Regular Session, 2006 SENATE BILL NO.

645

ACT No. 621
(Duplicate of House Bill No. 514)

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BY SENATOR MOUNT AND REPRESENTATIVE BRUNEAU AND COAUTHORED BY SENATORS SCHEDLER, DARDENNE, MICHOT AND THEUNISSEN AND REPRESENTATIVES SALTER, SCHNEIDER, BURNS, TOOMY, ALEXANDER, BEARD, BOWLER, CRANE, CROWE, DANIEL, DOVE, DOWNS, GEYMANN, GREENE, JOHNS, KATZ, KENNARD, KLECKLEY, LABRUZZO, LAMBERT, LANCASTER, MCVEA, MORRISH, PITRE, M. POWELL, T. POWELL, SCALISE, SMILEY, JANE SMITH, STRAIN, TRAHAN, TUCKER, WADDELL, WALSWORTH AND WINSTON

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AN ACT To amend and reenact R.S. 13:1, 471, 474, 477(introductory paragraph), 691(A), 759, 842(A), 846(A)(introductory paragraph), and 901, R.S. 18:402(D), and R.S. 44:71; to enact R.S. 13:474.1, 477(41), 621.41, 621.42, 621.43, 621.44 through 621.46, 714.1, 714.2, 751.1, 751.2, 751.3, 751.4, 751.5, 841.3, 983, 996.62 through 996.64, R.S. 33:1500, and Chapter 2-A of Title 44 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 44:181 through 185; and to repeal R.S. 9:2745, R.S. 13:1031 through 1147, 1211 through 1212.1, 1271 through 1312, 1335 through 1347, 1371 through 1372, 1377, 1381, and 1381.1 through 1400, R.S. 18:514(B), R.S. 33:1501.1 and 1519.1, and Part III of Chapter 5 of Title 35 of the Louisiana Revised Statutes of 1950, comprised of R.S. 35:321 through 338, and Chapter 3 of Title 44 of the Louisiana Revised Statutes of 1950, comprised of R.S. 44:201 through 268, relative to the reorganization and consolidation of the civil and criminal district courts and juvenile court, clerk of the civil and criminal district courts, and civil and criminal sheriffs in and for the parish of Orleans; to provide relative to the register of conveyances and recordation for the parish of Orleans; to provide, delineate, and Page 1 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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otherwise designate the powers, authority, duties, functions, compensation, fees, and related matters concerning the civil and criminal district courts, clerks of the civil and criminal courts, the civil and criminal sheriffs, the office and custodian of notarial records, the office of the register of conveyances, the office of the recorder of mortgages, and other judicial officers and officials for the parish of Orleans; to create the Forty-First Judicial District, its subsequent divisions, sections, magistrate, and commissioners; to abolish the Orleans Parish Juvenile Court and transfer its jurisdiction; to extend the terms of office of the judges of the juvenile court now in office; to transfer the jurisdiction of the juvenile court to the Forty-First Judicial District Court; to provide for the juvenile section of the Forty-First Judicial District Court; to create the Consolidated Judicial Expense Fund for certain courts; to provide for the consolidation of certain offices and judicial expense funds; to provide for the election of a single sheriff and clerk of court for the parish of Orleans commencing with the next election for parochial and municipal officers in Orleans Parish; to provide for the abolition of the separate offices of the civil and criminal sheriff; to provide for effective dates; to abolish the office of the register of conveyances, the office of the recorder of mortgages, and the office and custodian of notarial records; to provide transitional provisions; to provide for continuation of retirement system coverage; to provide for the reduction by attrition of judges upon retirement pursuant to recommendations of the Judicial Council; to direct the Louisiana State Law Institute to change statutory references necessitated by this Act and to make recommendations it deems necessary to clarify or modify its provisions, including the elimination of antiquated provisions; to provide for effective dates; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1.(A) Legislative intent and authority. The legislature recognizes that there should be effective, efficient, and economic administration of governmental services at all levels. It is the intent of the legislature that the public interest is best served by the elimination, to the fullest extent practicable, of the duplication of effort within local government in order to expend public funds more efficiently and wisely and to meet more Page 2 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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effectively and conveniently the needs of the people who provide the revenues for its operations, particularly in the wake of devastation wrought by hurricanes Katrina and Rita. It is the public policy of this state to ensure that all courts, officials, and offices enumerated in Article V of the Louisiana Constitution of 1974 are structured in a manner which is responsive to the needs of the people, operated efficiently, and consistent with the funds available. The state, as well as the city of New Orleans and its citizens, now have limited resources with which to support the number of judges and judicial offices it did prior to the hurricanes. While the legislature recognizes that many cities and parishes throughout the coastal areas of the state were devastated by hurricanes Katrina and Rita and their recovery should be addressed, this Act is intended to address the consolidation of some of the judicial offices of the city of New Orleans. The legislature finds that the structure of the judiciary in Orleans Parish is fragmented and inefficient and must be fundamentally changed if the city/ Orleans Parish is to flourish in the post-Katrina/Rita world. The costs of operating one district court, one clerk of the district court, and one sheriff will inherently be less due to economies of scale. The legislature recognizes that the city of New Orleans is of economic, historical, and cultural significance to this state and to this nation and that efficiency of its judiciary and offices comprising the judiciary is fundamental and that the legislature should provide the best framework for its future recovery. The consolidation of the courts and officers covered by this Act is critical to the future financial stability of the city and will ultimately lessen the financial burden to the citizens of the city of New Orleans and this state. The legislature recognizes that a judicial system founded 200 years ago is unrealistic and not viable in the 21st century. The legislature does hereby enact these provisions in accordance with the authority granted in Sections 16, 18, and 32 of Article V of the Louisiana Constitution of 1974. (B) One district court. It is the intent of the legislature that there be one district court for the parish of Orleans - the Forty-First Judicial District Court. The consolidation of the civil, criminal, and juvenile courts of the parish of Orleans into one Forty-First Judicial District Court is required for judicial efficiency and the timely administration of justice and will ultimately provide financial stability for all of the courts. (C) One clerk of court. The legislature finds that there should be one clerk of the Page 3 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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Forty-First Judicial District Court. In all parishes of the state, except Orleans Parish, there is one clerk of court in which all instruments and acts are filed for record. In Orleans Parish, all notarial acts are required to be filed and deposited in the office of the custodian of notarial records, all conveyances and leases of immovables are required to be recorded in the office of the register of conveyances, and all mortgages and encumbrances on movable and immovable property are required to be recorded in the office of the recorder of mortgages. It is the policy of this state that the manner in which acts of conveyance or mortgage of immovable property, chattel mortgages, filings under Chapter 9 of the Louisiana Commercial Laws, notarial acts, and all other acts filed for public record shall be uniform throughout the state and that the citizens of the city and parish of Orleans should be afforded the convenience and economy of filing a document for record in one office. (D) One sheriff. The legislature recognizes that the consolidation of the powers, duties, functions, and employees of the civil and criminal sheriffs into a single sheriff of the parish of Orleans is in the best interest of the citizens of the parish of Orleans and the state of Louisiana and that the historical reasons for having two sheriffs are no longer valid and sound economically. (E) Legislative action required now. The constitution prohibits decreasing the terms of judges and other elected officials during their terms of office, and accordingly, some of the provisions of this Act will not effect a consolidation until 2009, 2010, and 2015, respectively. The legislature declares, however, that the process must begin now so that the elected officials covered by this Act as well as their employees and the citizens of New Orleans can plan for the future and know that the district court, clerk, and sheriff are structured in the most efficient manner with vision for the future and not in a system established two centuries ago. Section 2. R.S. 13:1, 471, 474, 477(introductory paragraph), 691(A), 759, 842(A), 846(A) (introductory paragraph), and 901 are hereby amended and reenacted and R.S. 13:474.1, 477(41), 621.41, 621.42, 621.43, 714.1, 714.2, 751.1, 751.2, 751.3, 751.4, 751.5, 841.3, 983, and 996.62 through 996.64 are hereby enacted to read as follows: TITLE 13. COURTS AND JUDICIAL PROCEDURE CHAPTER 1. JUDICIAL OFFICERS AND EMPLOYEES, IN GENERAL Page 4 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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The minute clerks of the court of appeals and of the civil and criminal district courts of the parish of Orleans Forty-First Judicial District Court shall attend the sessions of the court for which they are appointed, and shall, under the supervision of the judge or judges of the courts, keep the minutes of the court, issue all notices, copies of rules and orders entered on the minutes, which are required to be issued, and make due entries on the dockets of the causes and of the proceedings therein, and shall perform such other duties as the judges may direct. * * *

CHAPTER 4. DISTRICT COURTS ORLEANS PARISH EXCEPTED PART I. GENERAL PROVISIONS §471. Scope of Chapter 4 The Except as otherwise provided by law to the contrary, the general provisions of R.S. 13:472 through 13:967 inclusive this Chapter shall not apply to the district courts court of Orleans parish, except as provided in Title 13, Chapter 5 Parish. * * *

