 2018. with the prohibition against tampering with livestock at a public livestock exhibition as set A true copy: forth in R.S. 14:102.1(B)(2). R. Kyle Ardoin (11) (12) To adopt such rules and regulations as may be necessary to establish standards Secretary of State governing the care and well-being of bovine, equine, ovine, caprine, porcine, and poultry bred, kept, maintained, raised, or used for show, profit, or for the purpose of selling or otherwise ACT No. 432 producing crops, animals, or plant or animal products for market. The board shall consider - - - the following when adopting the standards: HOUSE BILL NO. 447 (a) The health and husbandry of the bovine, equine, ovine, caprine, porcine, and poultry. BY REPRESENTATIVE JAY MORRIS AND SENATOR ALARIO (b) Generally accepted farm management practices. AN ACT (c) Generally accepted veterinary standards and practices. To amend and reenact R.S. 36:701(D)(1) and 704, to enact R.S. 49:191(11), and to repeal (d) The economic impact the standards may have on bovine, equine, ovine, caprine, porcine, R.S. 49:191(8)(k), relative to the Department of Justice, including provisions to provide and poultry farmers, the affected bovine, equine, ovine, caprine, porcine, and poultry sectors, for the re‑creation of the Department of Justice and the statutory entities made a part of and consumers. the department by law and for the structure of the department; to provide for a federalism (13) To assess penalties pursuant to an administrative hearing conducted in accordance with division of the department; to provide for the effective termination date for all statutory the Administrative Procedure Act. The board may institute civil proceedings to enforce its authority for the existence of such statutory entities; and to provide for related matters. rulings in the district court of the parish in which the violation occurred. Be it enacted by the Legislature of Louisiana: Approved by the Governor, May 23, 2018. Section 1. Pursuant to R.S. 49:193, the Department of Justice and the statutory entities made A true copy: a part of the department by law shall be re-created effective June 30, 2018, and all statutory R. Kyle Ardoin authority therefor is continued in accordance with the provisions of Part XII of Chapter 1 of Secretary of State Title 49 of the Louisiana Revised Statutes of 1950. Section 2. All statutory authority for the existence of the Department of Justice and the ACT No. 430 statutory entities made a part of the department as re-created by Section 1 of this Act shall - - - cease as of July 1, 2025, pursuant to R.S. 49:191. However, the Department of Justice may HOUSE BILL NO. 411 be re-created prior to such date in accordance with the provisions of Part XII of Chapter 1 of BY REPRESENTATIVE SCHEXNAYDER Title 49 of the Louisiana Revised Statutes of 1950. AN ACT Section 3. The provisions of R.S. 49:193 are hereby superseded to the extent that those To amend and reenact R.S. 56:1855(O), relative to the Louisiana Scenic Rivers Act; to provide provisions are in conflict with the provisions of this Act. an exception for certain uses on the Tickfaw River and Blind River; to provide terms, Section 4. R.S. 49:191(11) is hereby enacted to read as follows: conditions, and procedures; and to provide for related matters. §191. Termination of legislative authority for existence of statutory entities; phase-out Be it enacted by the Legislature of Louisiana: period for statutory entities; table of dates Section 1. R.S. 56:1855(O) is hereby amended and reenacted to read as follows: Notwithstanding any termination dates set by any previous Act of the legislature, the §1855. Exceptions statutory entities set forth in this Section shall begin to terminate their operations on July first * * * of each of the following years, and all legislative authority for the existence of any statutory O. Notwithstanding other provisions of R.S. 56:1853, clearing and snagging, and dredging entity, as defined in R.S. 49:190, shall cease as of July first of the following year, which shall operations conducted or contracted for by a political subdivision, the state, or federal be the termination date: government for drainage purposes in the Amite River, Tangipahoa River, Tickfaw River, Blind * * * River, West Pearl River, Tchefuncte River, Bogue Falaya River, Abita River, and Comite River (11) July 1, 2024: shall be permitted by the department in accordance with the requirements and procedures (a) The Department of Justice and all statutory entities made a part of the department by provided for in R.S. 56:1849. law. Section 2. This Act shall become effective on June 30, 2018. Section 5. R.S. 36:701(D)(1) and 704 are hereby amended and reenacted to read as follows: Approved by the Governor, May 23, 2018. §701. Department of Justice; creation; domicile; purposes and functions A true copy: * * * R. Kyle Ardoin D.(1) The Department of Justice shall be composed of the executive office of the Secretary of State attorney general, the civil division, the public protection division, the criminal division, the investigation division, the litigation division, the gaming division, the federalism division, and the administrative services division. The executive office of the attorney general shall be THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 186 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. comprised of such personnel and organizational subunits as shall be necessary to carry out the ACT No. 434 functions of the attorney general as the executive head and chief administrative officer of the - - - department, including legal services. HOUSE BILL NO. 503 * * * BY REPRESENTATIVES CARMODY, AMEDEE, BARRAS, BERTHELOT, CHAD §704. Divisions of the department; functions BROWN, TERRY BROWN, CHANEY, COUSSAN, COX, CREWS, EDMONDS, A. Each division within the Department of Justice shall be under the immediate supervision FALCONER, HAVARD, HENSGENS, HILFERTY, HOLLIS, HORTON, HOWARD, and direction of a director. The purposes for which the divisions of the Department of Justice JACKSON, JEFFERSON, JORDAN, NANCY LANDRY, LYONS, MCFARLAND, are created shall be as set forth in this Section. MIGUEZ, GREGORY MILLER, JIM MORRIS, PUGH, PYLANT, REYNOLDS, B. There shall be within the Department of Justice a federalism division. It shall be SEABAUGH, SMITH, AND THOMAS AND SENATOR THOMPSON responsible for the appellate work of the state relating to federal litigation, multistate actions, AN ACT amicus briefs, and other complex litigation as determined by the attorney general. To enact Chapter 20 of Title 6 of the Louisiana Revised Statutes of 1950, to be comprised of C. There shall be within the Department of Justice an administrative services division. R.S. 6:1371 through 1376, relative to protecting eligible adults from financial exploitation; It shall be responsible for accounting and budget control, procurement and contract to provide for legislative intent; to provide for definitions; to provide for notices relative to management, management and program analysis, data processing, personnel management, covered financial institutions; to provide for the delay of financial transactions in instances grants management for the department, automated systems, governmental relations, and the of suspicion of financial exploitation; to provide for applicability; to provide for immunity; collection of money owed to the state and its agencies, boards, and commissions. to provide for effectiveness; and to provide for related matters. C.D. There shall be within the Department of Justice a public protection division. It shall Be it enacted by the Legislature of Louisiana: be responsible for consumer protection, environmental protection, anti-trust, securities, family Section 1. Chapter 20 of Title 6 of the Louisiana Revised Statutes of 1950, comprised of violence prevention, and insurance protection. R.S. 6:1371 through 1376, is hereby enacted to read as follows: D.E. There shall be within the Department of Justice a civil division. It shall be responsible CHAPTER 20. PROTECTION OF ELIGIBLE ADULTS FROM for providing the full range of civil legal services requested by the officers and agencies of FINANCIAL EXPLOITATION the state. The functions of the civil division shall include the assertion or protection of any §1371. Legislative intent right or interest of the state of Louisiana; legal representation of governmental officers, It is the intent of the legislature in enacting this Chapter to allow covered financial institutions agencies, boards, or commissions; collection of money owed to the state of Louisiana and its the discretion to take actions to assist in detecting and preventing financial exploitation without agencies, boards, or commissions, construction claims and litigation on public works, and legal liability. The legislature recognizes that covered financial institutions are in a unique position by protection of state lands, water bottoms, and natural resources of the state. conducting financial transactions on behalf of and at the request of their