ACTS OF 2008 LEGISLATURE

Acts 839 - 903
ACT No. 839 --HOUSE BILL NO. 1098 BY REPRESENTATIVE KATZ AN ACT To amend and reenact R.S. 14:67.21(A)(3), R.S. 28:825, R.S. 40:1299.58(A)(introductory paragraph) and (1) through (3), (B)(introductory paragraph), and (F), 1300.51(2)(introductory paragraph)(e) and (h), (3), and (5), 1300.122(1), 1300.123(1), 2006(E)(2)(q), (r), and (s), 2009.20(B)(1), 2120.1, 2120.2(2), (4), and (5), 2120.3(A), (B), and (G), 2120.4(A), (B)(1), (6), and (9), (C), and (D), 2120.5(A), (C), and (D), 2120.6(A) and (B), and 2120.7(A)(1) and (4) and R.S. 46:2624(B)(7) and (8) and to repeal R.S. 40:1299.58(G), 1300.51(2)(d), (i), and (j), 2006(E)(2)(t), (u), (v), and (w), 2120.2(6), (7), and (8), 2120.3(H), Part II-E of Chapter 11 of Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S. 40:2120.11 through 2120.16, and Part II-F of Chapter 11 of Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S. 40:2120.21 through 2120.26, relative to home- and community-based service providers; to define a home- and community-based service provider; to provide for the services of home- and community-based service providers; to provide for a single home- and community-based service provider license and uniform fees for personal care attendant services agencies, respite care services agencies, supervised independent living programs, adult day care agencies, and family support agencies; to provide for homeand community-based services for elderly persons and people with disabilities or mental illness; to provide for definitions; to provide for licensure; to provide for rules, regulations, and licensing standards; to provide for fees; to provide for surveys; to provide for penalties; to provide for enforcement upon the promulgation of final rules and regulations by the Department of Health and Hospitals; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 14:67.21(A)(3) is hereby amended and reenacted to read as follows: §67.21. Theft of the assets of an aged person or disabled person A. As used in this Section the following terms have the following meanings: * * * (3) “Health care” is any expense resulting from medical, personal, residential, or other care provided or assistance received from any adult day care facility home- and communitybased service provider, adult foster home, adult congregate living facility, nursing home, or other institution or agency responsible for the care of any aged or disabled person. * * * Section 2. R.S. 28:825 is hereby amended and reenacted to read as follows: §825. Administering medication Personal care attendants, home- and communitybased service provider workers, as defined in R.S. 40:2120.2, and respite care workers providing inhome services to persons with developmental disabilities pursuant to a Medicaid waiver may administer medication to patients as provided in R.S. 37:1024 after successful completion of the drug administration course offered by the Department

of Health and Hospitals in accordance with R.S. 37:1021 et seq. Section 3. R.S. 40:1299.58(A)(introductory paragraph) and (1) through (3), (B)(introductory paragraph), and (F), 1300.51(2)(introductory paragraph)(e) and (h), (3), and (5), 1300.122(1), 1300.123(1), 2006(E)(2)(q), (r), and (s), 2009.20(B)(1), 2120.1, 2120.2(2), (4), and (5), 2120.3(A), (B), and (G), 2120.4(A), (B)(1), (6), and (9), (C), and (D), 2120.5(A), (C), and (D), 2120.6(A) and (B), and 2120.7(A)(1) and (4) are hereby amended and reenacted to read as follows: §1299.58. Consent to surgical or medical treatment for mentally retarded or developmentally disabled persons and residents of stateoperated nursing homes A. Upon the written recommendation of the treating physician, the following persons may consent to any surgical or medical treatment on behalf of any mentally retarded or developmentally disabled person who is a recipient of service from a state-operated supported living program or supervised independent living program, or personal care attendant program for the mentally retarded or developmentally disabled home- and community-based service provider, or who is a resident of a state-operated residential facility, community, or group home for the mentally retarded or developmentally disabled, statesupervised extended family living program, or a nonstate-operated residential facility, community, or group home for the mentally retarded or developmentally disabled or who is a resident of a state-operated nursing home: (1) For a resident of a state-operated residential facility, community, or group home for the mentally retarded or developmentally disabled, the administrator of the residential facility, community, or group home. (2) For a resident of a state-supervised extended family living program, or a recipient of service from a state-operated supported living program or supervised independent living program, or personal care attendant program for the mentally retarded or developmentally disabled home- and community-based service provider, the office for citizens with developmental disabilities administrator or manager with administrative authority over the extended family living program, supported living program, or supervised independent living program, or personal care attendant program home- and community-based service provider for the region where the home is located or the program or service is being provided. (3) For a resident of a nonstate-operated residential facility, community, or group home for the mentally retarded developmentally disabled, the chief executive officer of the provider organization which administers or operates the facility or home. * * * B. Consent for any surgical or medical treatment on behalf of a mentally retarded person person with a developmental disability or a resident in a facility, home, or program as described in R.S. 40:1299.58(A) Subsection A of this Section is authorized under the following circumstances: * * * F. As used in this Section, mentally retarded includes the developmentally disabled. G. Notwithstanding anything else herein to the contrary, no person shall be authorized to make a medical decision for an individual with a developmental disability pursuant to this Section unless there is no decision maker reasonably available, competent, and willing to act pursuant to R.S. 40:1299.53. * * * §1300.51. Definitions For the purposes of this Part: * * * (2) “Employer” means any of the following facilities, agencies, providers, or programs: * * * * As it appears in the enrolled bill

(e) A home health agency, as defined in R.S. 40:2009.31 R.S. 40:2116.31. * * * (h) A personal care attendant services agency, as defined in R.S. 46:2682 A home- and community-based service provider, as defined in R.S. 40:2120.2. * * * (3) “Nonlicensed person” means any person who provides for compensation nursing care or other health-related services to residents in a nursing facility, intermediate care facility for people with developmental disabilities, adult residential care facility, or adult day care center, personal care attendant services agency, respite care services agency, or supervised independent living program home- and community-based service provider and who is not a licensed health provider. “Nonlicensed person” also means any person who provides such services to individuals in their own homes as an employee or contract provider of a home health agency, hospice, personal care attendant services agency, respite care services agency, or supervised independent living program or home- and community-based service provider. “Nonlicensed person” also means any person employed as a driver by or who contracts as a driver with a nonemergency, nonambulance transportation facility or entity. * * * (5) “Licensed ambulance personnel” means personnel who provide for compensation or volunteer services of care as a certified emergency medical service professional including certified emergency medical technician-basic, certified emergency medical technician-intermediate, certified emergency medical technicianparamedic, or certified first responder. Nothing herein shall pertain to any licensed ambulance personnel working for a nursing home, intermediate care facility for people with developmental disabilities, adult residential care home, adult day care center home- and community-based service provider, home health agency, or hospice. * * * §1300.122. Legislative intent The legislature finds and declares that: (1) Certain nursing home and related facilities, residential care/assisted living facilities, adult congregate living facilities, home health agencies, adult day care centers home- and communitybased service providers which provide adult day care services, hospices, and continuing care retirement communities are presently known to offer to provide or provide a special program or special unit for persons who have Alzheimer’s disease or a related disorder. * * * §1300.123. Definitions As used in this Part: (1) “Alzheimer’s special care unit” means any nursing facility, residential care/assisted living facility, adult congregate living facility, home health agency, adult day care center home- and community-based service provider which provides adult day care services, hospice, or continuing care retirement community that segregates or provides a special program or special unit for residents with a diagnosis of probable Alzheimer’s disease or a related disorder so as to prevent or limit access by a resident to areas outside the designated or separated area; and that advertises, markets, or otherwise promotes the facility as providing specialized Alzheimer/dementia care services. * * * §2006. Fees; licenses; penalties * * * E. * * * (2) This Subsection shall apply to any licensed: * * * (q) Personal care attendant services agency Home- and community-based service provider. THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 481

CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

(r) Respite care services agency Adult brain injury facility. (s) Supervised independent living program Pain management clinic. * * * §2009.20. Duty to make complaints; penalty; immunity * * * B.(1) Any person who is engaged in the practice of medicine, social services, facility administration, psychological or psychiatric services; or any registered nurse, licensed practical nurse, nurse’s aide, home- and community-based service provider employee or worker, personal care attendant, respite worker, physician’s assistant, physical therapist, or any other direct caregiver having knowledge that a consumer’s physical or mental health or welfare has been or may be further adversely affected by abuse, neglect, or exploitation shall, within twenty-four hours, submit a report to the department or inform the unit or local law enforcement agency of such abuse or neglect. When the department receives a report of sexual or physical abuse, whether directly or by referral, the department shall notify the chief law enforcement agency of the parish in which the incident occurred of such report. Such notification shall be made prior to the end of the business day subsequent to the day on which the department received the report. For the purposes of this Paragraph, the chief law enforcement agency of Orleans Parish shall be the New Orleans Police Department. * * * PART II-D. LICENSING OF HOME- AND COMMUNITY-BASED SERVICES SERVICE PROVIDERS §2120.1. Purpose The purpose of this Part is to further provide for the operation and maintenance of home- and community-based services for elderly persons and people with disabilities or mental illness through the Medicaid program in the state and for the maintenance of community-based services available under that program. §2120.2. Definitions As used in this Part: * * * (2) “Financial viability” means that the provider seeking a home- and community-based service provider license licensure is able to provide one of the following verification and maintenance of: (a) Verification of sufficient assets equal to one hundred thousand dollars or the cost of three months of operation, whichever is less A line of credit issued from a federally insured, licensed lending institution in the amount of at least fifty thousand dollars. (b) A letter of credit equal to one hundred thousand dollars or the cost of three months of operation, whichever is less General and professional liability insurance of at least three hundred thousand dollars. (c) Worker’s compensation insurance. * * * (4) “Personal care attendant services” means services required by a person with a disability to do any one or more of the following: (a) Become physically independent. (b) Remain in the community. (c) Return to the community. “Home- and community-based services” means one or more of the following services: (a) Personal care attendant services, which are defined as services required by a person with a disability in order to become physically independent or to remain in or return to the community. (b) Respite care services, which are defined as the temporary care and supervision of a person with a disability or an infirm elderly person so that the primary caregiver can be relieved of such duties. Respite care services may be performed either in the home of the person with a disability or infirm elderly person or in a facility owned by the home- and community-based service THE ADVOCATE PAGE 482