§474. Registry of the district court; designation The district judges shall designate in each of the parishes in their respective judicial districts, the fiscal agent of each parish in his district, the parish of Orleans excepted, as a depository of any and all monies, stocks, bonds, notes, deeds, contracts, or documents of any nature belonging to minors, interdicts, absentees, or persons unknown, when, for any purpose, and for the benefit of such person or persons it is desired to keep such property safely. The bank so designated as the fiscal agent shall be known as the registry of the court in and for the parish and district concerned. §474.1. Judicial depository A. The bank or banks so designated as fiscal agent for such funds shall furnish adequate security, satisfactory to the judges, to secure the return and Page 5 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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B. It shall be the duty of the judges to endeavor to receive interest on all monies so deposited, and if, for any reason, the fiscal agent, or agents, so designated are unable or unwilling to pay interest on such deposit, the judges of the district court are hereby authorized to purchase certificates of deposit, and/or other forms of certificates of indebtedness bearing interest, or they may purchase short-term United States bonds, treasury notes, or certificates. C. Any and all interest received on all such monies so deposited, or from any certificates of deposit, certificates of indebtedness, or United States bonds, treasury notes, or certificates, shall be distributed in the following manner: (1) One-half of all interest so received, as received, shall be transferred to and shall form part of the Consolidated Judicial Expense Fund for the Forty-First Judicial District Court, in reimbursement and payment for the services rendered in administering said "registry of the court" fund by the judges, clerk, and other employees whose salaries are paid out of the fund. (2) The ultimate recipient of any of said funds so deposited in the registry of the court shall receive interest on such sum received by him, to be calculated on the following basis, to wit: (a) The rate of interest per annum to be paid such recipient shall be one-half of the average interest rate received from the fiscal agent and/or from certificates of deposit, certificates of indebtedness, United States government bonds, treasury notes, or certificates, during the period that the funds being disbursed were on deposit in the registry of the court. (b) Interest shall be paid such recipient on the same percentage of such sum he receives as the total amount of such registry funds invested with interest bears to the total of such funds held in the registry of the court during the preceding year. (c) In determining the amount of such registry funds invested with interest, and the total of such funds held in the registry of the court, as provided in Subparagraph (b) of this Paragraph, the basis for such determination shall Page 6 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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be the average daily balance of the total funds invested and the average daily balances of the total funds held in the registry of the court fund during the period that the funds being disbursed were on deposit in the registry of the court fund. D. In the event it becomes necessary to disburse funds which have been deposited in the registry of the Consolidated Judicial Expense Fund, in accordance with a duly rendered court order, in excess of the amount held by the fiscal agent of the fund, in its noninterest bearing account, the presiding judge or the acting chief judge of the Forty-First Judicial District Court, on an order issued by the majority of the judges of the district court, sitting en banc, shall have the authority to borrow such funds so needed for disbursal from the fiscal agent, or others, at the then prevailing interest rate for loans of this character, using as collateral to secure any such loan an amount of bonds, or certificates of deposit, or certificates of indebtedness in which funds have been invested, and, if required so to do by any such lending agency, to execute any note or other form of agreement to repay such loan. * * *

There shall be forty-one judicial districts in the state, the parish of Orleans excepted, and each district shall be composed as follows: * * *

(41) Orleans Parish shall compose the Forty-First District. * * *

§621.41. Forty-First Judicial District A.(1) The Forty-First Judicial District Court shall have twenty-six judges and one magistrate judge. (2) The Forty-First Judicial District Court shall have the same

jurisdiction as the district courts throughout the state, as fixed by the constitution, as provided in this Section, or as provided by law. B.(1) The judges of the Forty-First Judicial District Court by rule Page 7 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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adopted by a majority vote of the judges sitting en banc, with the consent of the judge of the respective division, may assign certain divisions of the court to a criminal section and certain divisions to a civil, domestic relations, or other section of the court. The judges of the Forty-First Judicial District Court, including the magistrate judge, en banc, shall assign certain divisions of the court to a juvenile section when the Juvenile Court of the parish of Orleans is abolished and jurisdiction of that court is transferred to the Forty-First Judicial District Court. (2) Notwithstanding any principal assignments to divisions, all divisions of the court shall retain general jurisdiction to hear all matters. C. The Forty-First Judicial District Court shall be composed of divisions A through Z and the magistrate judge over the magistrate section. D. The judges presently presiding over Divisions A through N of the Civil District Court for the parish of Orleans shall preside over Divisions A through N of the Forty-First Judicial District Court. The judges shall continue to serve until the thirty-first day of December of the year in which their terms expire. E. The judges presently presiding over Divisions A through L of the Criminal District Court for the parish of Orleans shall preside over Divisions O through Z of the Forty-First Judicial District Court. The judges shall continue to serve until the thirty-first day of December of the year in which their terms expire. F.(1) The Forty-First Judicial District Court shall have general

supervisory jurisdiction over the municipal and traffic courts and appellate jurisdiction of all misdemeanor cases tried before the Municipal Court and the Traffic Court. Appeals from the municipal and traffic courts shall be on the law and the facts and shall be tried upon the records made and the evidence offered in said courts by the judge to whom the appeal shall be allotted. In all misdemeanor cases tried before the judges of the Forty-First Judicial District Court, an appeal shall lie on questions of law and fact to two or more of the judges, as prescribed by said court. The judges shall adopt rules regulating the Page 8 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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(2) The Forty-First Judicial District Court has appellate jurisdiction over all cases tried in the city courts of said court where the amount in dispute, value of the movable property involved, or fund to be distributed does not exceed one hundred dollars, exclusive of interest. These appeals shall be tried de novo by a single judge and without a jury; however, the Forty-First Judicial District Court may provide by rule that no evidence shall be admitted on the trial de novo which was not offered in the city court unless it is shown to the satisfaction of the court that despite the exercise of reasonable diligence by the party offering it such evidence could not have been produced at the trial in the city court. G. All judges of the Forty-First Judicial District shall be elected by the qualified electors of the parish for terms of six years at the congressional election immediately preceding the expiration of their terms, and every six years thereafter. Each judge shall take office on the first day of January of the year following election and shall serve through December thirty-first of the last year of his term. Any candidate for election to the office of judge of this court must designate the division for which he is a candidate, and, if elected, shall succeed to the office of judge of the division for which he was a candidate. The judge oldest in continuous service in each division of the district court shall preside, and in the event two or more judges shall have served the same length of time, the judge oldest in years shall preside. H.(1) Subject to the recommendations of the committee provided for in R.S. 13:996.62, on the date that the Forty-First Judicial District Court becomes effective, all of the books, papers, records, monies, actions, and other property of every kind and description, movable and immovable, real and personal, possessed, controlled, or used by the Civil District Court for the parish and Criminal District Court for the parish shall be transferred and be owned, possessed, controlled, and used by the Forty-First Judicial District Court. (2) The judges of the Forty-First Judicial District, including the Page 9 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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magistrate judge, shall retain all accrued benefits and contributions to which they were entitled and shall continue to contribute, if applicable, to the retirement system or pension fund to which they were contributing on December 31, 2008. The salaries of the judges and group health and life insurance premiums shall continue to be paid from the same sources and in the same manner in which they were paid on December 31, 2008; however, the payment of health and life insurance premiums shall be in accordance with the unified group health and life insurance program adopted by the committee provided for in R.S. 13:996.62. (3) The employees of the Civil District Court for the parish and the Criminal District Court for the parish shall be transferred in accordance with this Section, to the extent required and in accordance with applicable civil service laws, and shall be subject to the supervision and control of the Forty-First Judicial District Court. The employees transferred in accordance with this Section shall continue to contribute to the retirement system or pension fund to which they were contributing on the effective date of this Section, including the retention of all accrued benefits and contributions to which they were entitled on the effective date of this Section. The salaries of the employees shall continue to be paid from the same sources and in the manner in which they are paid on December 31, 2008. The employees shall continue to be entitled to participate in the same health and life insurance plans they are participating in on December 31, 2008. I. Pursuant to the provisions of R.S. 13:61, as amended by Act 16 of the First Extraordinary Session of 2006, the Judicial Council is hereby requested to make recommendations as to the total number of district court judges in the parishes necessary to effectively and efficiently serve the administration of justice in the parishes, taking into consideration such factors as the funding of the operations of the court, the population of the parishes, and the caseload of the divisions and each section of the court. The recommendations shall be submitted to the legislature not later than March 1, 2007 in accordance with Act Page 10 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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16 of the First Extraordinary Session of 2006. If the council recommends a reduction in the total number of judges, such reduction shall be accomplished by attrition or retirement, unless otherwise provided by law. §621.42. Domestic Relations Section There shall be a Domestic Relations Section, composed of three judges from the divisions of the Forty-First Judicial District Court designated in R.S. 13:621.41(D). Domestic relations cases shall consist of all domestic matters, including suits for divorce or annulment, alimony, child support, custody of children, partition of community property, adoption, and any other similar matters which the court, en banc, may designate as domestic relation matters or cases. §621.43. Forty-First Judicial District; office or positions and functions The Forty-First Judicial District Court shall have a position or office of judicial administrator, deputy judicial administrator, and assistants as needed, at least twenty-six law clerks, and at least eight secretaries, and shall provide for the conduct of the jury commission and sanity hearings, the cost of all of which shall be allocated by the Judicial Budgetary Control Council to such court; however, the positions provided for in R.S. 13:1384 shall be paid as required by the provisions of that Section. * * *

SUBPART C. COMPENSATION §691. Annual salaries of district judges; certain civil district court judges; certain criminal district court judges; and certain juvenile and family court judges A. The annual salary of each of the several district judges of judicial districts; including the civil district court judges and the criminal district court judges of the parish of Orleans; the magistrate of the criminal district court for the parish of Orleans Forty-First Judicial District; the judges of the juvenile court of the parish of Orleans, the parish of Caddo, the parish of East Baton Rouge, and the parish of Jefferson; and the judges of the family court of East Baton Rouge Parish, shall be Page 11 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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seventy-five thousand dollars in the amount provided in accordance with the provisions of R.S. 13:42 et seq., payable monthly upon the warrant of the judge. * * *