customers. Covered E.F. There shall be within the Department of Justice a criminal division. It shall be financial institutions have duties imposed by contract and duties imposed by both federal and responsible for criminal appeals, amicus curiae briefs in criminal prosecutions, habeas state law to conduct financial transactions requested by their customers faithfully and timely corpus defense, assistance to district attorneys in criminal cases, criminal prosecution, public in accordance with the customer’s instructions. Further, covered financial institutions do not corruption, institutional and insurance fraud cases, and extraditions, in accordance with have a duty to contravene the valid instructions of their customers, nor to prevent criminal Article IV, Section 8 of the Constitution of Louisiana. activity directed at their customers, and nothing in this Chapter creates such a duty. F. G. There shall be within the Department of Justice an investigation division. It shall be §1372. Definitions responsible for investigation of alleged violations of the criminal laws of this state, conducting As used in this Chapter, the following terms and phrases have the meanings hereinafter of civil and special investigations, including investigations of public corruption, institutional ascribed to them: and insurance fraud, and executive security. (1) “Adult protection agency” has the same meaning as defined in R.S. 15:1503. G.H. There shall be within the Department of Justice a litigation division. It shall be (2) “Covered agency” means any of the following: responsible for providing legal representation for the state, its officers, agents, employees, (a) Any federal, state, or local law enforcement agency. boards, and commissions, pursuant to the provisions of Chapter 16A of Title 39. (b) An adult protection agency. H.I. There shall be within the Department of Justice a gaming division. It shall be (3) “Covered financial institution” means any bank, credit union, savings bank, savings and responsible for providing legal representation, services, and staffing to gaming regulatory loan association, or trust company operating in Louisiana. entities and agencies of the state as provided by law and such other functions and duties, (4) “Eligible adult” means any of the following: related to gaming, as are assigned by the attorney general. (a) Any person sixty years of age or older. I.J. The duties and functions of the divisions shall be as provided in this Section and these (b) Any person subject to the Adult Protective Services Act as provided in R.S. 15:1501 et duties and functions shall not be subject to change by the attorney general, except that the seq. divisions shall perform such additional duties and functions as are assigned by the attorney (5) “Financial exploitation” means any of the following: general. (a) The wrongful or unauthorized taking, withholding, appropriation, or use of money, J.K. Whenever the attorney general determines that the administration of the functions of assets, beneficial ownership interest, or property of an eligible adult. the department may be more efficiently performed by eliminating, merging, or consolidating (b) Any act or omission committed by a person in a representative capacity through trust, existing divisions, he shall present a plan therefor to the legislature for its approval by statute. power of attorney, act of procuration, contract of mandate, or letters of curatorship of an Section 6. R.S. 49:191(8)(k) is hereby repealed in its entirety. eligible adult, or by any other means, for any of the following purposes: Section 7. This Act shall become effective on June 30, 2018; if vetoed by the governor and (i) Obtaining control over, or depriving an eligible adult of ownership, use, benefit, or subsequently approved by the legislature, this Act shall become effective on June 30, 2018, or possession of his money, assets, or property by deception, intimidation, or undue influence. on the day following such approval by the legislature, whichever is later. (ii) Converting money, assets, or property of an eligible adult. Approved by the Governor, May 23, 2018. (6) “Financial transaction” means any of the following as applicable to services provided by A true copy: a covered financial institution: R. Kyle Ardoin (a) A transfer or request to transfer or disburse funds or assets in an account. Secretary of State (b) A request to initiate a wire transfer, initiate an automated clearing house (ACH) transfer, or issue a money order, cashier’s check, or official check. ACT No. 433 (c) A request to negotiate a check or other negotiable instrument. - - - (d) A request to change the ownership of, or access to, an account. HOUSE BILL NO. 469 (e) A request to sell or transfer securities or other assets, or a request to affix a Medallion BY REPRESENTATIVE SMITH Stamp or provide any form of guarantee or endorsement in connection with an attempt to sell AN ACT or transfer securities or other assets, if the person selling or transferring the securities or assets To amend and reenact R.S. 46:2185(A), relative to jurisdiction; to provide for jurisdiction for is not required to register pursuant to Louisiana Securities Law as provided in R.S. 51:701 et cases of sexual assault; and to provide for related matters. seq. Be it enacted by the Legislature of Louisiana: (f) A request for a loan, extension of credit, or draw on a line of credit. Section 1. R.S. 46:2185(A) is hereby amended and reenacted to read as follows: (g) A request to encumber any movable or immovable property. §2185. Jurisdiction; venue (h) A request to designate or change the designation of beneficiaries to receive any property, A. Any district court in the state of Louisiana that is empowered to hear civil family or benefit, or contract right on the eligible adult’s death. juvenile matters shall have jurisdiction over proceedings appropriate to it under this Chapter. §1373. Notices * * * A. A covered financial institution may notify any covered agency if the covered financial Approved by the Governor, May 23, 2018. institution believes that the financial exploitation of an eligible adult is occurring, has or may A true copy: have occurred, or is being attempted, or has been, or may have been attempted. R. Kyle Ardoin B. A covered financial institution may notify any third party reasonably associated with the Secretary of State eligible adult if the covered financial institution believes that the financial exploitation of an eligible adult is occurring, has or may have occurred, or is being attempted, or has been, or may have been attempted. A third party reasonably associated with the eligible adult includes but is not limited to all of the following: (1) A parent, spouse, adult child, sibling, or other known family member or close associate of an eligible adult. (2) An authorized contact provided by the eligible adult to the covered financial institution. (3) A co‑owner, additional authorized signatory, or beneficiary on the eligible adult’s account. C. A covered financial institution may choose not to notify any third party reasonably associated with the eligible adult of suspected financial exploitation of the eligible adult, if the covered financial institution believes such third party is, may be, or may have been engaged in THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 187 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. financial exploitation of the eligible adult. (16), and 801 are hereby amended and reenacted and R.S. 32:783(F)(10), 784(A)(7) and (8), D. A covered financial institution shall make a reasonable effort, at least annually, to notify 792(B)(19), and 795 are hereby enacted to read as follows: all employees of the covered financial institution of their ability to report potential financial §781. Definitions exploitation of an eligible adult to personnel within the covered financial institution. As used in this Chapter: §1374. Delaying financial transactions * * * A. A covered financial institution may, but is not required to, delay completion or execution (5) “Motor vehicle” means any motor-driven car, van, or truck required to be registered of a financial transaction involving an account of an eligible adult, an account on which an pursuant to the Vehicle Registration License Tax Law, R.S. 47:451 et seq., or any vehicle eligible adult is a beneficiary, or an account of a person suspected of perpetrating financial manufactured for off-road use and issued a manufacturer’s statement or certificate of origin, exploitation if either of the following conditions apply: as required by the Louisiana Motor Vehicle Commission, that cannot be issued a registration (1) The covered financial institution reasonably believes that the requested financial certificate and license to operate on the public roads of this state because, at the time of transaction may result in financial exploitation of an eligible adult. manufacture, the vehicle does not meet the safety requirements prescribed by R.S. 32:1301 (2) A covered agency provides information