provider who provides respite care services. Procedure Act, to provide for the licensure For the purposes of this Section, “person with a of personal care attendant services agencies, disability” shall mean a person with a physical, respite care services agencies, and supervised mental, or medical condition or an adult who independent living programs home- and requires assistance with activities of daily living. community-based service providers, and to (c) Supervised independent living services, provide for the health, safety, and welfare of which are defined as necessary training, social persons receiving services from such facilities services, and medical services to enable a person or programs providers, and to provide for the who has mental illness or who has developmental safe operation of such facilities or programs disabilities and who is living in congregate or providers. The rules, regulations, and licensing individual apartments to live as independently as standards shall become effective upon approval possible in the community. of the secretary of the department in accordance (d) Family support services, which are defined with the Administrative Procedure Act. These as advocacy services, family counseling, including rules, regulations, and licensing standards shall genetic counseling, family subsidy programs, have the effect of law. parent-to-parent outreach, legal assistance, B. The licensing agency of the department income maintenance, parent training, homemaker shall prescribe, promulgate, and publish rules, services, minor home renovations, marriage and regulations, and licensing standards to include family education, and other related programs. but not be limited to the following: (e) Adult day care services, which are defined as (1) Licensure application and renewal a group program designed to meet the individual application procedures and requirements. needs of functionally impaired adults which Licensure procedures and requirements may is structured and comprehensive and which include provisions for granting deemed status to provides a variety of health, social, and related home- and community-based service providers support services in a protective setting for a that obtain accreditation through a recognized portion of the twenty-four hour day. The group national, not-for-profit accrediting body; the program shall provide for ten or more functionally licensure procedures and requirements may impaired adults who are not related to the owner include provisions for denying and revoking or operator of the home- and community-based deemed status, for complaint surveys and service provider. For the purposes of this Section, investigations of providers holding deemed status, “functionally impaired adults” shall mean and for approved accreditation organizations. individuals aged seventeen years of age and older Deemed status shall not be available to persons who are physically, mentally, or socially impaired or entities seeking initial licensure with the to a degree that supervision is necessary. department. (f) Waiver program services, which are defined * * * as other services approved by the Centers for (6) Initial and annual renewal of license, Medicare and Medicaid Services for home- and including the requirement of a showing of community-based waivers for the Louisiana financial viability not in excess of the requirement Medicaid Program. for initial licensure. (5) “Personal care attendant services agency” * * * means an agency, institution, society, corporation, (9) Planning, construction, and design of the person or persons, or any other group licensed as facility or provider to insure the health, safety, a personal care attendant service agency by the welfare, rights, and comfort of patients, clients, Department of Health and Hospitals. “Home- and and persons receiving services. community-based service provider” means an * * * agency, institution, society, corporation, person C. Such rules and regulations shall not provide or persons, or any other group licensed as a for the licensure of residential orientation home- and community-based service provider and adjustment programs for blind persons as by the department to provide one or more home- supervised independent living service programs and community-based services as defined in this home- and community-based service providers. Section. D.(1) The secretary of the department is further §2120.3. Licensure of home- and community- authorized to set and collect fees for the licensure based services service providers of personal care attendant services, respite care A. No agency, institution, society, corporation, services, and supervised independent living person or persons, or any other group providing service providers home- and community-based personal care attendant services, respite care service providers; however, no fees shall be services, or supervised independent living collected from any council on aging pursuant to services home- and community-based services this Section. The license fees shall not exceed may be established or operated or be reimbursed the cost of licensure and shall not exceed the under the Medicaid program for such services following: unless licensed to perform such services by the (a) Two hundred dollars per year for each department. personal care attendant service agency (1) Six B. A license issued to a personal care attendant hundred dollars per year for the base license for agency, a respite care services agency, or a home- and community-based service providers supervised independent living program home- who provide in-home services. and community-based service provider shall be (b) Two hundred dollars per year for each valid for only one geographic location, and shall supervised independent living program (2) An be issued only for the person or and premises additional two hundred dollars per year for named in the license application. home- and community-based service providers * * * who provide adult day care services. G. A license issued under this Part shall be (c) Two hundred dollars per year for each agency valid for only one geographic location. providing in-home respite care (3) An additional H. A license issued to a personal care attendant two hundred dollars per year for home- and agency, a respite care services agency, or a community-based service providers who provide supervised independent living program home- out-of-home respite care. and community-based service provider shall be (2) Each out-of-home respite care facility shall posted in a conspicuous place on the licensed be assessed fees as follows: premises and shall list the types of home- and (a) Four hundred dollars per year for each outcommunity-based services that the provider is of-home respite care facility with no fewer than licensed to provide. four and no more than six beds. §2120.4. Rules and regulations; licensing (b) Eight hundred dollars per year for each outstandards of-home respite care facility with no fewer than A. The licensing agency of the department is seven and no more than fifteen beds. hereby authorized and directed to promulgate (c) Twelve hundred dollars per year for each and publish rules, regulations, and licensing out-of-home respite care facility with sixteen or standards, in accordance with the Administrative more beds. * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored
(House Bills) and underscored and boldfaced (Senate Bills) are additions.

§2120.5. License issuance; application; onsite inspection A. Each application for licensure of a personal care attendant services agency, respite care services agency, or supervised independent living program home- and community-based service provider shall be submitted to the department on forms provided by the licensing agency and shall contain such information as that agency may require. Additional information required by the licensing agency shall be provided by the applicant as requested. * * * C.(1) Following receipt of the completed application and licensing fee, the licensing agency shall perform an onsite survey and inspection. If, after the onsite survey and inspection, the licensing agency finds that the facility or provider meets the requirements established under this Part and the licensing standards adopted pursuant to this Part, a license shall be issued. (2) The licensing agency shall work to ensure that surveys are coordinated to the greatest extent possible with other state regulatory agencies in order to reduce duplication of effort on the part of the state, as well as the regulated agency provider. This provision shall not apply to complaint investigations. D. As a condition for a renewal of a license, the licensee must submit to the licensing agency a completed annual renewal application on forms prescribed by the licensing agency and shall contain such information as required by the agency; additionally, the annual renewal licensing fee must be submitted with the annual renewal application. Upon receipt of the completed annual renewal application and the annual renewal licensing fee, the licensing agency shall determine if the facility or provider continues to meet the requirements established under this Part and the licensing standards adopted pursuant to this Part. The licensing agency may perform an onsite survey and inspection upon annual renewal. If the facility or provider continues to meet the requirements established under this Part and the licensing standards adopted pursuant to this Part, a license shall be issued which is valid for one year. * * * §2120.6. Operation without license; penalty A. A personal care attendant services agency, respite care services agency, and supervised independent living program homeand community-based service provider shall not operate without a license issued by the licensing agency, regardless of provider payor source. Any such facility or provider operating without a license shall be guilty of a misdemeanor and upon conviction shall be fined no less than two hundred fifty dollars nor more than one thousand dollars. Each day of violation shall constitute a separate offense. It shall be the responsibility of the department to inform the appropriate district attorney of the alleged violation to assure enforcement. B. If a personal care attendant services agency, respite care services agency, or supervised independent living program homeand community-based service provider is operating without a license issued by the licensing agency, the department shall have the authority to issue an immediate cease and desist order to that facility or provider. Any such facility or provider receiving such a cease and desist order from the department shall immediately cease operations until such time as that provider is issued a license by the applicable licensing agency. * * * §2120.7. Fees on home- and community-based service providers; disposition of fees A.(1) The department is hereby authorized to adopt and impose fees for home- and communitybased services provided by the Medicaid program on every personal care attendant services agency, respite care services agency, and supervised independent living program homeand