SUBPART D. MAGISTRATES AND COMMISSIONERS * * *

§714.1. Magistrate Section, Forty-First Judicial District; judge; election; salary; powers; jurisdiction A. In addition to the judges provided for in R.S. 13:621.41(C), there shall be one additional judgeship who shall be assigned to the Magistrate Section of the Forty-First Judicial District Court, except as otherwise provided for in this Section. The judge shall be known as the magistrate and shall preside over the Magistrate Section. The magistrate shall receive the same salary, payable in the same manner, as the state pays to the other judges of the Forty-First Judicial District Court. The magistrate shall be elected at the same time, shall take office at the same time, and shall serve for the same term of office as the other judges of the Forty-First Judicial District Court. The magistrate shall be a member of the court sitting en banc. B. The magistrate shall have and possess all of the powers, duties, jurisdiction, rights, prerogatives, and qualifications as are now prescribed by the constitution and laws of this state relative to judges of the Forty-First Judicial District Court, except as provided herein. C. The magistrate shall have jurisdiction to act as committing

magistrate in felony and misdemeanor charges and to hold preliminary examinations, with the authority to bail or discharge, or to hold for trial, in all cases before the Forty-First Judicial District Court, and shall have the power to adopt all necessary rules with respect thereto. D. The magistrate shall hear preliminary motions, conduct extradition hearings, accept pleas in misdemeanor cases, hear and render judgments in other matters, including misdemeanor cases, preliminary to the trial on the merits, conduct trials of misdemeanor cases, preside over jury trials of Page 12 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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misdemeanor cases, and sign and issue search and arrest warrants upon probable cause being shown in accordance with law. The magistrate shall have the right to appoint a court reporter, deputy court reporter, and minute clerk as provided by law, and the sheriff for the parish shall appoint a crier and deputy sheriff for the section of the court created herein as provided by law. E. The Forty-First Judicial District Court, including the magistrate of the Magistrate Section of said court, acting en banc, shall prescribe rules and procedures not inconsistent with the constitution and laws of this state to be followed in all matters to be presented before the Magistrate Section. §714.2. Commissioners; Magistrate Section; Forty-First Judicial District Court A.(1) There shall be four commissioners appointed to the Magistrate Section of the Forty-First Judicial District Court. The persons appointed to the offices of commissioner created by this Section shall be known as commissioners and shall not be judges, but shall have the same qualifications, powers, duties, jurisdiction, and functions, all as is now or hereafter provided for the judge in the Magistrate Section of the Forty-First Judicial District Court. commissioners shall serve a term of six years. (2) The salary of the commissioners of the Forty-First Judicial District Court for the parish shall be fifty-five percent of the salary paid to a judge of the Forty-First Judicial District Court, said salary and related benefits as provided for by law, to be payable in the same manner and from the same sources as the salary and benefits of a judge of the Forty-First Judicial District Court. The support services and personnel including minute clerks and stenographers, as shall be necessary for the offices of commissioner, and such supporting services and personnel shall be paid in the same amount and from the same source as they are paid on December 31, 2008. (3) The judges of the Forty-First Judicial District Court, sitting en banc, shall determine the further powers, duties, functions, and policy affecting the offices of commissioner, not inconsistent with the provisions of this Section. B. Should there be a vacancy created by the removal, resignation, or Page 13 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. The

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death of any commissioner, the judges of the district court, sitting en banc, shall fill the vacancy by appointment for the unexpired term. At the termination of the initial term and/or any subsequent terms of a commissioner, said judges, sitting en banc, shall appoint successors to the office for like terms. All commissioners are subject to removal for any reason for which a judge of the Forty-First Judicial District Court may be removed from office. Such removal shall be by order of the judges sitting en banc, after notice and hearing. No person shall serve as commissioner unless he has practiced law in the state of Louisiana for a period of not less than five years. C. No commissioner of the magistrate office shall practice law before the Forty-First Judicial District Court. * * *

SUBPART B. CLERKS * * *

§751.1. Clerk of the Forty-First Judicial District Court A.(1) There shall be one clerk of the Forty-First Judicial District Court who shall be elected by the qualified electors of Orleans Parish. He shall be elected at the election for parochial and municipal officers in Orleans Parish, shall serve for a term of four years, and shall take office and begin his term on the first Monday in May following election. The clerk shall be called the clerk of court of the Forty-First Judicial District Court. No separate clerk of the Civil District Court for the parish of Orleans and no separate clerk of the Criminal District Court for the parish of Orleans shall be elected in 2010 or thereafter. (2) Beginning on the date that the judges elected to serve on the Forty-First Judicial District Court take office on January 1, 2009, and until such date as provided in Subsection B of this Section, the clerk of court for the Civil District Court for the parish of Orleans shall serve as the clerk for the Forty-First Judicial District Court, Civil Section, and the clerk of court for the Criminal District Court for the parish shall serve as the clerk for the Forty-First Judicial District Court, Criminal Section. Page 14 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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parish is elected, the separate offices of the clerk of the Civil District Court for the parish of Orleans and the clerk of court of the Criminal District Court for the parish of Orleans shall be abolished and the functions, duties, and responsibilities of their respective offices shall be merged and consolidated within the office of the clerk of court of the Forty-First Judicial District Court. C. All of the books, papers, records, monies, actions, and other property of every kind and description, movable and immovable, real and personal, possessed, controlled, or used by the clerk of the Civil District Court for the parish of Orleans and the clerk of the Criminal District Court for the parish of Orleans shall be transferred and be owned, possessed, controlled, and used by the clerk of the Forty-First Judicial District Court. D. The employees of the clerk of the Civil District Court for the parish of Orleans and the clerk of the Criminal District Court for the parish of Orleans shall be transferred in accordance with this Section, to the extent required and in accordance with applicable civil service laws and rules, and shall be subject to the supervision and control of the clerk of the Forty-First Judicial District Court. The employees transferred in accordance with this Section shall continue to contribute to the retirement system or pension fund to which they were contributing on the effective date of this Section, including the retention of all accrued benefits and contributions to which they were entitled on the effective date of this Section. The salaries of the employees of the clerk of Civil District Court and the clerk of Criminal District Court shall continue to be paid from the same sources and in the manner in which they were paid on the effective date of this Section. §751.2. Salary The provisions of R.S. 13:782 shall apply to the clerk of the Forty-First Judicial District Court except as otherwise provided therein and he shall receive a salary as established in R.S. 13:782(A) based on the applicable population of the parish according to the latest United States census which shall be payable Page 15 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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out of the Consolidated Judicial Expense Fund. In addition to this amount, the clerk shall receive a salary of ten thousand dollars which shall be payable by the state. §751.3. Expenses In addition to his salary, the clerk of the Forty-First Judicial District Court shall receive a sum not to exceed ten percent of his annual salary as an expense allowance. This allowance shall be payable out of the expense fund or its successor upon the warrant of the clerk. §751.4. Clerk’s salary fund Except as provided in R.S. 13:783(C), the clerk of the Forty-First Judicial District Court shall collect all fees and charges due his office and deposit them in a fund known as the Clerk’s Salary Fund. The clerk shall keep an accurate set of books in connection with this fund showing all receipts of his office, including notarial fees, and all expenditures. On or before the tenth of October each year, he shall render a statement from the books for the fiscal year beginning July first and ending June thirtieth to the governing body of the parish. A clerk who fails to comply with this Section shall forfeit to the parish fifty percent of the compensation received by him under R.S. 13:782. §751.5. Cross-references The provisions of R.S. 13:750 and 750.1 shall apply in Orleans Parish. * §759. Election; term of office Except for the clerks clerk of the Civil District Court and the criminal district court for the parish of Orleans Forty-First Judicial District Court and except for clerks of district courts elected at special elections, each clerk of a district court shall be elected at the gubernatorial election, shall serve for a term of four years, and shall take office and begin his term on the first day of July following election. * * * * *

SUBPART C. FEES * * *

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§841.3. Fees; clerk for the Forty-First Judicial District; collection The clerk of the Forty-First Judicial District Court shall collect the fees set forth in R.S. 13:1213.1 and shall deposit no less than sixty percent of the amounts collected in the Clerk's Operational Fund. The remaining funds shall be deposited in the Consolidated Judicial Expense Fund. §842. Advance costs A. The clerks of the district courts shall demand and receive from the plaintiff or plaintiffs in each ordinary suit, whether accompanied by conservatory writs or not, not less than twenty dollars or such other amount as may be fixed by law for advanced costs, to be disbursed to the clerk's salary fund or to others as their fees accrue. Whenever the costs have exhausted the amount of the original advance deposit, the clerk may refuse to perform any further function in the proceeding until the additional costs for the function have been paid, in accordance with the fees set forth in R.S. 13:841 or, for the Forty-First Judicial District Court, as set forth in R.S. 13:841.3. * * *

§846. Additional fees; attending court sessions; transcripts of appeal in criminal cases; costs of prosecution; forfeited bail bond A. In addition to other fees fixed by law, the clerks of the several district courts throughout the state of Louisiana, the parish of Orleans excepted, shall be entitled to demand and receive the following fees of office: * * *

§901. Requirements for indexing names contained in notarial acts The clerks of the various courts, including the recorder of mortgages and the register of conveyances for the parish of Orleans, shall index any notarial act required to be recorded in the names of the natural persons as recited in the act, including the Christian name, middle name or middle initial, and family name of such natural person. In addition, if a woman is a party to a notarial act, such act shall also be indexed in her married name. * * *