demonstrating to the financial institution that it through 1310 which is used or is designed to be used, for the transporting of passengers or is reasonable to believe that financial exploitation is occurring, has or may have occurred, or is goods for public, private, commercial, or for-hire purposes including but not limited to motor being attempted, or has been, or may have been attempted. homes, motorcycles, all-terrain vehicles, recreational vehicles, travel trailers, boat trailers, B. If a covered financial institution determines to delay a financial transaction pursuant to ambulances, buses, fire trucks, conversion vehicles, wreckers, semitrailers, hearses, and marine Subsection A of this Section, the covered financial institution shall, no later than two business products, as any of the terms are defined in R.S. 32:1252 vehicle required to be registered that days after the financial transaction is delayed, send written notification of the delay and the was used, is used, or is designed to be used for the transporting of passengers or goods for reason for the delay to all parties authorized to transact business on the account for which public, private, commercial, or for‑hire purposes. the covered financial institution has contact information, unless any such party is reasonably * * * believed to have engaged in attempted financial exploitation of the eligible adult. The §782. Purpose; Jurisdiction jurisdiction and authority of the commission notification described in this Subsection may be provided by electronic means. A. The Louisiana Used Motor Vehicle Commission is created for the purpose of developing C. If a covered financial institution delays a financial transaction pursuant to Subsection and advancing the independent used motor vehicle industry, promoting and stimulating its A of this Section, the covered financial institution may provide notification of the delay, the businesses, and encouraging fair business practices to strive for fair competition. Further, reason for the delay, and any additional information about the financial transaction to any the commission understands its role in representing the consumers of used motor vehicles covered agency. and seeks to protect their interests by strengthening the relationship between dealers and D. Except as ordered by a court, a covered financial institution is not required to delay consumers, assisting in dispute resolution, maintaining education programs to promote a financial transaction when provided with information by a covered agency alleging that industry standards, and assisting the office of motor vehicles in enforcement of its laws related financial exploitation is occurring, has or may have occurred, or is being attempted, or has to used motor vehicle transactions. been, or may have been attempted, but may use its discretion to determine whether to delay a B. The provisions of this Chapter shall not apply to any person, partnership, corporation, financial transaction based on the information available to the covered financial institution. limited liability company, or other entity that is licensed or regulated by the Louisiana Motor E. Except as provided in Subsection F of this Section, any delay of a financial transaction Vehicle Commission. If any provision of this Chapter conflicts with any provision of Chapter as authorized pursuant to this Section shall expire or be terminated when the earliest of any of 6 of this Title, the provisions of Chapter 6 of this Title shall prevail. the following circumstances occur: §783. Used Motor Vehicle Commission; appointment and qualification; terms of office; (1) The covered financial institution reasonably determines that the financial transaction will powers and duties not result in financial exploitation of the eligible adult. * * * (2) Fifteen business days pass from the date on which the covered financial institution first F. The commission’s powers and duties shall include but are not limited to the following: initiated the delay of the financial transaction. * * * F.(1) A covered financial institution may extend the delay provided for in Subsection E of (10) Having the sole and exclusive authority to administer all claims made against the bond this Section upon receiving a request to extend the delay from any covered agency, in which case required by R.S. 32:791(G), including the denial or rejection of any claim. the delay shall expire or be terminated no later than twenty‑five business days from the date (a) The executive director of the commission is authorized to take any action necessary to on which the covered financial institution first initiated the delay of the financial transaction. administer claims against any bond, including instituting or intervening in a legal action to (2) A court of competent jurisdiction may enter an order extending or shortening a delay, obtain payment of a claim or to prevent payment of an unauthorized claim. or providing other relief, based on the petition of the covered financial institution, any covered (b) If the commission institutes or intervenes in any legal action as authorized by agency, or other interested party. Subparagraph (a) of this Paragraph and prevails, the court shall award the commission §1375. Applicability of other laws reasonable attorney fees and court costs to be paid by the licensee, surety, or both. Notwithstanding the provisions of R.S. 6:333 or any other law to the contrary, a covered * * * financial institution may act in accordance with the provisions of this Chapter. §784. Dealers, dismantlers, and auctions to be licensed; exception §1376. Immunity A. No person, firm, or corporation, unless licensed by the commission under the provisions A. (1) A covered financial institution and its directors, officers, employees, attorneys, of this Chapter, shall carry on or conduct the business of any of the following: accountants, agents, and other representatives shall have no duty to act pursuant to this * * * Chapter or otherwise to protect an eligible adult from financial exploitation by a third person. (5) A rent-to-own dealer as defined in R.S. 32:793(A)(6) or renting on a daily basis used (2) A covered financial institution and its directors, officers, employees, attorneys, motor vehicles as authorized by R.S. 32:781(13)(a)(ii). accountants, agents, and other representatives shall be immune from all criminal, civil, and * * * administrative liability for not taking action pursuant to this Chapter. (7) A used motor vehicle dealer who provides daily rentals of used motor vehicles as defined (3) A covered financial institution and its directors, officers, employees, attorneys, accountants, in R.S. 32:781. agents, or other representatives who choose to act pursuant to the authority granted in this (8) A motor vehicle crusher as defined in R.S. 32:781. Chapter shall be immune from all criminal, civil, and administrative liability for any act taken * * * pursuant to this Chapter, unless such act of the financial institution or its representatives was §791. Application for license; fee; renewal; fees; educational seminar; bond requirements; grossly negligent and caused pecuniary loss to the eligible adult who was suspected of being a liability insurance; salesperson’s license; location of business victim of financial exploitation. * * * B. No claim shall be brought against any covered agency or the state of Louisiana in B. connection with the receipt of or response to any notice of financial exploitation. * * * C. The immunity provided for in this Section shall not extend to any individual in a case (3) when such individual is a principal, conspirator, or an accessory after the fact to a criminal * * * offense involving the financial exploitation of an eligible adult. (b)(i) Every application for the issuance of a used motor vehicle dealer’s license shall Section 2. The provisions of this Act shall become effective October 1, 2018. be accompanied by, or supported by, such evidence as the commission shall prescribe, Approved by the Governor, May 23, 2018. documenting that the dealership’s general manager, office manager, title clerk, or other A true copy: responsible representative of the dealership has attended a four-hour educational seminar or R. Kyle Ardoin has registered to attend such seminar within sixty days after issuance of the license. The failure Secretary of State to attend the seminar shall be considered a violation of this Part. The educational seminar shall include but is not limited to the dealer requirements of this Part and the rules promulgated to ACT No. 435 implement, enforce, and administer this Part. Additionally, the seminar materials shall include - - - a presentation of the requirements of the Department of Public Safety and Corrections, office HOUSE BILL NO. 514 of motor vehicles, the Department of Revenue, and such other information that will promote BY REPRESENTATIVE SHADOIN AND SENATOR WALSWORTH good business practices. Such educational seminar requirement shall not include written or AN ACT oral exams a certificate, as required by