community-based service provider and to adopt rules and regulations relative to the imposition of such fees. The amount of any fee shall not exceed the total cost to the state of providing the service subject to such fee. In addition, the amount of the fees imposed shall not exceed six percent of the gross revenues of such agency or program. * * * (4) The department shall not impose, adopt, or collect any fee authorized under the provisions of this Section until written approval is received from the secretary of the United States Department of Health and Human Services that personal care service agencies, respite care services agencies, or supervised independent living programs, either collectively or separately, home- and community-based service providers may be considered a “class of providers” for the purposes of 42 C.F.R. CFR 433.56. * * * Section 4. R.S. 46:2624(B)(7) and (8) are hereby amended and reenacted to read as follows: §2624. Louisiana Medical Assistance Trust Fund Advisory Council; creation; membership * * * B. The Louisiana Medical Assistance Trust Fund Advisory Council shall be composed of the following members: * * * (7) One member appointed by the governor who is a provider of home- and community based-service provider who provides personal care attendant services or respite care services, provided this service provider group pays a provider fee. (8) One member appointed by the governor who is a provider of home- and community based-service provider who provides supervised independent living services, provided this service provider group pays a provider fee. * * * Section 5. R.S. 40:1299.58(G), 1300.51(2)(d), (i), and (j), 2006(E)(2)(t), (u), (v), and (w), 2120.2(6), (7), and (8), 2120.3(H), Part II-E of Chapter 11 of Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S. 40:2120.11 through 2120.16, and Part II-F of Chapter 11 of Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S. 40:2120.21 through 2120.26, are hereby repealed in their entirety. Section 6. The provisions of this Act shall not be implemented, applied, or enforced until the final adoption of the necessary rules and regulations promulgated by the Department of Health and Hospitals. The Department of Health and Hospitals shall, upon the effective date of this Act, immediately commence the process of promulgating such rules and regulations. Section 7. 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. Approved by the Governor, July 8, 2008. A true copy: Jay Dardenne Secretary of State --------

sessions; to provide limitations; to provide for effectiveness; to provide for an effective date; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 17:3351.6(B) is hereby amended and reenacted and R.S. 17:3351.6(A)(4), (5), and (6) are hereby enacted to read as follows: §3351.6. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College; tuition and nonresident fee amounts for the Paul M. Hebert Law Center A. In addition to the authority granted to the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College by R.S. 17:3351(A)(5) and Act No. 493 of the 1999 Regular Session of the Legislature and in accordance with the provisions of Article VII, Section 2.1(A) of the Constitution of Louisiana, the board may impose the following increases in tuition and nonresident attendance fee amounts: * * * (4) For full-time students in the first-year class at the Paul M. Hebert Law Center for the Fall 2008 semester, an increase in tuition by an amount of five hundred dollars per semester and an increase in the nonresident attendance fee by an amount of five hundred dollars per semester. The tuition and nonresident attendance fee amounts authorized by this Paragraph for such students shall continue and shall not be increased through the Spring 2011 semester. (5) For full-time students in the first-year class at the Paul M. Hebert Law Center for the Fall 2009 semester, an increase in tuition by an amount of one thousand dollars per semester and an increase in the nonresident attendance fee by an amount of one thousand dollars per semester. The tuition and nonresident attendance fee amounts authorized by this Paragraph for such students shall continue and not be increased through the Spring 2012 semester. (6) For full-time students in the first-year class at the Paul M. Hebert Law Center for the Fall 2010 semester or in the first-year class in a subsequent year, an increase in tuition by an amount of one thousand five hundred dollars per semester and an increase in the nonresident attendance fee by an amount of one thousand five hundred dollars per semester. B. The increases in tuition and nonresident attendance fee amounts authorized by Paragraphs (A)(1), (2), and (3) of this Section shall be increases from the tuition and nonresident attendance fee amounts in effect for the Spring 2002 semester. The increases in tuition and nonresident attendance fee amounts authorized by Paragraphs (A)(4), (5), and (6) of this Section shall be increases from the tuition and nonresident attendance fee amounts in effect for the Spring 2008 semester. * * * Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval. This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State -------ACT No. 841 --HOUSE BILL NO. 1164 BY REPRESENTATIVE MORRIS AN ACT To amend and reenact R.S. 17:85 and to repeal R.S. 17:85.1, 85.2, 85.3, 85.5, 85.8, 85.11, and 85.12, THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 483

scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

ACT No. 840 --HOUSE BILL NO. 1145 BY REPRESENTATIVE FOIL AND SENATOR DORSEY AN ACT To amend and reenact R.S. 17:3351.6(B) and to enact R.S. 17:3351.6(A)(4), (5), and (6), relative to authorizing the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College to increase tuition and nonresident fee amounts for students at the Paul M. Hebert Law Center; to authorize proportional amounts for part-time students and for summer * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under-

relative to the naming of facilities; to authorize school boards to name athletic facilities after living persons; to repeal prior grants of similar authority and to provide relative to actions taken by school boards under such grants of authority; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 17:85 is hereby amended and reenacted to read as follows: §85. Naming of football stadium athletic facility by certain school boards Notwithstanding R.S. 14:316 R.S. 42:267 or any other law to the contrary, a parish school board in a parish having a population between forty-three thousand and forty-three thousand six hundred persons according to the most recent federal decennial census may name a football stadium an existing athletic facility at a high school in the parish within its jurisdiction in honor of a former principal and coach who meets all of the following criteria: living person. A school board may establish criteria that it will apply in naming an athletic facility in honor of a living person, but such criteria are not a prerequisite for the exercise of the authority granted by this Section. (1) He coached football at a high school in the parish that is no longer in existence and the football team he coached at that high school won two state championships. (2) He was a principal of the high school where the stadium is located and also served as an assistant coach at that high school. (3) He retired from the school system prior to 1990. Section 2. R.S. 17:85.1, 85.2, 85.3, 85.5, 85.8, 85.11, and 85.12 are hereby repealed in their entirety. Section 3. Any action taken by a school board to name a high school stadium, field house, athletic facility, or gymnasium which action was valid under a provision of law in effect at the time the action was taken is hereby ratified and affirmed and shall remain in effect except as provided by subsequent action of the school board. Section 4. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to 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. This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State -------ACT No. 842 --HOUSE BILL NO. 1182 BY REPRESENTATIVE SCHRODER AN ACT To enact R.S. 24:653(K) and R.S. 39:51.1 and 345.1, relative to the expenditure of public funds; to provide a procedure for the submission of certain information by certain nongovernmental entities for the purpose of inclusion in appropriation bills; to provide with respect to the approval by the Joint Legislative Committee on the Budget of budgets of certain public entities or salaries of certain public officials; to authorize the committee to direct by resolution the withholding of certain warrants of monies from the state treasury under certain circumstances; to designate certain expenditures as prohibited donations; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 24:653(K) is hereby enacted to read as follows: §653. Duties and functions * * * THE ADVOCATE PAGE 484

K.(1) In the conduct of its responsibility to of the Senate shall provide for a mechanism for discharge the constitutional fiscal and budgetary making all completed forms available to the responsibilities of the Louisiana Legislature, the members of the legislature and for notification to committee shall consider the operating budgets the members of the legislature of the availability of public entities and salaries of particular public of the information. officials which by law require the approval of the (3) Each completed form shall be published by committee. the clerk of the House of Representatives and (a) The consideration of operating budgets the secretary of the Senate and shall be made shall be given in advance of the beginning of available to the public via the Internet. The clerk the subject entity’s fiscal year. In the event the of the House of Representatives and the secretary committee finds that the entity has failed to of the Senate shall maintain the information receive the required approval, either by failure contained in the completed forms in an online, to appear or by committee disapproval of its searchable database, available to the public via budget, the committee shall have the authority the Internet. to adopt a resolution to direct the commissioner B. Such information shall include, at a minimum, of administration and the state treasurer to deny the following information: any warrant or payment of money from the state (1) The entity’s full legal name, mailing address, treasury for any amount contained within that and physical address. budget. The committee is also authorized to (2) The type of entity (for instance, a nonprofit adopt a resolution to direct the commissioner of corporation) and, if the entity is a corporation, the administration and state treasurer to recommence full names of the incorporators of the entity. If the acceptance of warrants. In case of a public the entity is a private entity required to register entity whose operating funds are administered with the secretary of state, the entity shall show outside of the state treasury, if the committee evidence of good standing with that office. determines that the entity has failed to receive (3) The last four numbers of the taxpayer the required approval of its budget, either by identification number of the entity. failure to appear or by committee disapproval of (4) The full names and addresses of the governing its budget, the committee is authorized to adopt board and all officers of the entity. Additionally, a resolution to that effect, and any expenditure the entity shall provide the full names and of public monies by such entity shall constitute a addresses of its executive director, chief violation of the provisions of Article VII, Section executive officer, or other person responsible for 14 of the Constitution of Louisiana. the operation of the entity, and the key personnel (b) The consideration of salaries of public responsible for the program or functions to be officials, which by law require the approval of the funded through the proposed funding. committee, shall occur prior to the execution of (5) The dollar amount of the proposed funding. any employment contract for that official. The (6) The entity’s proposed comprehensive budget state shall not be liable for any payment of such showing all anticipated uses of the proposed salary if the salary has not been approved by monies, including additional sources of revenue the Joint Legislative Committee on the Budget. for the program or project proposed, and amounts The committee shall have the authority to budgeted by categories of expenditures, including adopt a resolution to direct the commissioner but not limited to salaries, operating services, of administration and the state treasurer to professional services, contracts, acquisitions, deny any warrant or payment of money from major repairs, and other charges. the state treasury for any monies related to the (7) A certification that the entity has no payment of the salary at issue. The committee outstanding audit issues or findings or that the is also authorized to adopt a resolution to direct entity is working with appropriate governmental the commissioner of administration and state agencies to resolve those issues or findings. treasurer to recommence the acceptance of (8) The entity’s public purpose sought to be warrants. achieved through the use of state monies and the (2) The provisions of this Section shall have no goals and objectives to achieve such purpose. effect on the provisions of any contract which is in (9) The proposed length of time the entity effect prior to July 1, 2008. estimates is needed to accomplish the purpose. (3) Notwithstanding any contrary provision (10) If any elected or appointed official or an of law, the chairman of the Joint Legislative immediate family member of such an official is Committee on the Budget may grant an entity, for an officer, director, trustee, or employee of the good cause shown, an extension of time, not to entity who receives compensation or holds any exceed thirty days, to comply with the provisions ownership interest therein: of this Subsection and the Joint Legislative (a) If an elected or appointed official, the name Committee on the Budget may grant an additional and address of the official and the office held by extension of time. such person. Section 2. R.S. 39:51.1 and 345.1 are hereby (b) If an immediate family member of an elected enacted to read as follows: or appointed official, the name and address of §51.1. General Appropriation Bill and other such person; the name, address, and office of the appropriation bills; nongovernmental entity official to whom the person is related; and the funding request form nature of the relationship. A.(1)(a) No later than the first day of November (c) The percentage of the official’s or immediate each year any nongovernmental entity which is family member’s ownership interest in the entity, neither a budget unit nor a political subdivision of if any. the state that is requesting funding from the state (d) The position, if any, held by the official or through the General Appropriation Bill, capital immediate family member in the entity. outlay bill, or any supplemental appropriation (11) If the entity has a contract with any elected bill shall transmit certain information relative to or appointed official or an immediate family such proposed funding to the House Committee member of such an official or with the state or any on Appropriations, the House Committee on Ways political subdivision of the state: and Means, the Senate Committee on Finance, (a) If the contract is with an elected or appointed and the Senate Committee on Revenue and official, the name and address of the official and Fiscal Affairs in a form and manner as shall be the office held by such person. prescribed jointly by the committees. (b) If the contract is with an immediate family (b) The provisions of this Section shall not member of an elected or appointed official, the apply to appropriations for the payment of money name and address of such person; the name, judgments against the state, including consent address, and office of the official to whom judgments, stipulated judgments, judgments the person is related; and the nature of the rendered by the Board of Tax Appeals, and other relationship. judgments against the state. (c) If the contract is with the state or a political (2) At the direction of the committees, the clerk subdivision of the state, the name and address of of the House of Representatives and the secretary the state entity or political subdivision. * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored
(House Bills) and underscored and boldfaced (Senate Bills) are additions.