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§983. Court reporters for the Forty-First Judicial District Court A.(1) Each judge of the Forty-First Judicial District may appoint no more than two court reporters for his division, which reporters shall hold office until it is declared vacated by the judge making such appointment. (2) The judges of the Forty-First Judicial District, sitting en banc and with approval of the governing authority of the parish, may appoint additional qualified court reporters as they deem necessary, who shall serve at the pleasure of the court en banc and may be assigned to the various divisions of the court, or to the grand jury, as the court en banc may direct. B. Each court reporter appointed under the provisions of this Section shall be required to take an oath of office and furnish bond for the faithful performance of the duties of the office. The bond shall be in favor of the judges of the Forty-First Judicial District Court for the purpose of protecting litigants against any acts of incompetence or neglect of duty by the court reporter. The bond shall be recorded and filed in the office of the clerk of court. Any party litigant shall have the right to sue on said bond for any damages sustained through any wrongful act or neglect of duty by the court reporter in the performance of his duties as official court reporter. C. The court reporters shall report in shorthand, stenotype, by

recording machine, or in any recognized manner, and transcribe into longhand by typing or printing all the testimony taken in all civil appealable cases and shall furnish for the purposes of appeal the necessary copies of the testimony required by law. D. The court reporters shall work concurrently under the direction and supervision of the judges appointing them, according to the needs of the judicial district, in the interest of expediting the business before the court. E. Each court reporter shall perform secretarial duties for the district judge appointing the reporter, particularly in the absence of the judge's regular secretary. F. The court reporters shall receive a monthly salary to be fixed and Page 18 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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determined by the judges of the Forty-First Judicial District sitting en banc, upon approval of the governing authority of the parish. The salaries shall be paid out of the general fund of the parish. The governing authority for the parish shall budget the salaries in its budget of annual expenses. Upon approval by the court, a portion thereof may be paid out of the Consolidated Expense Fund for the Forty-First Judicial District. G.(1)(a) In all civil cases, a fee of one dollar and fifty cents per original page of transcript, fifty cents per page for additional pages of original transcript for the first copy, and thirty-five cents per page for additional copies reported and transcribed beyond the first copy shall be charged by and paid to the court reporter for reports and for transcribing the testimony which shall be retained by him as compensation in addition to the salary as provided herein, and shall be taxed as costs of the suit in which the testimony is taken to be collected by the clerk of court, except in pauper cases. (b) Payment of the fees shall be made primarily by the appellant immediately upon the transcription of the evidence, and the court reporter shall not be required to file the transcript with the clerk of court before payment. (2) Should the appellant fail or refuse to make such payment, the appellee or any other party to the suit may make the same and have it assessed as costs. (3) Even though counsel may attempt to procure a transcript of the entire record by alleging that the entire record is necessary to support a motion for a new trial, the trial judge shall not order the entire transcript to be typed unless he deems it indispensable to the record of the motion or proceedings. H.(1)(a) In all pauper cases under Code of Civil Procedure Article 5181 et seq., the governing authority for the parish shall pay to the court reporter for the transcribing of testimony, when an appeal is taken or upon order of the judge, one-half of the amount as would otherwise be required to be paid by the party who is proceeding in forma pauperis. (b) Such amount shall be paid at the time the transcription is filed, but Page 19 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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(c) Such payments by the parish shall not exceed the sum of twenty-five hundred dollars for any one year. (2) The governing authority of the parish, upon making payment to any court reporter pursuant to this Section shall be legally subrogated to the rights of the court reporter as to all sums so paid for the transcription of testimony in pauper cases. (3) All judgments in cases in which the pauper shall be cast for costs, together with the statement of such costs, shall be recorded by the clerk of court in the mortgage records of the parish and such judgments when so recorded shall operate as judicial mortgages in favor of the parish governing authority. I.(1) The court reporters shall record such criminal proceedings as may be required by law or as ordered by the court. (2)(a) No fee shall be charged for taking evidence on assignments of error, motions, or other pleadings in criminal cases, unless approved by the presiding judge. (b) When so approved, any such payment may be made from the Consolidated Expense Fund for the Forty-First Judicial District when the defendant is indigent and judges sitting en banc have approved the payment. (c) In such cases, however, only properly designated portions of the record shall be transcribed. J. The court reporters shall be provided with any office supplies necessary for the reporting and transcription of any notes of evidence taken by the court reporters. Each court reporter shall be responsible for all traveling expenses and other expenses incurred in the discharge of his duties. K. In criminal cases, the notes shall be maintained indefinitely and shall be returned to the appropriate court upon termination of employment. In other matters, the court reporters shall file and maintain their notes for a period of one year after judgment has become final. L. The clerk of court shall collect from every person filing any civil suit Page 20 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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or proceeding, and who is not otherwise exempted by law from the payment of court costs, a sum to be determined by the judges of the district, sitting en banc, which sum shall not exceed fifteen dollars, subject, however, to the provisions of Code of Civil Procedure Article 5181 et seq. * * *

§996.62. Consolidated Judicial Expense Fund for the Forty-First Judicial District A.(1) Effective January 1, 2009, there is hereby created a fund for the Forty-First Judicial District Court, the juvenile court for the parish of Orleans, and the First and Second City Courts of the city of New Orleans which shall be known as the “Consolidated Judicial Expense Fund.” As used in this Section, “judges” shall mean the judges of the courts enumerated in this Subsection. (2) There is hereby created a committee of the following judges: three judges from the civil district court who shall be the chief judge and two of his designees, three judges from the criminal district court, including the magistrate judge, who shall be the chief judge and two of his designees, one judge from the juvenile court for the parish of Orleans with the most seniority, and one judge from the first or second city court with the most seniority. The chairman of the committee shall be elected by majority vote and serve for one year on a rotating basis among each court. (3) Beginning on January 1, 2007, the committee designated in Paragraph (2) of this Subsection shall: (a) Review all funds and funding sources for the courts enumerated in this Subsection. (b) Have an audit conducted by an independent certified public account of all monies, deposits and accounts possessed, controlled, exercised, or used by a court or judge. (c) Identify all obligations and debts of the courts enumerated in this Subsection. (d) Recommend appropriate funding levels and the sources for such Page 21 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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(e) Recommend the appropriate method for consolidating all funds, monies, deposits, accounts, obligations and debts of the enumerated courts into the Consolidated Judicial Expense Fund. (4) The committee shall report its findings and recommendations to the Senate Committee on Judiciary A and the House Committee on Judiciary not later than January 1, 2008. B.(1) Notwithstanding any other law to the contrary, effective January 1, 2009, all monies, deposits, accounts heretofore possessed, controlled, exercised, or used by a court or judge separately or collectively, enumerated in Subsection A of this Section shall be transferred to the Consolidated Judicial Expense Fund, in accordance with the recommendations of the Consolidation Review Committee, and monies so allocated to the fund shall be continued to be paid from the same sources as provided therein into a special account designated as the Consolidated Judicial Expense Fund. (2) This Section shall not apply to those funds collected pursuant to R.S. 13:1141(A) and R.S. 13:1381.1. (3) The judges shall cause to be conducted annually an audit of the fund and the books and accounts relating thereto, and shall file the same with the office of the legislative auditor where it shall be available for public inspection. (4) The monies in the Consolidated Judicial Expense Fund may be used for any purpose connected with, incidental to, or related to the proper administration or function of the courts and judges designated in Subsection A of this Section or the offices of the judges thereof and is in addition to any and all other funds, salaries, expenses, or other monies that are provided, authorized, or established by law. The establishment of the Consolidated Judicial Expense Fund in no way relieves or extinguishes any obligation of the city of New Orleans to fund the court system. (5) The judges, en banc, may further appoint such secretarial, clerical, research, administrative, or other personnel as they deem necessary to expedite Page 22 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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the business and function of the court and fix and pay all or any part of the salaries of such personnel out of the monies in the Consolidated Judicial Expense Fund. In like manner, the judges, en banc, may utilize the monies in the Consolidated Judicial Expense Fund to pay all or any part of the cost of establishing or maintaining, or both, a law library for the court, or for buying or maintaining, or both, any type of equipment, supplies, or other items consistent with or germane to the efficient operation of the court. In general, the Consolidated Judicial Expense Fund is established and may be used for any purpose or purposes connected with, incidental to, or related to the proper administration or function of the said court or the offices of the individual judges and is in addition to any and all other funds, salaries, expenses, or other monies that are now or hereafter provided, authorized, or established by law for any of the aforesaid purposes. C.(1) The judges, en banc, may utilize the monies in the Judicial Expense Fund to pay all or any part of the cost of planning, designing, and constructing a new courthouse for the parish, which may house the following courts and all related support offices: (a) District court for the parish. (b) City courts. (c) Juvenile courts. (2) Any contract for the planning, designing, or construction of a new courthouse shall be subject to the public bid laws. The provisions of this Subsection shall not affect the obligation of the city of New Orleans to provide buildings to house the Civil District Court and the other courts housed therein and the Criminal District Court. D. The legislature hereby specifically states that this Section is in no way and to no extent intended to nor shall it be construed in any manner which will impair the contractual or other obligations of any fund transferred by this Subpart or of the state of Louisiana. It is hereby specifically provided that all obligations of any fund transferred in accordance with this Subpart hereafter Page 23 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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shall be deemed to be the obligations of the Consolidated Judicial Expense Fund for the Forty-First Judicial District to which the fund is transferred to the same extent as if originally made by said fund. This transfer of obligations shall in no way create a personal obligation for any judge of the Forty-First Judicial District Court, if no such obligation existed prior to the transfer. In like manner, and in order to prevent any violation of the provisions, terms, or conditions of any gift, donation, deed, will, trust, or other instrument or disposition by which property of any kind has been vested in a fund transferred by this Section, or diversion from the purposes for which such property was thus vested in any fund, it is hereby specifically provided that each such instrument or disposition hereafter shall be deemed to have been vested in the Consolidated Judicial Expense Fund for the Forty-First Judicial District to which the fund is transferred in the same manner and to the same extent as if originally so done. E. The Consolidated Judicial Expense Fund for the Forty-First Judicial District to which each fund is transferred shall be the successor in every way to each fund transferred and from which functions are or may be merged and consolidated, including all of the obligations and debts of each fund. In like manner, all other dedications and allocations of revenues and sources of revenues heretofore made, which are constitutional under the Constitution of Louisiana of 1974, shall continue, until otherwise hereafter provided by the constitution, in the same manner, to the same extent, and for the same purposes as were provided prior to the enactment of this Section. F. The provisions of this Section shall not be construed or applied in any way which will prevent full compliance by the state, or any department, office, or agency thereof, with the requirements of any Act of the Congress of the United States or any regulation made thereunder by which federal aid or other federal assistance has been or hereafter is made available to this state, or any department, office, agency, or subdivision thereof, anything contained in this Subpart to the contrary notwithstanding, and such compliance hereafter shall Page 24 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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be insofar as such compliance affects any fund transferred in accordance with the provisions of this Section. G. Upon the transfer of each fund in accordance with this Section, any pending or unfinished business of each such fund shall be taken over and be completed by the Consolidated Judicial Expense Fund for the Forty-First Judicial District with the same power and authority as that of the fund transferred. The Consolidated Judicial Expense Fund shall be the successor in every way to each fund, and every act done by the Consolidated Judicial Expense Fund in the exercise of the functions of each shall be deemed to have the same force and effect under any provisions of the constitution and laws in effect on the effective date of this Section as if done by the fund transferred. §996.63. Indigent transcript fund; reporter's fees A. The additional cost of fourteen dollars may be taxed against every nonindigent defendant who is convicted after trial or after a plea of guilty or who forfeits his bond in connection with any other criminal offense. B. All funds received under this Section shall be used to pay court reporter fees for transcripts prepared for indigent defendants, including bills of exceptions, trials, motions, hearings on writs, and all court proceedings. C. The judges of the Forty-First Judicial District Court, sitting en banc, may, by a majority vote of all members, authorize the payment of fees, to be determined by the court, to the deputy court reporters for the transcription of indigent defendant cases. §996.64. Fees; fines; assessed, collected in Forty-First Judicial District Court A. Any defendant, other than an indigent, who pleads guilty or is convicted of an offense in the Forty-First Judicial District Court shall be assessed a fee of not less than twenty-five dollars, such costs to be in addition to any fine, clerk's fees, costs due to the Consolidated Judicial Expense Fund or sentence imposed by the court. B. Costs assessed against defendants pursuant to this Section collected by the sheriff of the parish. All sums so collected shall be deposited in the Page 25 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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Consolidated Judicial Expense Fund for the Forty-First Judicial District Court. C. When any bail bond posted in the Forty-First Judicial District Court guaranteeing the appearance of any defendant in any case in the district court has been forfeited, said surety company and/or local agent and/or insurance company for which said agent is writing bail bonds, shall be assessed costs not more than twenty-five dollars. The forfeiture of any bond referred to