the commission pursuant to the provisions of R.S. To amend and reenact R.S. 32:781(5), 782, 784(A)(introductory paragraph) and (5), 791(B)(3) 32:795, showing that the applicant has completed an approved educational seminar. (b), 792(B)(16), and 801, to enact R.S. 32:783(F)(10), 784(A)(7) and (8), 792(B)(19), and 795 (ii) The educational seminar shall be designed to develop and present educational programs and to repeal R.S. 32:783(F)(3) and 784(B), relative to the regulation of used motor vehicles; that enhance the knowledge and competence of used motor vehicle dealers, their salespersons, to amend definitions; to provide for the purpose of the Used Motor Vehicle Commission; to and service personnel for the benefit of the public. The commission may approve any provide for the powers and duties of the commission; to provide for certain prohibitions and nonprofit corporation organized for the purpose of representing licensees of this commission unauthorized acts; to amend relative to applications for licensure; to provide for educational to administer the educational seminar program and may approve any for-profit corporation, requirements and procedure; to provide for exceptions; to repeal relative to dealer sales and association, or other entity that is associated with the used car industry to conduct the seminar certain educational seminars; to provide for effectiveness; and to provide for related matters. and certify completion of the required attendance. However, the commission shall investigate Be it enacted by the Legislature of Louisiana: the qualifications of and shall have the authority to approve or deny approval of all entities Section 1. R.S. 32:781(5), 782, 784(A)(introductory paragraph) and (5), 791(B)(3)(b), 792(B) that desire to conduct an educational seminar for motor vehicle dealer applicants and motor THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 188 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. vehicle dealers. ACT No. 436 (iii) The commission shall approve a uniform document used to certify completion of the - - - seminar and all materials used in conducting the seminar. The commission shall approve all HOUSE BILL NO. 557 fees charged for materials and attendance to the seminar. BY REPRESENTATIVE JIMMY HARRIS (iv) The commission shall promulgate rules to implement this educational seminar program. AN ACT * * * To enact R.S. 36:744(DD) and R.S. 44:428, relative to the Advisory Board of the Louisiana §792. Denial, revocation, or suspension of license; grounds; unauthorized acts State Archives; to provide for the membership and officers of the board; to provide for the * * * powers, duties, functions, and responsibilities of the board; and to provide for related matters. B. The commission may revoke or suspend a license, issue a fine or penalty, or enjoin a used Be it enacted by the Legislature of Louisiana: motor vehicle dealer, dealer in used parts or used accessories of motor vehicles, used motor Section 1. R.S. 36:744(DD) is hereby enacted to read as follows: vehicle auctioneer, or salesperson for any of the following conduct: §744. Transfer of boards, commissions, and agencies to the Department of State * * * * * * (16) Violating any provision of this Chapter, any rule or regulation adopted by the DD. The Advisory Board of the Louisiana State Archives (R.S. 44:428) is placed within commission, or any provision of law not administered by the Louisiana Motor Vehicle the Department of State and shall perform and exercise its powers, duties, functions, and Commission, relating to the proper disposition of certificates of title or permits to dismantle responsibilities in the manner provided for agencies transferred in accordance with R.S. 36:901 in connection with the purchase or sale of any used motor vehicle a used motor vehicle et seq. transaction between a used motor vehicle dealer and a consumer. Section 2. R.S. 44:428 is hereby enacted to read as follows: * * * §428. Advisory Board of the Louisiana State Archives (19) Selling a used motor vehicle either with a waiver of warranties or “as is” without A. The Advisory Board of the Louisiana State Archives is hereby created in the Department completing and providing to the purchaser a buyers guide if required by the Federal Trade of State. Commission. B. The Advisory Board of the Louisiana State Archives shall be composed of the following * * * members: §795. Educational seminars; authority; initial license application seminar; renewal (1) Five members appointed by the secretary of state, one of whom shall be a clerk of court. application seminar; exceptions (2) Two members appointed by the secretary of state from a list of nominees provided by the A. The commission has authority to do all of the following: Friends of the Louisiana State Archives, Inc. (1) Require both initial applicants and licensees seeking a renewal of their licenses, pursuant (3) The secretary of state or his designee. to R.S. 32:791, to attend educational seminars. (4) The state archivist. (2) Promulgate and adopt any rule for establishing educational seminar curriculum, requiring C.(1) The board shall meet at least quarterly at the call of the secretary of state and at a certain materials to be used, employing any person, and incurring any expense necessary to place determined by the secretary of state. administer the seminars. (2) The secretary of state, at any time, may call special meetings of the board. (3) Require seminar attendees to complete a test comprised of ten questions approved by D. The powers and duties of the board shall include but are not limited to advising the the commission and to obtain a minimum score of seventy percent in order to receive credit for secretary of state concerning the following: satisfactory completion of the seminar. (1) The operation of the state archives. (4) Require that an initial license application seminar shall not exceed six hours in length and (2) Raising funds to promote the state archives. require that a renewal application seminar shall not exceed four hours in length. (3) Acquisitions by and donations to the state archives. (5) Approve and create a uniform certificate to be issued upon satisfactory completion of (4) Improving and developing facilities and exhibits at the state archives. an educational seminar. (5) Encouraging the cultural and educational enjoyment of the state archives. B. Each initial license application shall be accompanied by a certificate issued by the E. The members of the board shall elect from their membership a chairman and a vice commission, as described in Subsection D of this Section, documenting that a minimum of chairman. one owner, partner, officer, or local dealership manager of the dealer applicant has completed F. Each appointed member shall: an educational seminar. For each initial license application seminar, the seminar shall include (1) Have a knowledge of and interest in collecting, preserving, maintaining, and making materials from the Department of Public Safety and Corrections, office of motor vehicles, available records and artifacts of Louisiana’s history. the Department of Revenue, and any other information the commission deems necessary to (2) Serve a term concurrent with that of the secretary of state. educate attendees and their employees regarding compliance with the law. (3) Serve until his successor is appointed and takes office. C. Each licensee seeking to renew his license shall certify that the owner, partner, officer, or G. Vacancies in the membership of the board shall be filled in the manner of the original local dealership manager of the dealer has completed an educational seminar prior to filing the appointment. renewal application with the commission. Any renewal application and seminar certification H. The members of the board shall serve without compensation. shall be completed during the license period. Approved by the Governor, May 23, 2018. D.