(d) The nature of the contract, including a description of the goods or services provided or to be provided pursuant to the contract. C. Requests submitted after November first of each year may be included within an appropriation bill if the late submission is approved by the Joint Legislative Committee on the Budget or the Joint Legislative Committee on Capital Outlay prior to the last day for introduction of a matter intended to have the effect of law by either house of the legislature. Requesting entities shall submit all applicable information prior to such approval. D. After the last day for introduction of a matter intended to have the effect of law by either house of the legislature, authorization for late submission shall be approved by a favorable vote of twothirds of the members of the standing committee to which such matter is referred or through an amendment in accordance with the rules of the respective house. E. A completed nongovernmental entity funding request form shall be submitted for each entity which is neither a budget unit nor a political subdivision of the state and for which funding is provided in an appropriation bill either upon introduction or through an amendment in accordance with the rules of the respective house. F. The term “immediate family” as used in this Section shall have the same meaning as provided in R.S. 42:1102. G. Nothing in this Section shall be construed to waive the provisions of Part III of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, pertaining to the capital outlay budget. * * * §345.1. Denial of warrants pursuant to resolution of the Joint Legislative Committee on the Budget Upon receipt of a resolution of the Joint Legislative Committee on the Budget which directs the denial of warrants for a particular entity, the commissioner of administration and the state treasurer shall deny any warrant for the benefit of such entity until receipt of a resolution to recommence the payment of warrants. Section 3. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to 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. Approved by the Governor, July 8, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 843 --HOUSE BILL NO. 1201 BY REPRESENTATIVE PERRY AND SENATORS N. GAUTREAUX AND MARIONNEAUX AN ACT To amend and reenact R.S. 39:1532, relative to the office of risk management; to require reporting on the payment and satisfaction of certain claims and judgments; to provide for an effective date; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 39:1532 is hereby amended and reenacted to read as follows: §1532. Reporting requirements A. The commissioner of administration shall prepare such reports as he finds necessary for the proper conduct of his duties. B. In the fiscal year immediately following a regular session of the legislature in which the legislature has enacted appropriations from the state general fund for the payment of specific judgments or claims, the commissioner of administration shall report to the House Committee on Appropriations and the Senate

Committee on Finance on the fifteenth day of October and the fifteenth day of February regarding the payment status of all such claims and judgments, including but not limited to the last offer made by the plaintiff as well as the last offer made by the state of Louisiana and the final cost of each judgment. Section 2. This Act shall become effective on July 1, 2008; if vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on July 1, 2008, or on the day following such approval by the legislature, whichever is later. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 844 --SENATE BILL NO. 773 BY SENATOR MARTINY AN ACT To amend and reenact R.S. 26:80(A)(3) and 280(A)(3), relative to alcohol permits; to provide for the issuance of alcohol permits to certain facilities which are leased for the purpose of conducting charitable games of chance; to provide for permits for dealers in beverages of low alcoholic content to certain facilities which are leased for the purposes of conducting charitable games of chance; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 26:80(A)(3) and 280(A)(3) are hereby amended and reenacted to read as follows: §80. Qualifications of applicants for permits A. Applicants for state and local permits of all kinds shall meet all of the following qualifications and conditions: * * * (3) Be the owner of the premises, or have a bona fide written lease therefor, or be a commercial lessor or a non-commercial lessor licensed pursuant to R.S. 4:701 et seq., exclusively for the sole purpose of conducting charitable gaming. * * * §280. Qualifications of applicants for permits A. Applicants for state and local permits of all kinds shall meet the following qualifications and conditions: * * * (3) Be the owner of the premises, or have a bona fide written lease therefor, or be a commercial lessor or a non-commercial lessor licensed pursuant to R.S. 4:701 et seq., exclusively for and for the sole purpose of conducting charitable gaming. In cases where the applicant holds a bona fide written lease, the name and current street address of the lessor shall be shown on the application form filed with the commissioner. * * * This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State --------

J. Either the governing authority of the city of Rayne or the governing authority of the parish of Acadia, or both, may increase the compensation that either or both pay to the marshal of the City Court of Rayne in such an amount over and above that fixed by Subsection A of this Section as either or both may determine. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 846 --HOUSE BILL NO. 1288 BY REPRESENTATIVE FANNIN AN ACT To provide with respect to the Revenue Sharing Fund and the allocation and distribution thereof for Fiscal Year 2008-2009; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. For the purposes of this Act the following definitions shall apply and obtain: (a)(1) Unless otherwise provided herein, “tax recipient bodies” shall mean the city of New Orleans, parish governing authorities, school boards, special taxing districts, and other bodies which were eligible for reimbursement or payment from the Property Tax Relief Fund prior to its abolition and repeal by Act 10 of the 1972 Extraordinary Session of the Louisiana Legislature and any other taxing district listed in Sections 1(a)(3) and 1(a)(4) or any other taxing district for any millage specified in Section 9(B) of this Act. In the parish of Rapides, “tax recipient bodies” shall not include Red River Waterways. In the parish of Lafourche, “tax recipient bodies” shall not include the Atchafalaya Basin Levee District, the Lafourche Levee District, and Fresh Water District No. 1. (2) “Tax recipient bodies” shall not include the millage levied by the various law enforcement districts in the state in lieu of commissions as a result of Act 689 of the 1976 Regular Session of the Louisiana Legislature; however, law enforcement districts shall be considered tax recipient bodies for any millage voted and levied for that purpose to the extent specifically provided in Section 9(B) of this Act. (3) “Tax recipient bodies” shall also mean those special taxing districts and other bodies which were not eligible for reimbursement as provided in Section 1(a)(1) but which had erroneously shared as a tax recipient body in the proceeds of Act 598 of the 1977 Regular Session and were subsequently determined by the state treasurer to be ineligible for such participation under the provisions of Act 592 of the 1978 Regular Session. The exclusive listing of all such special taxing districts and other bodies is as follows: Acadia Mermentau River Harbor & Terminal Allen Elizabeth Recreation District #3 Kinder Recreation District #2--Maintenance Hospital Service District #3--Maintenance Ascension Lighting District #6 Lighting District #7 Avoyelles Red River Waterway District--Capital Outlay Red River Waterway District--Operations Beauregard Waterworks District #3--Ward 4 Waterworks District #3--Ward Bienville Fire Protection District #6 Hospital Service District #2 Caldwell Columbia Heights Sewerage Cameron Cameron Water District #1--Maintenance Water District #7--Maintenance Grand Lake Recreation District--Maintenance THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 485

scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

ACT No. 845 --HOUSE BILL NO. 1267 BY REPRESENTATIVE MONTOUCET AN ACT To enact R.S. 13:1883(J), relative to the marshal of the city of Rayne; to authorize an increase in salary; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 13:1883(J) is hereby enacted to read as follows: §1883. Compensation of marshal * * * * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under-