hereinabove shall not be set aside until the above costs have been paid, in addition to the other legal requirements of law having been met for the setting aside of the forfeiture. Costs assessed against surety companies pursuant to this Section shall be collected and administered in the same manner as that set out in Subsection B of this Section. D.(1) In all nonindigent criminal cases over which the Forty-First Judicial District Court has original, appellate, supervisory, or concurrent jurisdiction, including traffic violations other than parking, there shall be taxed as costs against every defendant who is convicted after trial or plea of guilty or nolo contendere or who forfeits his bond the sum of five dollars, which shall be in addition to all other fines, costs, or forfeitures lawfully imposed and which shall be transmitted to the Consolidated Judicial Expense Fund. (2) In addition to all other fines, costs, or forfeitures lawfully imposed by this Section or any other provision, the court may impose an additional cost against any defendant who has been finally convicted of a misdemeanor, excluding traffic violations, or a felony. The additional costs authorized in this Paragraph shall not exceed five hundred dollars in the case of a misdemeanor nor exceed two thousand five hundred dollars in the case of a felony. All such sums collected shall be transmitted to the Consolidated Judicial Expense Fund. * * *

Section 3. R.S. 18:402(D) is hereby amended and reenacted to read as follows: §402. Dates of primary and general elections * * *

D. Parochial and municipal elections in a parish containing a municipality Page 26 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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with a population of four hundred seventy-five thousand or more. Elections for parochial and municipal officers in a parish containing a municipality with a population of four hundred seventy-five thousand or more shall be held every four years, beginning in 1986 2006. (1) Except as otherwise provided in this Subsection, primary Primary elections for parochial and municipal officers in a parish containing a municipality with a population of four hundred seventy-five thousand or more shall be held on the first Saturday in February of an election year. (2) Except as otherwise provided in this Subsection, general General elections for parochial and municipal officers in a parish containing a municipality with a population of four hundred seventy-five thousand or more shall be held on the fourth Saturday after the first Saturday in February of an election year. (3) The primary and general elections for the offices of recorder of

mortgages and register of conveyances for the parish of Orleans shall be held at the congressional elections set forth in Subsection B of this Section. * * *

Section 4. R.S. 33:1500 is hereby enacted to read as follows: §1500. Sheriff for parish of Orleans; election; term A. There shall be one sheriff for the parish of Orleans, who shall be elected by the qualified electors of the parish of Orleans. He shall be elected at the election for parochial and municipal officers in Orleans Parish, shall serve for a term of four years, and shall take office and begin his term on the first Monday in May following his election. B. When the sheriff provided for in Subsection A of this Section takes office, the separate offices of the civil sheriff and the criminal sheriff for the parish of Orleans shall be abolished, and the sheriff shall be the successor to and exercise all of the functions, duties, and responsibilities of their respective offices, which shall be merged and consolidated within the office of the sheriff for the parish of Orleans. C.(1) All books, papers, records, money, actions, and other property of Page 27 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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every kind and description, movable and immovable, real and personal, possessed, controlled, or used by the civil sheriff and the criminal sheriff shall be transferred to the office of the sheriff. (2) The sheriff shall have and shall exercise all of the powers, duties, and functions of the civil sheriff of the parish of Orleans and the criminal sheriff of the parish of Orleans. The sheriff shall provide for the ongoing merger and consolidation of the offices of the civil and criminal sheriff within his office and shall develop a plan for retaining, appointing, removing, assigning and promoting such deputies and other personnel necessary for the efficient and effective operation of his office. The sheriff shall complete the merger and consolidation as soon as practicable after taking office. This plan shall include detailed procedures for the realignment, distribution, assignment, consolidation, and coordination of the powers, duties, functions, and responsibilities of each office and also shall include procedures for the transfer and utilization of positions, personnel, funds, office space, facilities, and equipment, including relocation of facilities if deemed appropriate. The sheriff shall accomplish the consolidation of the offices of the civil and criminal sheriff into his office with the least possible disruption of services and the least possible expenditure of public funds. D. Whenever the civil sheriff of the parish of Orleans or the criminal sheriff of the parish of Orleans is referred to or designated by law, rule, or regulation on the date that those offices are abolished, such reference or designation shall be deemed to apply to the sheriff of the parish of Orleans. Section 5. R.S. 44:71 is hereby amended and reenacted and Chapter 2-A of Title 44 of the Louisiana Revised Statutes of 1950, comprised of R.S. 44:181 through 185, is hereby enacted to read as follows: CHAPTER 2. RECORDERS AND RECORDATION PART I. RECORDERS §71. Offices for recording mortgages and conveyances A. There is established in each parish an office for the recording of Page 28 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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mortgages and privileges and one for the recordation of conveyances and transfer of immovables. B. The clerks of the several district courts throughout the state, the parish of Orleans excepted, are ex officio parish recorders of conveyances, mortgages, and other acts. C. In the parish of Orleans, the recording of mortgages and privileges is done by the parish recorder of mortgages, and the recording of conveyances is done by the parish register of conveyances. * * *