(1) The commission may approve any educational institution, private vocational school, A true copy: correspondence school, or trade association that meets its requirements to conduct educational R. Kyle Ardoin seminars as required by this Section. Secretary of State (2) Any educational institution, private vocational school, correspondence school, or trade association approved pursuant to Paragraph (1) of this Subsection shall be reapproved by the ACT No. 437 commission every two years. - - - (3) Any educational institution, private vocational school, correspondence school, or HOUSE BILL NO. 614 trade association administering an educational seminar shall issue the uniform certificate of BY REPRESENTATIVE HODGES AND SENATOR BARROW completion approved by the commission as required by Subsection A of this Section upon an AN ACT attendee’s satisfactory completion of the seminar. To amend and reenact R.S. 38:90.2(A) and to enact R.S. 38:90.2(B)(6), relative to the Floodplain E. Failure to satisfactorily complete an educational seminar as required by this Section is Evaluation and Management Commission; to modify the membership of the commission; to considered a violation of this Part. provide for an additional basis for revisions to the statewide flood information database; and F. Notwithstanding any other provision of this Section, this Section shall not apply to any to provide for related matters. licensee who does not sell or rent used motor vehicles to consumers. Be it enacted by the Legislature of Louisiana: * * * Section 1. R.S. 38:90.2(A) is hereby amended and reenacted and R.S. 38:90.2(B)(6) is hereby §801. Definition enacted to read as follows: As used in this Part only: §90.2. Revision of flood information database by the Floodplain Evaluation and “Motor vehicle” means every automobile, motor home, motorcycle, all‑terrain vehicle, Management Commission recreational vehicle trailer, boat trailer, semitrailer, truck, truck‑tractor, and any other device A. Provided that sufficient funds are specifically appropriated to the office, no later than which is self‑propelled and drawn, in, upon, or by which any person or property is or may be March 1, 2022, and at least once every five years thereafter, the Floodplain Evaluation and transported or drawn either upon or off a public highway, except such as is moved by animal Management Commission, consisting of the Department of Transportation and Development, power, or is used exclusively upon stationary rails or tracks, or is an implement of husbandry the Coastal Protection and Restoration Authority, the office of community development, the any motor‑driven vehicle required to be registered that was used, is used, or is designed to be Governor’s Office of Homeland Security and Emergency Preparedness, the Department of used for the transporting of passengers or goods for public, private, commercial, or for‑hire Environmental Quality, a member from the House Committee on Transportation, Highways purposes. and Public Works, a member from the Senate Committee on Transportation, Highways, and Section 2. R.S. 32:783(F)(3) and 784(B) are hereby repealed in their entirety. Public Works, and the secretary of the Department of Wildlife and Fisheries or his designee shall Section 3. This Act shall become effective upon signature by the governor or, if not signed review and revise the statewide flood information database. The secretary of the Department by the governor, upon expiration of the time for bills to become law without signature by the of Transportation and Development or his designee shall serve as chairman of the commission. governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by The database will be developed for the purpose of the systematic evaluation of drainage and the governor and subsequently approved by the legislature, this Act shall become effective on flooding problems in the state. The commission shall review the development proposals in the day following such approval. each area to ensure that no development in one parish or municipality will have a negative Approved by the Governor, May 23, 2018. or detrimental effect in any other parish or municipality. In addition, the commission shall A true copy: ensure that maintenance in any basin area across parish or municipal boundaries, including R. Kyle Ardoin the clearing and de-snagging of the Amite and Comite Rivers, are performed according to any Secretary of State contractual obligations and state law. B. The revision shall be based upon the most recent distribution of flood hazard areas and flood damages based on, but not limited to, the following: * * * THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 189 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. (6) Coordinated statewide watershed evaluations. concurrent with that of the secretary of state those members serving four-year terms shall * * * serve terms concurrent with the governor. Each member shall serve until his successor is Approved by the Governor, May 23, 2018. appointed and takes office. A true copy: * * * R. Kyle Ardoin Section 2. A member of the Advisory Board of the Old State Capitol or the Regional Secretary of State Museum Governing Board of the Louisiana State Exhibit Museum serving on the effective date of this Act may serve for the remainder of his unexpired term notwithstanding the provisions ACT No. 438 of this Act. After the effective date of this Act, the secretary of state shall appoint members as - - - needed to ensure that the number of board members is not less than that provided for by R.S. HOUSE BILL NO. 677 25:373(B) as amended by this Act or R.S. 25:379.1(C) as amended by this Act as applicable. BY REPRESENTATIVE JACKSON AND SENATOR BARROW Approved by the Governor, May 23, 2018. AN ACT A true copy: To enact R.S. 33:5151(C), relative to health insurance coverage offered by parish governments R. Kyle Ardoin to their employees and officials; to provide that the district public defender and his employees Secretary of State may participate in such insurance coverage; and to provide for related matters. Be it enacted by the Legislature of Louisiana: ACT No. 440 Section 1. R.S. 33:5151(C) is hereby enacted to read as follows: - - - §5151. Power to contract for group insurance; premiums HOUSE BILL NO. 730 * * * BY REPRESENTATIVE TERRY LANDRY C.(1) For purposes of this Section, a district public defender and his employees may AN ACT participate in any group health insurance program that the parish governing authority offers To amend and reenact R.S. 15:709(A), (B), (C), and (D) and to enact Part II-A of Chapter to its employees and officials. 7 of Title 15 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 15:771 (2) Any district public defender office that chooses to participate in the group health through 780, relative to confinement, treatment, and rehabilitation of offenders; to provide insurance program is responsible for the employer portion of the health insurance premium, for the adoption and ratification of the interstate corrections compact; to provide for unless paid for by the parish governing authority through a separate intergovernmental or legislative intent and the purpose of the compact; to provide for definitions; to authorize cooperative endeavor agreement. the state to contract with other party states for the confinement of inmates; to provide for (3) The parish governing authority may in its discretion, pay public defender employee the requirements of the contract; to provide for the rights of the states and inmates subject premiums. to the provisions of the compact; to provide for the duties of the receiving states; to provide Approved by the Governor, May 23, 2018. relative to the receiving state’s review of actions taken by the sending state; to provide for A true copy: the acceptance of federal aid; to provide for effectiveness; to provide for withdrawal from R. Kyle Ardoin and termination of the compact; to provide relative to the impact of the compact on other Secretary of State agreements or arrangements made with states that are not a part of the compact; to provide for the powers of the secretary of the Department of Public Safety and Corrections; and to ACT No. 439 provide for related matters. - - - Be it enacted by the Legislature of Louisiana: HOUSE BILL NO. 717 Section 1. R.S. 15:709(A), (B), (C), and (D) are hereby amended and reenacted and Part BY REPRESENTATIVE IVEY II-A of Chapter 7 of Title 15 of the Louisiana Revised Statutes of 1950, comprised of R.S. AN ACT 15:771 through 780, is hereby enacted to read as follows: To amend and reenact R.S. 25:373(B), (C), and (D) and 379.1(C) and (D), relative to the §709. Prisoners convicted in other states and housed in Louisiana Department of State; to provide relative to the Advisory Board of the Old State Capitol; to A. A Except as provided by Part II-A of Chapter 7 of Title 15 of the Louisiana Revised provide relative to the Regional Museum Governing Board of the Louisiana State Exhibit Statutes of 1950, a prisoner convicted and sentenced to incarceration by a court in another Museum; to provide relative to board membership, compensation, and terms of board state shall not be housed for the commission of that offense in a state correctional facility members for both boards; and to provide for related matters. in Louisiana; however, nothing in this Section shall be construed to limit the prosecution, Be it enacted by the Legislature of Louisiana: sentencing, or incarceration of any person for the commission of a criminal offense in the state Section 1. R.S. 25:373(B), (C), and (D) and 379.1(C) and (D) are hereby amended and of Louisiana. reenacted to read as follows: B. A Except as provided in R.S. 15:774, a prisoner convicted and sentenced to incarceration §373. Advisory board; appointment; compensation of members; terms by a court in another state who is housed in a local jail or private correctional facility in * * * Louisiana shall not be released in this state. Any prisoner housed in a local jail or private B. The Advisory Board of the Old State Capitol shall be composed of the following members, correctional facility shall be returned to an appropriate correctional