Water District #10--Maintenance Fire District #10--Maintenance Catahoula Hospital District #2 Claiborne Hospital District #1 Concordia Recreation District #3--Maintenance Fire Protection District #1 Evangeline Cemetery Tax District--Ward 4 Cemetery Tax District #1 Cemetery Tax District #6 Water District #1--Maintenance Evangeline Parish School Board Consolidated School District No. 2 Evangeline Parish School Board Consolidated School District No. 7 Grant Hospital District #1 Recreational District #2 Jefferson Ambulance Service #1 Community Center Playground District #1 Community Center Playground District #10 Community Center Playground District #11 Community Center Playground District #12 Community Center Playground District #13 Community Center Playground District #14 Community Center Playground District #15 Fire Protection District #5 Fire Protection District #6 Sewerage District #8 Sewerage District #9 Jefferson Hospital District #1 LaSalle Sewer Maintenance Recreation District #5 Livingston Road Light District #2 Fire Protection District #1 Fire Protection District #4 Recreation District #3 Morehouse Bastrop Area Fire District #2 Fire District #1--Ward 6 Fire District #1--Ward 10 Pointe Coupee Sewerage District #1 Rapides Waterworks #11A--Maintenance Recreational--Maintenance St. James Road Light District #1A Road Light District #2 Road Light District #4 St. Landry Fire Protection District #3 St. Martin Sewerage District St. Mary West St. Mary Parish Port Commission St. Tammany Fire District #4 Fire District #5 Fire District #7 Fire District #9 Fire District #10 Recreation District #2 Tangipahoa Hospital District #1--Maintenance Union Hospital Service--Tri-Ward Hospital Service--East Union Vermilion Ward 8 Public Cemetery (4) “Tax recipient bodies” shall also mean the following special taxing districts and other bodies which were not eligible for reimbursement as provided in Section 1(a)(1) and which had never shared, except in the parishes of Bossier, East Baton Rouge, Ouachita and Terrebonne, as a tax recipient body in the proceeds of state revenue sharing. The exclusive listing of all such special taxing districts and other bodies is as follows: Assumption Road Lighting District #2 THE ADVOCATE PAGE 486

Bossier Cypress Back Bayou Recreation Tax--Bonds/Maintenance East Baton Rouge Village St. George Fire District Ouachita Cooley Hospital Tax Sterlington Sewerage District Fire District No. 1--Maintenance North Monroe Sewerage District No. 1--Maintenance Road Light District No. 5 Road Light District #1 Road Light District #3 Road Light District #4 East Ouachita Recreational District Terrebonne Road Lighting District No. 4 Road Lighting District No. 5--Maintenance Road Lighting District No. 6 Road Lighting District No. 8--Maintenance Road Lighting District No. 9--Maintenance Road Lighting District No. 10--Maintenance Fire Protection District No. 4-A--Maintenance Fire Protection District No. 5--Maintenance Fire Protection No. 8--Maintenance Fire Protection District No. 10--Maintenance Sanitation District No. 1--Maintenance Recreation District No. 1--Maintenance Recreation District No. 4--Maintenance Road Lighting District No. 1--Maintenance Road Lighting District No. 2--Maintenance Road Lighting District No. 3A Fire Protection District No. 123--Maintenance Fire Protection District No. 9--Maintenance Road Lighting District No. 7--Maintenance St. Tammany Mosquito District No. 2(A)--10 mills Mosquito District No. 2(B)--10 mills (5)(a) In addition to the limitations hereinabove set forth, “tax recipient bodies” for purposes of this Act shall be tax recipient bodies within the meaning of Article VII, Section 26 of the Constitution of Louisiana, limited solely to those taxes authorized prior to January 1, 1978, and any renewals thereof, or any millage authorized prior to January 1, 1978, but not levied in full or part on the tax rolls. In Orleans Parish this limitation shall apply solely to those taxes authorized and collected prior to January 1, 1978. (b) “Population” shall mean that enumeration of persons within the state, its parishes, and incorporated municipalities determined by the division of business and economic research of Louisiana Tech University under the most recent federal-state cooperative program for local population estimates. Such determination shall be submitted to the state treasurer annually not later than January fifteenth of each calendar year. Any tax recipient body or incorporated municipality which is aggrieved by such determination may file a petition for administrative review with the state treasurer not later than March fifteenth of each calendar year hereafter. The estimates so submitted shall have no effect on the distribution for the fiscal year in which they are made but shall be utilized for purposes of this Act and for distribution during the ensuing fiscal year. The treasurer shall have authority to affirm, modify, or set aside in whole or in part, the determination of the division of business and economic research of Louisiana Tech University. (c) “Homesteads” shall mean that enumeration of homestead exemption claims filed with the assessors as determined by the Louisiana Tax Commission as of November fifteenth of the current calendar year from the original tax rolls submitted to the commission prior to any adjustments thereto. (d) “Public school population” shall mean the enumeration of enrollments contained in the Department of Education Annual Report for the preceding school year. (e) “City of New Orleans”, unless otherwise indicated herein, shall mean only the city of New Orleans, the Orleans Levee District, the Sewerage and Water Board of New Orleans, the Board of Assessors for Orleans Parish, and the Orleans Parish School Board and reference in this Act to tax recipient bodies in the city of New Orleans shall refer only to the aforesaid entities. Section 2. The revenue sharing fund for the Fiscal Year 2008-2009 shall consist of the sum of Ninety Million and No/100 ($90,000,000.00) Dollars. Section 3. The amount to be distributed annually to each parish from the revenue sharing fund shall be the sum of (a) an amount equal to that percentage of eighty percent of the total fund which is equal to the ratio which the population of the parish bears to the total state population, and (b) an amount equal to that percentage of twenty percent of the total fund which is equal to the ratio which the number of homesteads in the parish bears to the total number of homesteads in the state. As used in this Section, the term “homesteads” shall mean that enumeration of adjusted homestead exemption claims filed with the assessors as determined by the Louisiana Tax Commission as of March thirty-first of the current calendar year.
CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

* As it appears in the enrolled bill

Section 4. Except as provided in Section 5, the state treasurer shall distribute the funds herein allocated to the tax collectors of the respective parishes and to the city of New Orleans. Section 5. That portion of the fund for the parish of Ouachita allocated to the Monroe City School Board shall be an amount which will reimburse said board, to the extent available and subject to the provisions of Section 9(C) of this Act, for the taxes lost as a result of homestead exemptions based on the tax rolls for the current calendar year and shall be distributed directly to the city treasurer of the city of Monroe, who shall pay therefrom the statutorily dedicated deductions for retirement systems. For the purpose of distribution of the balance of the revenue sharing funds the state treasurer may use the amount listed on the prior year Ouachita Parish tax rolls which were due the Monroe City School Board. Section 6. Eleven and nine-tenths percent of all revenue sharing funds distributed by the provisions of this Act, excluding such funds as are distributed directly to the city of New Orleans and the amount listed on the prior year Ouachita Parish tax rolls which were due the Monroe City School Board ($1,260,166), shall form a special fund ($9,981,594) to be distributed as commissions to the tax collectors of the respective parishes, the city of New Orleans excepted. Each such tax collector shall receive a percentage of such fund, based on commissions received by him pursuant to Act 153 of the 1973 Regular Session, as provided in Section 8 of this Act. Section 7.A. Two and forty-four hundredths percent of all revenue sharing funds distributed by the provisions of this Act, excluding such funds as are distributed directly to the city of New Orleans and the amount listed on the prior year Ouachita tax rolls which were due the Monroe City School Board ($1,260,166), shall form a special fund ($2,046,646) to be distributed to the various retirement systems which were eligible for payment pursuant to Act 153 of the 1973 Regular Session, as provided in Section 8 of this Act for distribution to such retirement systems, and shall make due payment thereof to each retirement system in the same proportion that the statutory deduction provided by law for the system bears to the total statutory deductions provided by law for all such retirement systems. For the purpose of distributing these retirement contributions, the state treasurer may use the statutory deductions determined by the Public Retirement Systems Actuarial Committee as per R.S. 11:103 for the previous calendar year. B. The city of New Orleans shall make the deductions legally established for retirement systems which were eligible for payment pursuant to Act 153 of the 1973 Regular Session and shall make due payment in accordance with the statutory deductions provided by law for all such retirement systems. Notwithstanding the above provisions the city of New Orleans shall remit the following amounts for the indicated retirement systems for Fiscal Year 2008-2009: Assessors’ Retirement Fund, $168,474; Clerks of Court Retirement and Relief Fund, $137,015; District Attorneys’ Retirement System, $67,281; Registrars of Voters Employees’ Retirement System, $64,443; Sheriffs’ Pension and Relief Fund, $55,762. Section 8. The respective percentages to be used in calculating tax collectors’ commissions and retirement system distributions shall be as follows:

PARISH Ouachita Plaquemines Pointe Coupee Rapides Red River Richland Sabine St. Bernard St. Charles St. Helena St. James St. John the Baptist St. Landry St. Martin St. Mary St. Tammany Tangipahoa Tensas Terrebonne Union Vermilion Vernon Washington Webster West Baton Rouge West Carroll West Feliciana Winn