CHAPTER 2-A. RECORDER AND RECORDATION: CERTAIN PARISHES PART I. RECORDER, DEPUTIES, AND ARCHIVIST §181. Clerk of court as recorder; duties A. The clerk of court shall be the parish recorder of conveyances, mortgages, and other acts, as provided by law, for and throughout the parish of Orleans. B. For purposes of this Chapter, the term "clerk of court" shall mean the clerk of court of the Forty-First Judicial District Court. However, until such time as the clerk of the Forty-First Judicial District Court has been elected and takes office, the term "clerk of court" shall mean the clerk of the Civil District Court for the parish of Orleans. §181.1. Official seal The parish recorder shall have an official seal, which shall be attached to all acts, certificates, and other instruments, executed or granted by the clerk of court. §181.2. Deputy recorders The clerk of court may appoint three deputies whose duties shall be the same as that of the parish recorder. Each deputy shall take the oath of office which the law prescribes for the recorder. Each deputy shall devote full-time to the duties of his office and shall not engage in any other profession or hold any other office. Page 29 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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A. The clerk of court as the parish recorder shall employ a full-time professional archivist to assist the clerk of court with the responsibilities of the office and to ensure the adequate preservation of records and documents. B. The archivist shall possess a baccalaureate degree in either history, political science, philosophy, anthropology, historical geography, archeology, French, Spanish, or fine arts, and have either: (1) At least two years of professional level experience in historical research or college level teaching in the above academic fields; or (2) At least two years of experience in archival operations, records management, records preservation, or other work involving locating, selecting, acquiring, and preserving documents or other valuable papers and materials. §181.4. Fees The clerk of court as the parish recorder shall collect all charges and fees which are in effect for the recordation of records and documents in the parish of Orleans on January 1, 2009, and remitted in accordance with the existing provisions of law. Any increase or decrease in fees shall be as provided by the legislature. §181.5. Separate account A. A separate account is hereby established in the Consolidated Judicial Expense Fund, and all sums collected or received by the clerk of court as parish recorder, except as otherwise provided for the Archival Trust Fund, shall be deposited in the separate account to be disbursed by the judges of the courts, en banc, as provided in R.S. 13:1312.1. B. Subject to the authority and approval of the judges of the courts, en banc, as provided in R.S. 13:1312.1, the courts may authorize the expenditure of funds connected with the administration or function of the recordation of documents by the office of the clerk of court as the parish recorder, including salaries, benefits, and pension contributions. The separate account shall be audited annually, and a copy of the report furnished to the legislative auditor Page 30 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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as provided by law, where it shall be available for public inspection, and with the Joint Legislative Committee on the Budget. The audit report shall also be published, at the sole expense of the clerk of court for the Forty-First Judicial District Court, in the official journal of the parish of Orleans, no later than January first of each year. C. The administrator of the Consolidated Judicial Expense Fund, designated by the judges of the courts having authority over the fund, beginning in 2010, on or before July seventh, annually, shall submit to the clerk of court a financial statement and accounting of all sums which have been deposited therein by the clerk of court as parish recorder. §181.6. Office; facilities The city of New Orleans shall provide an office and other reasonable facilities in the building in which the Civil Section of the Forty-First Judicial District Court holds court or other quarters contiguous thereto which shall be good and sufficient for the proper and efficient operation of the office of the clerk as the parish recorder, including the installation and maintenance of an appropriate fire protection and climate control system. PART II. POWERS AND DUTIES OF PARISH RECORDER §182. General powers The clerk of court as the parish recorder shall have the same general powers as provided in R.S. 44:101 for recorders throughout the state. §182.1. Retention of powers The clerk of court as the parish recorder shall be the successor to and shall exercise all powers, duties, functions, and responsibilities of the offices of the custodian of notarial records, the register of conveyances, and the recorder of mortgages, consistent with the provisions of this Chapter. §182.2. List of notaries A. The clerk of court as the parish recorder shall keep an accurate alphabetical list of all notaries public in and for the parish of Orleans, showing their business and residence addresses and the expiration date of their bonds, Page 31 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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if the notary is required by law to furnish a bond. The list shall be kept at all times open to public inspection during his office hours, and he shall furnish the secretary of state and the district attorney in and for the parish of Orleans, annually on or before October first, a certified list of all notaries in and for the parish of Orleans, showing the number of notaries and the number and names of those who have ceased to be notaries, and the number and names of those whose bonds have expired. B. He shall diligently, by every means in his power, keep the list accurate and up to date at all times, and shall immediately notify the governor and the secretary of state of each vacancy caused by death, resignation, removal from Orleans Parish, or any other cause, as soon as such facts are ascertained by him. §182.3. Statement furnished parish recorder by notaries Each notary shall, annually, before September first, furnish to the clerk of court as the parish recorder a statement showing his office and residence address, the date of his bond, if required by law, and the surety or sureties thereon, and their addresses. Failure to furnish this statement shall be cause for the revocation of the commission of the notary. §182.4. Fee payable to parish recorder by notaries Each notary shall pay an annual fee of twenty dollars, on or before September first of each year, to the clerk of court as the parish recorder. The fees collected by the clerk of court pursuant to this Section shall be deposited in the Consolidated Judicial Expense Fund to be used by the clerk subject to allocation by the committee provided in R.S. 13:996.62 for expenses and maintenance of the recordation of historical and other archival documents. §182.5. Testing sureties on bonds; new bond; forfeiture of commission for failure to give A. The clerk of court as the parish recorder may institute proceedings by rule in the Forty-First Judicial District Court for the parish of Orleans, if he deems it proper and necessary, without the payment of costs by the recorder, on all notaries in the parish, who are required to furnish a notarial bond to test Page 32 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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B. If the surety on an official bond so tested is judicially declared not good and solvent as required by law, the notary whose surety has been so declared shall pay the costs of the rule. The notary shall be allowed thirty days within which to give a new bond, and shall not be entitled to act as a notary, until time as such good and solvent bond has been furnished. If the notary fails to furnish such bond within thirty days, he shall forfeit his commission and shall pay all costs which have been assessed against him in any proceeding filed by the clerk of court as the parish recorder under the provisions of this Chapter. C. Whenever the notary's commission is revoked for failure to comply with the requirements of this Part, no judgment of any court reinstating the notary, which is rendered after the expiration of thirty days as provided in Subsection B of this Section, shall be valid. §182.6. Proceedings by clerk of court against absent notaries Should the proper official be unable to find any notary upon whom he desires to make service of process in any cause brought by the clerk of court as the parish recorder under the authority of this Chapter, the clerk of court shall advertise such cause at least three times at intervals of not less than seven or more than ten days, in the official journal of the parish of Orleans, and if no appearance has been made by the defendant notary in the cause, the clerk of court shall proceed against him as against an absent defendant, as provided by law. §182.7. Revocation of notary's commission for failure to furnish bond Failure of any notary to furnish proper surety bond as required by law shall be just cause for revocation of his notarial commission by a court of proper jurisdiction. §182.8. Notice by clerk of court of expiration date of bond It is the duty of the clerk of court as the parish recorder to notify each notary of the expiration date of his bond, if required by law to furnish bond, within sixty and not less than thirty days of the date of expiration, but the Page 33 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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failure of the clerk to give such notice shall not prevent the clerk from proceeding to cancel the notary's commission as provided herein, nor shall it relieve the notary of any duties prescribed by law. §182.9. Rule to revoke notary's commission Should any notary fail or refuse to pay the annual fee fixed by R.S. 44:182.4, or fail or refuse to furnish the information required, or fail to provide the proper bond as required by law, the clerk of court as the parish recorder shall promptly file a rule in the Forty-First Judicial District Court, or in any other court of proper jurisdiction, to have the notary's commission revoked, and the notary shall pay all costs of the proceeding. Those monies recovered or received pursuant to this proceeding shall be deposited by the clerk of court in the Consolidated Judicial Expense Fund. §182.10. Misdemeanor to act after expiration of bond or after surety canceled A notary who knowingly and willfully acts as such after the expiration of his bond, or after the surety on his bond has been canceled as provided by law, is guilty of a misdemeanor, punishable by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than ten days nor more than six months. §182.11. Annual budget; submission to enumerated entities A. The clerk of court as the parish recorder shall prepare a detailed annual budget of the office of the clerk of court at the end of its fiscal year and submit a copy of that budget to the legislative auditor pursuant to R.S. 24:513 et seq., and to the Joint Legislative Committee on the Budget and shall publish a copy, at his own expense, in the official journal of the parish of Orleans, commencing January 1, 2009. B. The clerk of court shall include in the annual budget adequate provisions to ensure that there is systematic rebinding, page repair, and microfilming of those notarial records created before July 29, 1970, and that the office can provide professional supervision of the use of all volumes created before the year 1900. The clerk of court shall allocate sufficient funds for the Page 34 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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stabilization, preservation, and repair of plat plans, surveys, architectural drawings, and other visual materials housed at the office, whether presently attached to notarial acts or housed separately from notarial volumes. PART III. RECORDS AND PRESERVATION §183. Microfilm records; use; separate location; preservation of records A. The clerk of court as the parish recorder may record acts by methods of reproduction as provided in R.S. 44:115. B. The original master negative of such microfilm or other photographic reproduction may be used for preparing digital images which can be utilized in lieu of the original document or record. Such microfilm or other photographic reproduction shall be kept in safe and secure storage at a separate location from the original records and documents filed with the clerk of court. The clerk of court as the parish recorder may have working copies made of any of the master negatives or other photographic reproductions and keep the working copies on the premises of his offices to be used at his discretion in connection with the preservation of fragile volumes. The clerk of court may