facility located within the all of whom shall have a knowledge of and interest in art, history, including political history, state where he was convicted and sentenced for release in that state. and cultural restoration. The members of the board shall be as follows: C. A Except as provided by Part II-A of Chapter 7 of Title 15 of the Louisiana Revised (1) Two Eleven members shall be appointed by the secretary of state from each Public Statutes of 1950, a prisoner convicted and sentenced by another state shall not be housed in a Service Commission district. local jail or private correctional facility if the prisoner would be classified as maximum custody (2) Five members shall be appointed by the secretary of state from the state at large. by the Louisiana Department of Public Safety and Corrections classification procedure. (3) Two members from a list of five submitted by the president of Southern University shall D. The Except as provided by Part II-A of Chapter 7 of Title 15 of the Louisiana Revised be appointed by the secretary of state. Statutes of 1950, the state where the prisoner was convicted and sentenced shall be responsible (4)(2) The secretary of state or his designee shall be an ex officio member serve as a member for the costs associated with returning the prisoner to that state. with all powers of other members. * * * (3) The state archivist shall serve as a member. PART II-A. INTERSTATE CORRECTIONS COMPACT C. Each appointed member shall be confirmed by the Senate and shall serve a term §771. Purpose and policy concurrent with that of the secretary of state. The state archivist shall serve during his tenure The party states, desiring by common action to fully utilize and improve their institutional in that office. Each member shall serve until his successor is appointed and takes office. facilities and provide adequate programs for the confinement, treatment, and rehabilitation of D. The members of the board shall serve without compensation, but they shall receive their various types of offenders, declare that it is the policy of each of the party states to provide such actual expenses incurred in attending any meeting of the board. facilities and programs on a basis of cooperation with one another, thereby serving the best * * * interests of such offenders and of society and effecting economies in capital expenditures and §379.1. Regional museum governing board; creation; domicile; appointment and operational costs. The purpose of this compact is to provide for the mutual development and compensation of members execution of such programs of cooperation for the confinement, treatment, and rehabilitation * * * of offenders with the most economical use of human and material resources. C.(1) The board shall be composed of the following members, all of whom shall who all §772. Definitions have a knowledge of, and an interest in, art, history, including political history, and cultural As used in this compact, unless the context clearly requires otherwise: restoration.: (1) “Inmate” means a male or female offender who is committed under sentence to or (2) The board shall be composed and the members selected as follows: confined in a penal or correctional institution. (a) Ten members shall be appointed by the secretary of state to serve two-year terms from (2) “Institution” means any penal or correctional facility, including but not limited to a an area composed of the following parishes: Bienville, Bossier, Caddo, Claiborne, DeSoto, facility for persons with a mental illness or intellectual disability, in which inmates as defined in Lincoln, Natchitoches, Red River, Sabine, and Webster. Paragraph (1) of this Section may lawfully be confined. (b) One member shall be appointed by the secretary of state to serve a two-year term from (3) “Receiving state” means a state party to this compact to which an inmate is sent for among the members of the Louisiana State Fair Board. confinement other than a state in which conviction or court commitment was had. (c) Ten members shall be appointed by the secretary of state to serve four-year terms from (4) “Sending state” means a state party to this compact in which conviction or court a list of fifteen names submitted by the Friends of the Louisiana State Exhibit Museum and commitment was had. Discovery Center. (5) “State” means a state of the United States, the United States of America, a territory or (d) The museum chief administrative officer and the museum director, if any, shall each be possession of the United States, the District of Columbia, and the commonwealth of Puerto an ex officio member of the board. Rico. (1) Eleven members shall be appointed by the secretary of state. §773. Contracts (2) The secretary of state or his designee shall serve as a member. A. Each party state may make one or more contracts with any one or more of the other (3) The state archivist shall serve as a member. party states for the confinement of inmates on behalf of a sending state in institutions situated D. Each appointed member shall be confirmed by the Senate and shall serve a term within receiving states. Any such contract shall provide for the following: THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 190 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. (1) The duration of the contract. §776. Federal aid (2) Payments to be made to the receiving state by the sending state for inmate maintenance, Any state party to this compact may accept federal aid for use in connection with any extraordinary medical and dental expenses, and any participation in or receipt by inmates institution or program, the use of which is or may be affected by this compact or any contract of rehabilitative or correctional services, facilities, programs, or treatment not reasonably pursuant thereto. Any inmate in a receiving state pursuant to this compact may participate in included as part of normal maintenance. any such federally aided program or activity for which the sending and receiving states have (3) Participation in programs of inmate employment, if any; the disposition or crediting of made contractual provision. However, if such program or activity is not part of the customary any payments received by inmates on account thereof; and the crediting of proceeds from or correctional regimen, the express consent of the appropriate official of the sending state shall disposal of any products resulting therefrom. be required therefor. (4) Delivery and retaking of inmates. §777. Effectiveness (5) Such other matters as may be necessary and appropriate to fix the obligations, This compact shall enter into force and become effective and binding upon the states so responsibilities, and rights of the sending and receiving states. acting when it has been enacted into law by any two states. Thereafter, this compact shall B. The terms and provisions of this compact shall be a part of any contract entered into become effective and binding as to any other of such states upon similar action by such state. under the terms of the compact and the provisions of this Part, and nothing in any such §778. Withdrawal and termination contract shall be inconsistent with the compact or the provisions of this Part. This compact shall continue in force and remain binding upon a party state until it enacts §774. Procedures and rights legislation repealing the compact and providing for the sending of formal written notice of A. Whenever the duly constituted authorities in a state party to this compact, which has withdrawal from the compact to the appropriate officials of all other party states. An actual entered into a contract pursuant to R.S. 15:773, shall decide that confinement in, or transfer of withdrawal shall not take effect until one year after the notices provided in the statute have an inmate to, an institution within the territory of another party state is necessary or desirable been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed in order to provide adequate quarters and care or an appropriate program of rehabilitation hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a or treatment, such official may direct that the confinement be within an institution within the withdrawal state shall remove to its territory, at its own expense, such inmates as it may have territory of the other party state, the receiving state to act in that regard solely as agent for the confined pursuant to the provisions of this compact. sending state. §779. Other arrangements unaffected B. The appropriate officials of any state party to this compact shall have access, at all Nothing contained in this compact shall be construed to abrogate or impair an agreement reasonable times, to any institution in which it has a contractual right to confine inmates or other arrangement which a party state may have with a nonparty state for the confinement, for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be rehabilitation, or treatment of inmates, nor to repeal any other laws of a party state authorizing confined in the institution. the making