SHERIFF 2.736% 1.436% .641% 3.250% .421% .655% .685% 3.467% 1.060% .446% .928% 1.184% 2.740% 1.121% 1.895% 2.752% 2.773% .343% 2.233% .590% 1.220% 1.627% 1.349% 1.068% .747% .464% .404% .633%

RETIREMENT 3.200% 1.241% .422% 3.751% .147% .683% .517% 3.005% .959% .291% .759% .704% 2.013% .626% 1.826% 2.396% 1.863% .266% 2.175% .409% 1.004% 1.112% .922% 1.131% .516% .466% .188% .377%

Section 9. All remaining funds shall be allocated and distributed as follows: A. Subject to the provisions of Subsection B of this Section and except as provided by Section 5, the tax collector of each parish and the city of New Orleans shall allocate and distribute, within fifteen days after receipt thereof, to the tax recipient bodies within his jurisdiction an amount available after commissions and deductions which is necessary to offset losses attributable to homestead exemptions. In any parish which had excess funds in 1977, the amount available for the reimbursement of homestead exemption losses shall be limited to the amount used for that purpose in 1977, adjusted by the percentage by which the number of homesteads in the parish increased or decreased from 1977 to 2007, together with any additional taxing bodies or millages authorized to participate on the same pro rata basis under the provisions of Section 1(a)(3), Section 1(a)(4), and Section 9(B) of this Act. This restriction shall not apply to the parish of East Carroll and to parishes in which there were no excess funds in 1977. However, in the city of New Orleans the amount available for the reimbursement of homestead exemption losses shall be limited to the amount used for that purpose in 1977, except that the amount distributed to the Orleans Levee District shall be limited solely to the amount used for the reimbursement of homestead exemption losses in 1977 on its two mill tax. The remaining amount shall be PARISH SHERIFF RETIREMENT adjusted by the percentage by which the number of homesteads in the city Acadia 1.491% 1.047% of New Orleans increased or decreased from 1977 to 2007, together with any Allen .739% .475% additional taxing bodies or millages authorized to participate on the same Ascension 1.283% .985% pro rata basis under the provisions of Section 9(B) of this Act. Assumption .871% .399% B. For purposes of this Subsection only, tax recipient bodies shall mean and Avoyelles 1.263% .811% include any recipient of funds hereunder, but limited solely to such specified Beauregard .842% .583% disbursements. The millages listed are included solely as an identification Bienville .596% .405% aid for administrative purposes and the new tax approved by the electorate Bossier 1.705% 2.281% shall be eligible for distribution hereunder, regardless of fluctuations in Caddo 5.490% 10.375% millage caused by adjustments for reassessment or other purposes. In Calcasieu 4.719% 6.051% no event shall any amount be deemed available within the meaning of Caldwell .473% .319% Article VII, Section 26 of the Constitution of Louisiana to reimburse losses Cameron .498% .400% attributable to homestead exemptions for taxes authorized after January 1, Catahoula .468% .303% 1978, and any renewals thereof, with the following basic exceptions: Claiborne .543% .326% (1) In the parish of Sabine, all millages listed on the tax roll, except the Concordia .730% .486% sheriff’s original millage, shall share on a pro rata basis. DeSoto .547% .349% (2) In the parish of DeSoto, all school board taxes authorized after East Baton Rouge 7.118% 11.977% January 1, 1978 and prior to the convening of the 1979 Regular Session, East Carroll .443% .331% the 7 mill parishwide school tax authorized May 2, 1987, the 37 mill school East Feliciana .489% .238% special tax authorized October 24, 1987, the assessor’s original millage, the Evangeline .730% .525% maintenance taxes for Fire Protection Districts Nos. 1, 5, 8, and 9 prior to Franklin .731% .757% 1990, the 7 mill tax authorized in 1994 for Fire District #2, the additional Grant .614% .357% 8.37 mill tax authorized on November 7, 1978 for the parish law enforcement Iberia 2.221% 1.847% district, the 1 mill tax authorized April 5, 1997 for Water District #1, the 3 Iberville 1.391% .810% mills tax authorized November 21, 2002 for the parish library, and the 1 mill Jackson .653% .495% tax authorized July 16, 1994 for the Communications District 911 System, Jefferson 13.312% 13.856% shall share on a pro rata basis with all other tax recipient bodies in the Jefferson Davis .693% .766% parish. The parish road maintenance tax which lapsed in 1983 and which Lafayette 3.081% 2.843% was reauthorized at 5 mills in 1984 shall share on a pro rata basis with all Lafourche 1.928% 1.958% other tax recipient bodies in the parish. LaSalle .548% .349% (3) In the parish of Bossier, after full reimbursement of all taxes authorized Lincoln .727% .922% prior to May 1, 1978 to all other tax recipient bodies in the parish including Livingston 1.679% 1.322% the additional 3 mills authorized on April 5, 1980 for the law enforcement Madison .443% .401% district and the assessor’s original millage, the following new millages shall Morehouse 1.001% .907% be reimbursed to the extent available: Natchitoches 1.072% .775% THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underPAGE 487 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