substitute the working copies for daily use of original volumes, so long as the original volumes remain in the collection and are easily available for examination in cases where the working copies are difficult to decipher. C. The clerk of court as the parish recorder may make all such reasonable rules and regulations relative to the use and preservation of documents and volumes in the office as he deems necessary, but nothing in this Section shall be construed to mean that the public will not have free access to either original records or facsimiles thereof during all regular office hours, not including extended office hours. The clerk of court, with the advice of the archivist, shall make provisions for the preservation, management, repair, and rehabilitation of any or all records in his custody, if he deems it necessary to protect old, fragile, or damaged records from further damage or loss. D. Such microfilm copy or other photographic reproduction shall be deemed to be an original record for all purposes and shall be admissible in Page 35 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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evidence in all courts or administrative agencies. A facsimile, exemplification, or certified copy thereof shall for all purposes be deemed to be a transcript, exemplification, or certified copy of the original. E. Nothing in this Chapter shall in any manner be construed to permit the destruction of any records presently in the possession of, or which may hereafter come into the possession of the office of the clerk of court as the parish recorder. F. The clerk of court shall dedicate a specific portion of fees assessed and collected by the parish recorder to microfilming, restoration, repair, and preservation of records and deposit those fees in the Consolidated Judicial Expense Fund. PART IV. RECORDATION §184. Applicability of other laws All provisions of law providing for the registry and recordation of instruments affecting immovable property, the recordation of conventional mortgages, including a notice of security interest, and recordation of liens and privileges on movables and immovables, not in conflict herewith, shall be applicable to the clerk of court as parish recorder. §184.1. Recordation of agreement Any person, upon paying the fees otherwise fixed by law, may at any time request that the agreement be filed and copied in full into the records and the clerk of court as the parish recorder upon request also note in the margin of the recorded copy of the declaration a reference to the place where the agreement is recorded. §184.2. Registry by notary of conveyances of immovables; penalty It shall be the duty of the notaries in Orleans Parish to cause every deed of sale, donation, or any other sort of conveyance of immovable property, passed before them respectively, even when the parties shall agree to dispense therewith, to be registered at the office of the clerk as the recorder for the parish of Orleans, within forty-eight hours after the passage of the acts, and this Page 36 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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under the penalty of a five hundred dollar fine, to be recovered before any court of competent jurisdiction, for the use of the clerk's office, and also under the penalty of being liable for all damages which the parties may suffer through the neglect of the notary to register the acts. PART V. BOOKS AND INDEXES §185. Recordation books; indexes The clerk of court as the parish recorder shall keep a book of conveyances, a book of mortgages, and other recordation books as provided by law. He shall keep indexes as required by law. Section 6.(A) However, and except as expressly otherwise provided in this Act, the term "clerk of court" as used in Sections 5 through 18 of this Act shall mean the clerk of the Civil District Court for the parish of Orleans, until such time as the clerk of the Forty-First Judicial District Court has been elected and takes office, after which time references to the clerk of court shall mean the clerk of the Forty-First Judicial District Court. (B) It is the intent of the legislature that the offices of the custodian of notarial records, the recorder of mortgages, and the register of conveyances shall be abolished as provided in this Act and merged and consolidated with the office of the clerk of the Civil District Court for the parish of Orleans until the office of clerk of the Civil District Court for the parish of Orleans is abolished as provided in this Act and the first clerk of the Forty-First Judicial District Court is elected and takes office, at which time the offices transferred shall be merged and consolidated with the office of the clerk of the Forty-First Judicial District Court. (C) It is the intent of the legislature that the consolidation of these offices should be accomplished with the least possible disruption of services and the least possible expenditure of public funds. The officials and employees participating in the effectuation of all of the consolidations provided in this Act shall be charged with the responsibility for carrying out this intent. (D) The legislature further recognizes that the offices of the custodian of notarial records, the register of conveyances, and the recorder of mortgages, referred to in this Section as "the offices transferred to the clerk of court", have in their possession records and Page 37 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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documents of significant historical value to the citizens of this state. It is the further intent of the legislature that the offices transferred to the clerk of court and the office of the clerk of court to which they are transferred and in which they are consolidated shall provide for the efficient management and reproduction of all records, in order to ensure their integrity and availability and shall provide for the preservation, repair, and restoration of records of historical and archival value to ensure their use by all citizens and future generations. Section 7.(A) The office of the clerk of court shall be the office of recordation for all notarial acts, acts of conveyance or mortgage of movable and immovable property, and other acts and instruments as provided in this Act. (B) The office of the custodian of notarial records for the parish of Orleans shall be transferred to the office of the clerk of court on January 1, 2009, and shall continue to exercise all of the powers, duties, functions, and responsibilities as provided in R.S. 35:321 through 338 and as provided for in this Act until the office is abolished as provided in this Act. On and after January 1, 2009, in any provision in which the custodian of notarial records is referred to or designated by the constitution or by any statutory provision or administrative rule, such provision, reference, or designation shall be applicable to and shall be deemed to refer to the clerk of court as the parish recorder, as specifically set forth and pursuant to the transfer provided in this Act. (C) The office of the register of conveyances for the parish of Orleans shall be transferred to the office of the clerk of court on January 1, 2009, and shall continue to exercise all of its powers, duties, functions, and responsibilities as provided in R.S. 44:201 through 207 and 268 and R.S. 9:2745 through 2756 and as provided for in this Act until the office is abolished as provided in this Act. On and after January 1, 2009, in any provision in which the register of conveyances is referred to or designated by the constitution or by any statutory provision or administrative rule, such provision, reference, or designation shall be applicable to and shall be deemed to refer to the clerk of court as the parish recorder, as specifically set forth and pursuant to the transfer provided in this Act. (D) The office of the recorder of mortgages for the parish of Orleans shall be transferred to the office of the clerk of court on January 1, 2009, and shall continue to exercise all of the powers, duties, functions, and responsibilities as provided in R.S. 44:231 Page 38 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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through 268 and as provided for in this Act until the office is abolished as provided in this Act. On and after January 1, 2009, in any provision in which the recorder of mortgages is referred to or designated by the constitution or by any statutory provision or administrative rule, such provision, reference, or designation shall be applicable to and shall be deemed to refer to the clerk of court as the parish recorder, as specifically set forth and pursuant to the transfer provided in this Act. Section 8.(A)(1) Effective January 1, 2009, a separate account is hereby established in the Consolidated Judicial Expense Fund for the Forty-First Judicial District, and all sums collected or received by the custodian of notarial records, the register of conveyances, the recorder of mortgages, and the clerk of court as parish recorder, except as otherwise provided for the Consolidated Judicial Expense Fund, shall be deposited in the separate account. (2) The separate account established by this Act shall be used exclusively by the clerk of court as the parish recorder for purposes connected with the administration or function of the recordation of documents by the office of the clerk of court as the parish recorder, including salaries, benefits, and pension contributions. The separate account shall be audited annually, and a copy of the report furnished to the legislative auditor as provided by law. Section 9. The city of New Orleans shall continue to provide quarters for the conduct of the functions of the offices transferred to the clerk of court as provided in this Act in the city of New Orleans in the building in which the Civil Section of the Forty-First Judicial District Court holds court or other quarters contiguous thereto which shall be good and sufficient for the proper and efficient operation of the recordation of records and documents, including the installation and maintenance of appropriate fire protection and climate control systems. Section 10.(A) The clerk of court, having consulted with the custodian of notarial records, the register of conveyances, and the recorder of mortgages transferred by this Act, shall develop a professional and efficient implementation plan for reorganization and consolidation of such offices within the office of the clerk of court in accordance with the provisions of this Act. This plan shall include detailed procedures for the realignment, Page 39 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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distribution, assignment, consolidation, and coordination of the powers, duties, functions, and responsibilities of each office and also shall include procedures for the transfer and utilization of positions, personnel, funds, office space, facilities, and equipment, including relocation of facilities if deemed appropriate. At the request of the clerk of court, the officers shall compile the following information and any other information requested by the clerk to be used in preparing the implementation plan: (1) A complete list of all personnel, including salaries and job descriptions. (2) A complete inventory of all furniture, fixtures, and equipment of every kind. (3) Financial data and information. (4) A summary of all floor space being utilized. (B) The implementation plan shall specifically provide for the following: (1) A plan for the microfilming or other photographic reproduction, preservation, and conservation of all records and documents, including the dedication of a portion of fees collected for this purpose. (2) A personnel and management plan. (3) A consolidated budget for the expenses of administration of the functions of the clerk as parish recorder. (C) The clerk shall complete the implementation plan and shall submit the plan to the offices transferred to the clerk of court and to the Joint Legislative Committee on the Budget no later than January 1, 2008. (D)(1) On or before January 1, 2009, the office of the clerk of court shall provide a central area, within the facilities of the clerk of court as provided in R.S. 44:181.6 as enacted in this Act for the recordation and filing of all notarial acts of conveyance and mortgage, all authentic acts, and other acts or instruments required to be filed for record in the parish of Orleans. (2) The office of the clerk of court shall develop and implement a plan for a centralized system of indexing. The office shall provide indexes, both direct and inverse, to all acts filed for record in the respective offices, which indexes shall contain, in alphabetical order, references to the names of the parties to the acts, to the file number assigned on recordation, to the day, month, and year, and to the book and page in which they Page 40 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