of cooperative institutional arrangements. C. Inmates confined in an institution pursuant to this compact shall at all times be subject §780. Construction and severability to the jurisdiction of the sending state and may at any time be removed therefrom for transfer A. The provisions of this compact shall be liberally construed and shall be severable. If to a prison or other institution within the sending state, for transfer to another institution in any phrase, clause, sentence, or provision of this compact is declared to be contrary to the which the sending state may have a contractual or other right to confine inmates, for release constitution of any participating state or of the United States or the applicability thereof to any on probation or parole, for discharge, or for any other purpose permitted by the laws of the government, agency, person, or circumstance is held invalid, the validity of the remainder of sending state. However, the sending state shall continue to be obligated to such payments as this compact and the applicability thereof to any government, agency, person, or circumstance may be required pursuant to the terms of any contract entered into under the terms of R.S. shall not be affected thereby. If this compact shall be held contrary to the constitution of any 15:773. state participating therein, the compact shall remain in full force and effect as to the remaining D. Each receiving state shall provide regular reports to each sending state on the inmates of states and in full force and effect as to the state affected as to all severable matters. that sending state who are in institutions pursuant to this compact including a conduct record B. The secretary of the Department of Public Safety and Corrections is authorized and of each inmate and shall certify such record to the official designated by the sending state, in directed to do all things necessary or incidental to the carrying out of the compact in every order that each inmate may have official review of his record in determining and altering the particular. disposition of the inmate in accordance with the law which may obtain in the sending state and Approved by the Governor, May 23, 2018. in order that the same may be a source of information for the sending state. A true copy: E. All inmates who may be confined in an institution pursuant to this compact shall be treated R. Kyle Ardoin in a reasonable and humane manner and shall be treated equally with such similar inmates of Secretary of State the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which the inmate ACT No. 441 would have had if confined in an appropriate institution of the sending state. - - - F. Any hearing or hearings to which an inmate confined pursuant to this compact may HOUSE BILL NO. 767 be entitled by the laws of the sending state may be had before the appropriate authorities of BY REPRESENTATIVE GISCLAIR the sending state, or of the receiving state if authorized by the sending state. The receiving AN ACT state shall provide adequate facilities for such hearing as may be conducted by the appropriate To amend and reenact R.S. 32:388(B)(1)(b)(iv), relative to trucks hauling concrete or officials of a sending state. In the event such hearing or hearings are had before officials of construction aggregates; to extend the termination date for two years for the authorization the receiving state, the governing law shall be that of the sending state and a record of the of ready-mixed concrete trucks to exceed the maximum gross vehicle weight under certain hearing or hearings as prescribed by the sending state shall be made. The record together with conditions; and to provide for related matters. any recommendations of the hearing officials shall be transmitted forthwith to the official or Be it enacted by the Legislature of Louisiana: officials before whom the hearing would have been had if it had taken place in the sending state. Section 1. R.S. 32:388(B)(1)(b)(iv) is hereby amended and reenacted to read as follows: In any and all proceedings held pursuant to the provisions of this Subsection, the officials of §388. Penalties; payments the receiving state shall act solely as agents of the sending state and no final determination * * * shall be made in any matter except by the appropriate officials of the sending state. B.(1) G. Any inmate confined pursuant to this compact shall be released within the territory of the * * * sending state unless the inmate and the sending and receiving states shall agree upon release in (b) some other place. The sending state shall bear the cost of such return to its territory. * * * H. Any inmate confined pursuant to this compact shall have any rights and all rights to (iv) Effective from August 1, 2012, through July 31, 2018 2020, no truck hauling ready- participate in and derive any benefits or incur or be relieved of any obligations or have such mixed concrete shall be assessed a penalty for exceeding its maximum permissible gross weight, obligations modified or his status changed on account of any action or proceeding in which he as determined by law, provided the total excess weight is ten percent or less of such truck’s could have participated if confined in any appropriate institution of the sending state located maximum permissible gross weight, such truck contains a certificate evidencing its most within such state. recent mixer chip-out of build-up occurred within the previous ninety days, such truck does I. The parent, guardian, trustee, or other person or persons entitled under the laws of the not exceed the posted load while crossing a posted bridge, such truck is not operating on sending state to act for, advise, or otherwise function with respect to any inmate shall not the interstate system, and no tire on such truck exceeds its tire weight rating. If such truck’s be deprived of or restricted in his exercise of any power in respect of any inmate confined total excess weight is greater than ten percent of its maximum permissible gross weight, as pursuant to the terms of this compact. determined by law, such truck shall be assessed a penalty calculated on the total amount by §775. Receiving state review of sending state acts; extradition which the truck’s weight exceeds its maximum permissible gross weight, as determined by law. A. Any decision of the sending state in respect of any matter over which it retains jurisdiction For the purposes of this Item, a “ready-mixed concrete truck” is defined as a vehicle designed pursuant to this compact shall be conclusive upon and not reviewable within the receiving exclusively to transport or manufacture ready-mixed concrete and includes a concrete pump state, but if at the time the sending state seeks to remove an inmate from an institution in the truck engaged in hauling ready-mixed concrete. receiving state there is pending against the inmate within such state any criminal charge or if * * * the inmate is formally accused of having committed within such state a criminal offense, the Approved by the Governor, May 23, 2018. inmate shall not be returned without the consent of the receiving state until discharged from A true copy: prosecution or other form of proceeding, imprisonment, or detention for such offense. The R. Kyle Ardoin duly accredited officer of the sending state shall be permitted to transport inmates pursuant to Secretary of State this compact through any and all states party to this compact without interference. B. An inmate who escapes from an institution in which he is confined pursuant to this ACT No. 442 compact shall be deemed a fugitive from the sending state and from the state in which the - - - institution escaped from is situated. In the case of an escape to a jurisdiction other than HOUSE BILL NO. 877 the sending or receiving state, the responsibility for institution of extradition or rendition BY REPRESENTATIVE PIERRE proceedings shall be that of the sending state, but nothing contained in this Section shall be AN ACT construed to prevent or affect the activities of officers and agencies of any jurisdiction directed To enact R.S. 32:707(D)(4), relative to the documentation requirements for resale and toward the apprehension and return of an escapee. reassignment of vehicles; to provide requirements for bona fide fleet purchasers of motor THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under- PAGE 191 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. vehicles with an inventory exceeding eight thousand vehicles; and to provide for related Section 3. The Department of Transportation and Development is hereby directed to erect matters. and maintain appropriate signs of these designations provided local or private monies are Be it enacted by the Legislature of Louisiana: received by the department equal to the department’s actual costs for material, fabrication, Section 1. R.S. 32:707(D)(4) is hereby enacted to read as follows: mounting posts, and installation of each sign, not to exceed the sum of five hundred fifty §707. Application for certificates of