School Board District 13--11.63 mills/September 16, 1978 millage shall be limited to 1.91 mills, and the #9 Fire District’s millage shall School Board District 3--15.1 mills/September 16, 1978 be limited to 1.96 mills. (4) In the parish of Grant, all new millages authorized prior to January 1, (13) In the parish of Assumption, the total parish allocation, excluding the 1989, the 10.9 mill tax authorized January 16, 1999 for the library, the millage tax collector’s commission and the retirement systems’ deductions, shall authorized October 7, 1989 for Fire District No. 1, the 15 mill tax authorized form a special fund to be distributed as follows: in 1995 for Fire District #3, the additional mills for the law enforcement Law Enforcement District - 30.77% district and the assessor’s original millage, but excluding bond millages, Police Jury - 30.25% shall share on a pro rata basis with all other tax recipient bodies in the School Board - 28.72% parish. Assessment District - 10.26% (5) In the parish of Webster, after full reimbursement of all taxes authorized (14) The following new millages shall share on a pro rata basis with all prior to January 1, 1978 to all other tax recipient bodies in the parish and the other tax recipient bodies in their respective parishes: assessor’s original millage, the following new millages shall be reimbursed to the extent available: Acadia Doyline School District No. 7--33.32 mills/August 1, 1979 Bayou des Cannes-Nepique Gravity Drainage District--10 mills/1996 Consolidated School District No. 3--10.51 mills/June 1, 1978 5th Ward Gravity Drainage District--5 mills/April, 1980 Minden School District No. 6--32.9 mills/May 1, 1980 Iota-Long Point Gravity Drainage--0.40 mills/October 27, 1979 Parish Library–12 mills/November 2004 Bayou Mallett Gravity Drainage--0.73 mills/April 5, 1980 (6) In the parish of Vernon, all taxes authorized after January 1, 1978, 6th Ward and Crowley Dist. Maint.--1.29 mills/Dec. 8, 1979 including the additional 7 mills authorized on April 4, 1981 for the law Basile School District #7 Maintenance--3.32 mills/May 19, 1979 enforcement district, but excluding the sheriff’s original millage, shall Acadia-St. Landry Hospital District--7 mills/November 2, 1982 share on a pro rata basis with all other tax recipient bodies in the parish. Bayou Plaquemine-Wikoff Drainage--5 mills/Jan. 21, 1984 (7) In the parish of East Baton Rouge, the B.R.E.C. Maintenance and Library--4.25 mills/Jan. 19, 1985 Operation and Capital Improvement millages shall be limited to a total of Road Maintenance--3 mills/Nov. 28, 1981 5.44 mills. Health Unit Mt.--1.06 mills/Nov. 28, 1981 (8) In the parish of Lafourche, the total parish allocation, excluding the Fire District #4 Maintenance – 8 mills/January 16, 1999 tax collector’s commission and the retirement systems’ deductions shall Assessor’s original millage form a special fund to be distributed as follows: Fire District #6 Maintenance–8.01 mills/June 15, 2000 Parish Council - 61.60% Allen School Board - 27.25% Law Enforcement District (Additional)--6.47 mills/April 11, 1992 South Lafourche Levee District - 2.95% Assessor--5.23 mills/1990 Port Commission - 2.06% Road Dist. #1--4.86 mills/1992 Assessor - 3.32% Road Dist. #1--20.69 mills/1995 Bayou Lafourche Fresh Water District - 2.82% Road Dist. #1A--8 mills/1995 Provided, however, that of the funds distributed to the Bayou Lafourche Road District No. 2 Maintenance--7 mills/October 6, 1990 Fresh Water District in any state fiscal year, no less than Ten Thousand Road District No. 2 Maintenance--10 mills/July 18, 1992 Dollars ($10,000) shall be used for the abatement of water hyacinth and Road District No. 2 Bridge Maint.--5 mills/July 18, 1992 other noxious vegetation within the jurisdiction of the district in Lafourche Road District No. 3 Maintenance--8.18 mills/March 10, 1992 Parish. Road District No. 3 Maintenance--10 mills/January 20, 1990 (a) Of the amount distributed to the parish the following allocations shall Road Dist. #3--30 mills/1995 be made: Road Dist. #4--21.12 mills/1995 Bayou Blue Fire District - 0.42% Road District No. 4 Maintenance--30 mills/March 10, 1992 Drainage District No. 1 - 0.90% Library -- 10.76 mills/October 2002 Drainage District No. 5 - 0.65% Ascension Fire District No. 1 - 0.57% Law Enforcement District (Additional)--5 mills/Nov. 4, 1980 Fire District No. 2 - 0.59% Library Maintenance--4.2 mills/November 6, 1990 Fire District No. 3 - 1.30% Library -- 2.6 mills/2000 Fire District No. 9 - 0.42% East Asc. Gravity Drainage Dist.--5 mills/January 20, 1979 Lafourche Ambulance District No. 1 - .61% West Asc. Gravity Drainage Dist.--5 mills/November 4, 1980 Recreation District No. 2 - 2.81% West Ascension Gravity Drainage Dist.-- 4.67 mills/2000 Water District No. 1 - 3.02% Mental Health -- 2 mills/2000 Health Unit - 3.04% Road Lighting District No. 1--5 mills/ January 16, 1993 Recreation Commission - 5.05% Road Lighting District No. 2--5 mills/ January 16, 1993 Recreation District No. 1 - 0.96% Road Lighting District No. 3--5 mills/ January 16, 1993 Recreation District No. 8 - 0.61% Road Lighting District No. 4--5 mills/ January 16, 1993 Drainage - 10.14% Road Lighting District No. 5--5 mills/ January 16, 1993 Road Lighting - 4.24% Road Lighting District No. 6--5 mills/ January 16, 1993 Public Buildings - 6.19% Road Lighting District No. 7--5 mills/ September 27, 1986 Library - 6.24% Prairieville Fire District #3--11 mills/ July 16, 2005 Criminal - 0.24% Assessor’s original millage Road District #1 - 5.46% Avoyelles Drainage 1 of 12 - 0.20% All millages listed on the tax roll, except the sheriff’s original Drainage 2 of 12 - 0.11% millage, shall share on a pro rata basis Drainage 3 of 12 - 0.14% Beauregard Juvenile Justice - 1.47% Law Enforcement District--5 mills/April 5, 1980 (b) The amount distributed to the school board shall be allocated as Assessor’s original millage follows: Bienville Schools - 24.31% Solid Waste--6 mills/April 7, 1984 Special Education - 2.94% Assessor’s 1997 millage (9) In the parish of Calcasieu, the total parish allocation, excluding the tax Caddo collector’s commission and the retirement systems’ deductions, shall form a Fire Protection District No. 1--5 mills/July 16, 1983 special fund to be distributed as follows: Juvenile Court--0.12 mills/January 16, 1982 Police Jury--48.5% Jail Facilities--4.00 mills/April 5, 1980 School Board--29.4% Courthouse Maintenance--3.00 mills/January 16, 1982 Sheriff--11.9% Law Enforcement District (Cont. Ser.)--4.00 mills/April 30, 1983 Police Jury--5.0% to be distributed to the district attorney Library--4.90 mills/April, 1988 Lake Charles Harbor and Terminal District--2.8% Library--5.26 mills/April 1996 Assessor--2.3% Fire Dist. No. 2--10 mills/April 7, 1984 Vinton Harbor and Terminal District--0.1%. Fire Dist. No. 3--10 mills/Sept. 29, 1984 (10) In the parish of Iberville, the library’s 1996 millage shall be limited Fire Dist. No. 4--10 mills/Nov. 6, 1984 to 2.9 mills. Fire Dist. No. 5--10 mills/Nov. 6, 1984 (11) In the parish of St. Bernard, the assessor’s millage shall be limited to Fire Dist. No. 6--10 mills/Jan. 19, 1985 1.47 mills. Fire Dist. No. 7--10 mills (12) In the parish of Livingston, the library’s 1995 millage shall be limited Fire Dist. No. 8--4 mills/1999 to 3.48 mills, the assessor’s millage shall be limited to 2.56 mills, and the Fire Dist. No. 9--10 mills, Nov. 18, 1989 Juvenile Detention Center’s 1995 millage shall be limited to .44 mills, the Fire Dist. No. 1--10 mills/1989 #2 Fire District’s millage shall be limited to .81 mills, the #8 Fire District’s School Board Operations--11 mills/May 4, 1985 THE ADVOCATE * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored PAGE 488 (House Bills) and underscored and boldfaced (Senate Bills) are additions.

Public Works--6 mills/November 4, 1986 Iberia Public Facilities--0.92 mills Recreation District No. 8--1.85 mills/November 13, 1993 Jail--2 mills Assessment District Iberville Assessor’s original millage Law Enforcement District (Additional)--5 mills/December 8, 1979 Parish Health Unit--1 mill/1990 Assessor’s original millage Caddo Detention Center--3 mills/1990 Jackson Law Enforcement District--3 mills/November 6, 1990 Additional Support to Public Sch.--7.07 mills/July 28, 1979 Law Enforcement District--3.0 mills/October 16, 1993 Law Enforcement District--8 mills/May 16, 1981 BioMedical--2 mills/1993 Library--All millages Criminal Justice System--1.82 mills/October 20, 2001 Caldwell Assessment district Jefferson Assessor’s original millage West Jefferson Levee District--All millages Recreation Maintenance--November 1995 Lafayette Road Maintenance--May 1990 Cameron Lafayette Parish Public Library--1.09 mills/May, 1979 Law Enforcement District (Add.)--8 mills/April 7, 1990 School Board--10 mills/May 4, 1985 Assessor’s original millage Lafayette Parish Sheriff--5.0 mills/May, 1980 Catahoula Assessor’s original millage All millages listed on the tax roll, except the sheriff’s original Bayou Vermilion District--All maintenance taxes prior to 1990 millage, shall share on a pro rata basis LaSalle Claiborne Law Enforcement District (Additional)--8.2 mills Assessment District Library--November 1995 School District #13--12 mills/November 2, 1982 Road District 2B--3.09 mills/April 16, 1988 Law Enforcement District--6.25 mills/July 21, 1990 Road District 2BN--1.03 mills/April 16, 1988 School Board Maintenance--2 mills/April 5, 1986 Ambulance Tax--0.65 mills School Board Operations--5 mills/April 5, 1986 Road and Bridge--0.66 mills Police Jury Building--2 mills/March 30, 1985 Health Unit--0.23 mills Road, Street & Bridge Maintenance--1993 Fair Tax--0.09 mills Road Equipment--1993 Special B & C 1A--0.19 mills Concordia Sewer Maintenance--6.04 mills School Operation & Maintenance--23.25 mills/September, 1982 Fire District--5.32 mills Library--All millages Little Creek-Searcy Volunteer Fire District -- 20 mills Assessor’s original millage Summerville-Rosefield Volunteer Fire District -- 20 mills Law Enforcement District--12 mills/April 11, 1992 Eden-Fellowship Volunteer Fire District -- 9.79 mills Highway, Drainage and Courthouse Maintenance--10 mills/ Whitehall Volunteer Fire District -- Operations -- 10 mills October 16, 1993 Whitehall Volunteer Fire District -- Maintenance -- 10 mills East Baton Rouge Recreation District #22--1.05 mills Fire Protection #6 (Hooper Rd.)--10 mills/November 6, 1984 Assessor’s original millage Lincoln Fire Protection #3 (Brownsfield)--10 mills/November 6, 1984 Library Const./Mt.--0.75 Mills/January 21, 1978 Fire Protection #4 (Central)– 10 mills/October 8, 1985 Law Enforcement District (Additional)--8.5 mills/July 22,1992 Zachary Constitutional School -- 5 mills/November 15, 2003 School-Special Maint. & Oper.--0.15 mills/May 18, 1979 Baker Constitutional School -- 5 mills/November 15, 2003 East Carroll School-Special Repair & Equip.--0.15 mills/May 18, 1979 Garbage District No. 1--7 mills/November 4, 1980 Library--0.71 mills/January 15, 1983 Parish Library--6.5 mills/May 22, 1989 Assessor’s original millage Livingston Parish Health Unit--3 mills Law Enforcement District (Special)--12.19 mills/1976 Rural Fire District Maintenance--2 mills Recreation District #3--2 mills/May 19, 1979 Courthouse Maintenance--2 mills School District No. 5--5 mills/November 2, 1982 Road Maintenance and Construction--0.75 mills/March 26, 1983 Fire District No. 1--10.04 mills/1986 Drainage Maintenance and Construct.--0.75 mills/March 26, 1983 Fire District No. 5--10 mills/Nov. 6, 1984 East Carroll Hospital Service Dist.--5 mills/May 5, 1984 Fire District No. 7 -- 5 Mills/1999 Assessor’s original millage East Feliciana Fire District No. 10--10.33 mills/1985 Assessment District, 1997 Fire District No. 11--All millages Evangeline Roads & Bridges--5 mills/November 3, 1992 Madison Consolidated School Dist. #2--9.47 mills/May 19, 1979 Assessor’s original millage Basile New School Dist. #7--3.32 mills/May 19, 1979 Morehouse Elderly Services--1 mill/Nov. 4, 1980 Bastrop Area Fire Pro. Dist. No. 2--2 mills/Nov. 7, 1978 Ward 5 Fire Protection District--11.17 mills Assessor’s original millage Pine Prairie Fire Protection District--8.95 mills/Nov. 3, 1992 Library--1 mill/ Jan. 20, 1990 Acadia-Evangeline Fire Protection District--0.97 mills Natchitoches Mamou Fire Protection District No. 1--8.0 mills/April, 1995 Law Enforcement District (Additional)--10 mills/May 16, 1981 Fire District No. 2 -- 5 mills/1999 Fire District No. 6--7 mills District Two Cemetery--1.07 mills Parish Ambulance Tax District Three Cemetery--1.07 mills Fire District No. 7--10 mills District Seven Cemetery--1.01 mills Goldonna Area Fire Protection Dist. No. 2 Road District Two--10.00 mills (Additional) Library--3 mills/1988 Road District No. 5--10 mills/1997 Assessor’s original millage Ward One Cemetery--1 mill/1997 City of New Orleans Ward Four Cemetery--1 mill/1997 Board of Assessors’ original millage Ward Five Cemetery--1 mill/1997 Ouachita Road District Three--.48 mills/1987 and 5.0 mills/1996 Law Enforcement District (Add.)--7.85 mills/Oct. 17, 1981 Road District Four--10.00 mills (Additional) Ouachita Parish Road Lighting District No. 1 (Lakeshore Area) Mamou Gravity Drainage District No. 5--1.56 mills Ouachita Parish Assessment District Prairie Mamou Gravity Drainage District No. 8--3.42 mills Green Oaks Juvenile Detention Home -- 3.75 mills/1996 Durald Gravity Drainage District No. 4 Library -- 7.75 mills/1995 Vidrine Gravity Drainage District No. 7 Plaquemines Assessor’s original millage Franklin School Board Tax--6 (4 Maint./2 Sal.) mills/November 19, 1983 Law Enforcement District--10 mills/July 10, 1982 Law Enforcement District (Additional)--5 mills/May 4, 1985 Assessor’s original millage Water--2.47 mills in 1992 Library--7 mills/1990 Library--1.24 mills in 1992 Health Unit--3.0 mills/November 6, 1990 Pollution Control--2.47 mills in 1992 Parish Equipment--8.0 mills/October 16, 1993 Road Maintenance--1.86 mills in 1992 Drainage Maintenance--11 mills/October 16, 1993 Public Health--1.24 mills in 1992 Courthouse Maintenance--4 mills/October 16, 1993 Waste Disposal--3.69 mills in 1992 THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underPAGE 489 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