SB NO. 645 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 are recorded.

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Section 11. All books, papers, records, money, actions, and other property of every kind and description, movable and immovable, real and personal, possessed, controlled, or used by each office transferred to the clerk of court by this Act shall be transferred with each office to the office of the clerk of court as the parish recorder and shall continue to be controlled and used by each office so transferred until the respective office is abolished as provided in this Act. Section 12. The employees of the offices of the recorder of mortgages, the register of conveyances, and the custodian of notarial records shall be transferred to the office of the clerk of court and shall become employees of the clerk of court and be controlled by the clerk and the office of the clerk on January 1, 2009, as provided by this Act. The employees of the offices so transferred shall continue to be members of the retirement system to which they were contributing on December 31, 2008. All new employees hired on or after January 1, 2009, shall become members of the Louisiana Clerks of Court Retirement and Relief Fund and shall be eligible for participation in state group health and life insurance benefits. Section 13. The legislature hereby specifically states that this Act is in no way and to no extent intended to nor shall it be construed in any manner which will impair the contractual or other obligations of any office transferred by this Act. Section 14. This Act shall not be construed or applied in any way which will prevent full compliance with the requirements of any Act of Congress of the United States or any regulation made thereunder by which federal aid or other federal assistance has been or hereafter is made available. Section 15. Any legal proceeding to which any office transferred to the clerk of court in accordance with the provisions of this Act is a party and which is filed, initiated, or otherwise pending before any court on the effective date of such transfer, and all documents involved in or affected by any such legal proceeding, shall retain their effectiveness and shall be continued in the name of the office so transferred. All further legal proceedings and documents in the continuation, disposition, and enforcement of said legal proceeding shall be applicable to the office of clerk of court as the parish recorder without the necessity for amendment of any document. Page 41 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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Section 16. Wherever any office transferred hereby is referred to or designated by the constitution or by any law or contract or other document, after the effective date of the transfer of such office such reference or designation shall be deemed to apply to the office of the clerk of court as the parish recorder. Section 17. The office of the custodian of notarial records shall be abolished effective January 1, 2009. The offices of the register of conveyances and the recorder of mortgages shall be abolished effective January 1, 2009. No election shall be held to elect anyone to fill either the office of register of conveyances or the office of recorder of mortgages for any term which begins on or after January 1, 2009. Section 18. The clerk of court as the recorder for the parish of Orleans shall be the successor in every way to the offices of the custodian of notarial records, the register of conveyances, and the recorder of mortgages upon the abolition of the respective office, and every act done in the exercise of such functions by the clerk of court as the recorder for the parish of Orleans shall be deemed to have the same force and effect under any provision of the constitution and laws, as if done by the office of the custodian of notarial records, the register of conveyances, or the recorder of mortgages, as the case may be. Section 19.(A) R.S. 13:1031 through 1147, 1271 through 1312, 1335 through 1347, and 1381.1 through 1400 are hereby repealed in their entirety effective on January 1, 2009. (B) R.S. 13:1211 through 1212.1, 1371 through 1372, 1377, and 1381 are hereby repealed in their entirety on the date that the clerk of the Forty-First Judicial District Court takes office. Section 20.(A) Part III of Chapter 5 of Title 35 of the Louisiana Revised Statutes of 1950, comprised of R.S. 35:321 through 338, is hereby repealed in its entirety effective on January 1, 2009. (B) R.S. 9:2745, R.S. 18:514(B), and Chapter 3 of Title 44 of the Louisiana Revised Statutes of 1950, comprised of R.S. 44:201 through 268, are hereby repealed in their entirety effective on January 1, 2009. Section 21.(A) This Section, Sections 5 through 20, of 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 Page 42 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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III, Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and subsequently approved by the legislature, the provisions of this Section, Sections 5 through 20, of this Act shall become effective on the day following such approval. (B) For purposes of qualification and election of one clerk of the Forty-First Judicial District Court as provided therein, the provisions of R.S. 13:751.1(A)(1) as enacted by Section 2 of this Act and the provisions of Section 19 of 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 governor and subsequently approved by the legislature, such provisions shall become effective on the day following such approval. The provisions of R.S. 13:751.1(A)(2), 751.2, 751.3, 759, 841.3, 846(A), and 901 of Section 2 of this Act shall become effective for all purposes when the clerk of court elected in 2010 takes office. (C) Section 2 of this Act shall become effective on January 1, 2009. Section 22. Except as provided in Sections 21 and 28 of this Act, the provisions of Section 2 of this Act shall become effective on January 1, 2009, except that the provisions of R.S. 13:621.41 and 714.1 shall be effective for purposes of qualifying and election of judges and magistrate of the Forty-First Judicial District Court to be held at the congressional election to be held in 2008. Section 23.(A) For purposes of qualifying and election to the office of sheriff at the election of parochial and municipal officers in the parish of Orleans to be held in 2010, the provisions of R.S. 33:1500(A) as enacted by Section 4 of 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 governor and subsequently approved by the legislature, such provision shall become effective on the day following such approval. (B) The election of one sheriff as provided in R.S. 33:1500 shall be implemented at the election of parochial and municipal officers in the parish of Orleans is held in 2010. The civil and criminal sheriffs elected at the election of parochial and municipal officers in the parish of Orleans held in 2006 shall serve with all of their respective powers, duties, and Page 43 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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functions that existed prior to the enactment of R.S. 33:1500 until the expiration of their term and their successor is elected at the election of parochial and municipal officers in the parish of Orleans held in 2010. (C) Except for the provisions of R.S. 33:1500(A), the provisions of Section 4 shall become effective on the date that the sheriff elected at the election of parochial and municipal officers in the parish of Orleans in 2010 takes office. (D) R.S. 33:1501.1 and 1519.1 are hereby repealed in their entirety effective on the date that the sheriff elected in 2010 takes office. Section 24. All fees and costs assessed or collected by the clerk of the Civil District Court, clerk of the Criminal District Court, the civil sheriff, or the criminal sheriff for the parish of Orleans in effect on the effective date of this Section are continued and shall be assessed and collected in accordance with the provisions of law then in effect. Section 25. The Louisiana State Law Institute is hereby directed to renumber and rearrange any sections or parts of Sections of this Act and make any such changes to references to other provisions of law consistent with the provisions of this Act. The Louisiana State Law Institute is also directed to submit such recommendations on or before March 1, 2007, as it deems necessary to clarify, modify, or repeal any of the provisions of this Act or any other provision of law, including the elimination of antiquated provisions consistent with the provisions of the Act. Section 26. The Louisiana State Law Institute is directed to redesignate the provisions of R.S. 13:1141 as R.S. 13:621.42.1 effective January 1, 2009. Section 27. R.S. 13:621.44 through 621.46 are hereby enacted to read as follows: §621.44. Abolition of Orleans Parish Juvenile Court; extension of terms of office; jurisdiction; conferred on Forty-First Judicial District Court; transfer of cases A. The Orleans Parish Juvenile Court is abolished effective December 31, 2014. The terms of office of the judges of the juvenile court now in office shall be extended until December 31, 2014. After the effective date of this Section, no judge shall be elected to the Orleans Parish Juvenile Court except to fill a vacancy and in such case the term of office shall expire on December 31, Page 44 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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B. It is the express intent of this Section that the jurisdiction conferred by law, particularly the Louisiana Children's Code, upon the Orleans Parish Juvenile Court, shall be vested in the Forty-First Judicial District Court and shall be the same as it exists on the effective date of this Section. All of its powers, its duties, and its various departments or its personnel, except as herein set forth and provided shall be vested in the Forty-First Judicial District Court as provided in this Section and R.S. 13:621.45 and 621.46. C. Effective January 1, 2015, all pending cases filed in the Orleans Parish Juvenile Court are hereby transferred to the Forty-First Judicial District Court for the parish of Orleans. All records and files of the Orleans Parish Juvenile Court shall be transferred to the Forty-First Judicial District Court, which shall hear and dispose of each such case with the same legal effect as if it had been instituted in that court in the first instance. §621.45. Forty-First Judicial District Court; initial judges; term of office; election; juvenile section A. There are hereby created six new additional judges of the Forty-First Judicial District Court, to be designated as divisions "AA," "BB," "CC," "DD," "EE," and "FF," for purposes of election and nomination. The initial judges shall be elected for a six-year term at the congressional election to be held in 2014, which shall commence on January 1, 2015, and end on December 31, 2020. Thereafter, the successors in office to these judges shall be elected for a six-year term at the congressional election held in 2020 and every sixth year thereafter. B. The judges of the Forty-First Judicial District Court in office on January 1, 2015, shall en banc create the Juvenile Section of that court. The rule shall designate not less than six judges who shall be assigned all cases involving juvenile matters over which the district court has jurisdiction. §621.46. Implementing legislation The legislature shall enact any such other legislation necessary to Page 45 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

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effectuate the provisions transferring jurisdiction over juvenile matters to the Forty-First Judicial District Court. Section 28. This Section, Section 1, and the provisions of R.S. 13:996.62(A)(2) through (4) as enacted by Section 2 of this Act, and Sections 22 through 27 and 29 of 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 governor and subsequently approved by the legislature, this Section, Section 1, and the provisions of R.S. 13:996.62(A)(2) through (4) as enacted by Section 2 of this Act, and Sections 23 through 27 of this Act shall become effective on the day following such approval. Section 29. The provisions of R.S. 13:621.41(I) as enacted by Section 2 of 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 governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval. Section 30. The provisions of R.S. 13:751.4 and 841.3 of Section 2 of 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. Until a single clerk for the Forty-First Judicial District Court is elected, the clerk shall mean the clerk of the Civil District Court and the clerk of the Criminal District Court. All fees and costs assessed or collected by the clerk of the Civil District Court or the clerk of the Criminal District Court for the parish of Orleans in effect on the effective date of this Section are continued and shall be assessed and collected in accordance with these provisions. On or after January 1, 2009, the sixty percent in R.S. 13:841.3 may be renegotiated by the clerk and chief judge of the Forty-First Judicial District Court, but shall not be reduced below fifty percent of the civil filing fees collected by the clerk. Section 31. If a vacancy occurs in civil or criminal district courts, the office of the Page 46 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

SB NO. 645 1 2 3

ENROLLED

clerk of the civil or criminal district courts, civil or criminal sheriffs, no special election shall be held to fill the vacancy. In the case of the clerks of the civil and criminal district courts, the chief deputy of either office shall fill the unexpired term.

PRESIDENT OF THE SENATE

SPEAKER OF THE HOUSE OF REPRESENTATIVES

GOVERNOR OF THE STATE OF LOUISIANA

APPROVED:

Page 47 of 47 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.