title; exception; salvage title; antique vehicles; dollars per sign. reconstructed title Approved by the Governor, May 23, 2018. * * * A true copy: D. R. Kyle Ardoin * * * Secretary of State (4) Any bona fide fleet purchaser of motor vehicles with an inventory of over eight thousand vehicles shall complete the initial application for certificate of title electronically without the ACT No. 446 submission of a physical manufacturer’s certificate. After completion of the initial application, - - - the purchaser shall create an electronic image of the manufacturer’s certificate. The original HOUSE BILL NO. 71 notarized manufacturer’s certificate shall be remitted to the department within sixty days. The BY REPRESENTATIVE PUGH electronic manufacturer’s certificate shall be maintained on a purchaser’s database for a period AN ACT of twenty-four months. The commissioner may request a copy of the electronic manufacturer’s To amend and reenact R.S. 47:322.5(B) and 332.14, relative to the disposition of certain state certificate for audit purposes any time during the first twenty-four months after completion of sales tax collections in Tangipahoa Parish; to provide for deposits into the Tangipahoa Parish the initial application for certificate of title. Tourist Commission Fund; to provide for deposits into the Tangipahoa Parish Economic * * * Development Fund; to provide for an effective date; and to provide for related matters. Approved by the Governor, May 23, 2018. Notice of intention to introduce this Act has been published as provided by Article III, A true copy: Section 13 of the Constitution of Louisiana. R. Kyle Ardoin Be it enacted by the Legislature of Louisiana: Secretary of State Section 1. R.S. 47:322.5(B) and 332.14 are hereby amended and reenacted to read as follows: §322.5. Disposition of certain collections in Tangipahoa Parish ACT No. 443 * * * - - - B. The monies in the Tangipahoa Economic Parish Economic Development Fund shall HOUSE BILL NO. 5 be subject to an annual appropriation by the legislature. The monies in the fund shall be BY REPRESENTATIVE CONNICK utilized exclusively for economic development in Tangipahoa Parish. All unexpended and AN ACT unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. The To amend and reenact Civil Code Article 3463, relative to prescription; to provide for the effect monies in the fund shall be invested by the treasurer in the same manner as the monies in the of dismissal of a party in certain circumstances; and to provide for related matters. state general fund, and all interest earned shall be deposited in the state general fund. Be it enacted by the Legislature of Louisiana: * * * Section 1. Civil Code Article 3463 is hereby amended and reenacted to read as follows: §332.14. Disposition of certain collections in Tangipahoa Parish Art. 3463. Duration of interruption; abandonment or discontinuance of suit The avails of the tax imposed by R.S. 47:331 from the sales of services as defined in R.S. An interruption of prescription resulting from the filing of a suit in a competent court and 47:301(14)(a) in Tangipahoa Parish under R.S. 47:331(C) and 332, as applicable, shall be in the proper venue or from service of process within the prescriptive period continues as credited to the Bond Security and Redemption Fund, and after a sufficient amount is allocated long as the suit is pending. Interruption is considered never to have occurred if the plaintiff from that fund to pay all the obligations secured by the full faith and credit of the state which abandons, voluntarily dismisses the action at any time either before the defendant has made become due and payable within any fiscal year, the treasurer shall pay the remainder of such any appearance of record or thereafter, or fails to prosecute the suit at the trial. funds into the Tangipahoa Parish Tourist Commission Economic Development Fund as A settlement and subsequent dismissal of a defendant pursuant to a transaction or provided in and subject to R.S. 47:302.17 47:322.5. compromise shall not qualify as a voluntary dismissal pursuant to this Article. Section 2. This Act shall become effective on July 1, 2018. Approved by the Governor, May 23, 2018. Approved by the Governor, May 23, 2018. A true copy: A true copy: R. Kyle Ardoin R. Kyle Ardoin Secretary of State Secretary of State ACT No. 444 ACT No. 447 ------HOUSE BILL NO. 63 HOUSE BILL NO. 83 BY REPRESENTATIVES SCHEXNAYDER, ANDERS, BACALA, BERTHELOT, BY REPRESENTATIVE COUSSAN BRASS, TERRY BROWN, CARMODY, CARPENTER, STEVE CARTER, CHANEY, AN ACT COX, DAVIS, DWIGHT, EDMONDS, FOIL, GAINES, GISCLAIR, GLOVER, LANCE To amend and reenact R.S. 13:996.25(A) and to enact R.S. 13:961(F)(1)(v), relative to court HARRIS, HAZEL, HOFFMANN, HOLLIS, HOWARD, HUNTER, JACKSON, costs in the Fifteenth Judicial Court; to require the judges to determine certain fees to be JEFFERSON, JENKINS, JOHNSON, JONES, JORDAN, LEGER, MACK, MAGEE, paid to court reporters; to provide for an increase in civil court costs; to provide for an MARCELLE, MIGUEZ, POPE, REYNOLDS, RICHARD, SMITH, THOMAS, AND increase in criminal court costs; and to provide for related matters. ZERINGUE Be it enacted by the Legislature of Louisiana: AN ACT Section 1. R.S. 13:996.25(A) is hereby amended and reenacted and 13:961(F)(1)(v) is hereby To provide relative to state highways; to designate a portion of United States Highway 61 enacted to read as follows: as the “Deputy Brandon Nielsen and Deputy Jeremy Triche Memorial Highway”; and to §961. Court reporters; generally provide for related matters. * * * Be it enacted by the Legislature of Louisiana: F.(1)(a) Section 1. The portion of United States Highway 61 from Louisiana Highway 54 in Garyville, * * * Louisiana, to United States Highway 51 in Laplace, Louisiana, shall be hereafter known and (v) In the Fifteenth Judicial District, in all cases, except those to be filed in forma pauperis, a designated as the “Deputy Brandon Nielsen and Deputy Jeremy Triche Memorial Highway”. fee determined by a majority of the judges for each page and each copied page of all testimony Section 2. The Department of Transportation and Development is hereby directed to erect reported and transcribed shall be charged by and paid to the court reporter. and maintain appropriate signs of this designation provided local or private monies are received * * * §996.25. Judicial Expense Fund for Fifteenth Judicial District; established by the department equal to the department’s actual costs for material, fabrication, mounting A. In addition to all other fees or costs now or hereafter provided by law, the clerk of court posts, and installation of each sign, not to exceed the sum of five hundred fifty dollars per sign. of the Fifteenth Judicial District shall collect from every person filing any type of civil suit Approved by the Governor, May 23, 2018. or proceeding and who is not otherwise exempted by law from the payment of court costs, a A true copy: sum to be determined by the judges of said the district, sitting en banc, which sum shall not R. Kyle Ardoin exceed fifteen thirty-five dollars, subject, however, to the provisions of Louisiana Code of Civil Secretary of State Procedure, Article 5181, et seq. In all criminal cases over which the Fifteenth Judicial District ACT No. 445 Court has jurisdiction, there shall be taxed as costs against every defendant who is convicted - - - after trial or after plea of guilty or who forfeits his bond, a sum likewise determined, but which HOUSE BILL NO. 64 shall not exceed five twenty dollars and which shall be in addition to all other fines, costs, BY REPRESENTATIVE THIBAUT or forfeitures lawfully imposed and which shall be transmitted to the said clerk for further AN ACT disposition in accordance herewith with the provisions of this Section. To provide relative to state highways; to designate a portion of Louisiana Highway 415 in * * * Port Allen, Louisiana as the “Corporal Donna LeBlanc Memorial Highway”; to designate Section 2. In accordance with the provisions of R.S. 13:62, the increase in court costs or Louisiana Highway 418 in Lettsworth, Louisiana as “Buddy Guy Way”; and to provide for fees as provided for in R.S. 13:961(F)(1)(v) in this Act shall become effective if and when the related matters. Judicial Council provides a recommendation that such court costs or fees meet the applicable Be it enacted by the Legislature of Louisiana: guidelines in its report to the Louisiana Legislature. No fees shall be imposed or collected Section 1. The portion of Louisiana Highway 415 from Interstate 10 to Louisiana Highway without Judicial Council approval. 76, otherwise known as Rosedale Road in Port Allen, Louisiana, shall be hereafter known and Approved by the Governor, May 23, 2018. designated as the “Corporal Donna LeBlanc Memorial Highway”. A true copy: Section 2. Louisiana Highway 418 in Lettsworth, Louisiana, shall be hereafter known and R. Kyle Ardoin designated as “Buddy Guy Way”. 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 192 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.