Incineration--1.24 mills in 1992 Hospital--2.54 mills in 1992 Law Enforcement Jail Fac. Prop. I--6 mills/October 3, 1992 Assessor’s original millage Pointe Coupee Law Enforcement District (Additional)--10 mills/April 4, 1981 School Board--5.83 mills/April 4, 1981 Library--1.22 mills/April 4, 1981 Fire Protection Dist. #1--All maint. millages prior to 1991 Fire Protection District #2--3 mills/October 17, 1981 Fire Protection District #3--3 mills/October 17, 1981 Fire Protection District #4--3 mills/October 17, 1981 Fire Protection District #5--5 mills/October 17, 1981 Sewerage Dist. No. 1 Mt.--5 mills/July 9, 1977 (levied 1980) Assessor’s original millage Rapides Rapides Parish School Board--.20 mills/April 1, 1978 Rapides Parish School Board--15.20 mills/May 13, 1978 Gravity Drainage District #1 Main.--1 mill/October 17, 1981 Road District 1A (Ward 4) Road District 2C Road District 3A Road District 5A Road District 6A (Ward 6) Road District 7A (Ward 7) Road District 36 (Ward 8) Road District 9B (Ward 9) Road District 10A (Ward 10) Road District 2B (Ward 11) Fire District #8 (Maint.)--20 mills/April 30,1983 School District No. 11 (Ward 10)--2 mills/May 7, 1980 School District No. 50 (Ward 11)--2 mills/September 11, 1982 School Dist. No. 51 (Ward 5)--All maint. millages prior to 1990 Consolidated School Dist. No. 62--4.02 mills/April 4, 1987 Consolidated School Dist. No. 62--4.00 mills/April 16, 1988 Fire District No. 5--20 mills/Nov. 4, 1986 Fire District No. 3--12 mills/Oct. 19, 1985 Fire District No. 7--6 mills/May 3, 1986 Fire District No. 9 Fire District No. 10--20 mills/Nov. 4, 1986 Fire District No. 11 Fire District No. 12 Assessor’s original millage Plainview Fire District No. 10--10 mills/1990 Fire District #4 Fire District #7 Senior Citizens Buckeye Recreational District Flatwoods Fire District Law Enforcement District (Additional)--Nov. 6, 1984 Fire District No. 6--20 mills Library--6.0 mills/January 15, 1994 Red River Law Enforcement District (Additional)--5 mills/April 5, 1980 St. Bernard St. Bernard Port, Harbor and Terminal District--All millages Library--All millages St. Charles Law Enforcement District (Add.)--7.75 mills/Nov. 4, 1980 Library--3 mills/September 27, 1986 Law Enforcement District –3.75 mills/July 16, 2005 Assessor’s original millage St. Helena Parishwide Road District Maintenance Road District #1 Maintenance Sub-Road District #2 of Road District #2 Maintenance Road District #3 Maintenance Road District #4 Maintenance Road District #5 Maintenance Road District #6 Maintenance Parish Library Fire Protection District #5 Maintenance Law Enforcement District--10 mills/May 3, 1986 Assessor’s original millage Sub-Road District #1 of Road District #2 Fire Protection District #2 Fire Protection District #3 Florida Parishes Juvenile Detention Center--3 mills/1995 St. James St. James Hospital Board--4.31 mills/May 18, 1979 Gramercy Recreation District--5 mills/May 18, 1979 Law Enforcement District--6.00 mills/July 16, 1988 Assessment District, 1985 St. John Law Enforcement District (Additional)--15.18 mills/May 17, 1980 Assessor’s original millage THE ADVOCATE * As it appears in the enrolled bill PAGE 490

St. Landry Gravity Drainage District No. 1 of Ward 2 Fire District #3 Fire District #2 Fire District No. 5 St. Landry Parish School Board--12 mills/May 3, 1986 Jail Maintenance Tax--1 mill/January 19, 1980 Fire District No. 6 Acadia-St. Landry Hospital District--7 mills/November 2, 1982 Road District #11A, Sub-1--10.00 mills/1993 Road District #11-A, Sub-2 Maintenance--5 mills/April 30, 1983 Road District #3, Ward 1, Sub-1 Main.--10 mills/Jan. 21, 1984 Road District #12, Ward 2--2.65 mills/January 1, 1979 Road District #1, Ward 3 Road District #4,-- 10 mills/July 21, 2001 Road District #5--15 mills/1993 Road District #6--15 mills/ May 4, 2002 Assessor’s original millage South St. Landry Comm. Library Dist.--5.75 mills/Nov. 16, 1991 St. Martin Assessor’s original millage St. Mary Wax Lake East Drainage District Sub Gravity Drainage District of Wax Lake East Assessor--2.9 mills/1982 Hospital Service District No. 1--7.88 mills/1999 Hospital Service District No. 1--6 mills/1999 Hospital Service District No. 1--3.47 mills/2003 St. Tammany All millages listed on the tax roll, and in particular the parish library millages authorized on April 5, 1980 and May 5, 1984, with the exception of the sheriff’s original millage, shall share on a pro rata basis. Tangipahoa Road Lighting District No. 2--5 mills/July 21, 1990 Library--.60 mills/1984 Library Maint.--2.60 mills/May 4, 1985 Garbage District # 1 Maint.--10 mills/March 26, 1983 Road District # 7 Maint.--5 mills/Sept. 11, 1982 Fire Dist. #1--2.10 mills/1978 Fire Protection District No. 1--7 mills/1998 Fire Dist. #1--5.65 mills/1996 Fire Protection District # 2--10 mills/May 5, 1984 (2 taxes) Fire Dist. #2--10 mills/1996 Law Enforcement District (Additional)--10 mills Drainage District #4 Maint.--3 mills/April 30, 1983 Assessor’s original millage Gravity Drainage District No. 5--5 mills/April 7, 1990 Florida Parishes Juvenile Detention Center--3 mills/1995 Pontchatoula Recreation Dist.--10 mills/1996 Independence Recreation Dist.--15 mills/1996 Hammond Alternate School -- 3 mills/1996 Tensas Gravity Drainage Dist. No. 2--3 mills/October 3, 1992 Medical Services--12 mills/February 28, 1987 Assessor’s additional millage--1988 Terrebonne All millages listed on the tax roll, except the sheriff’s original millage, shall share a pro rata basis. Vermilion Subroad Dist. No. 5 of Road Dist. No. 2--5 mills/1979 Road District No. 3--5 mills/1979 Subroad Dist. No. 2 of Road Dist. No. 2--5 mills/1979 Library -- 1.12 mills/1994 Washington Washington Schools Spec. Main./Op.--0.90 mills/1984 School District #2 Maintenance--0.98 mills/1981 School District #2 Support--0.98 mills/ 1981 Bogalusa City Schools Main./Op.--23 mills/ 1989 Library--4.57 mills/ 1987 Angie School--5 mills/1990 Assessor’s millage Rich. FD #2 -- 8 mills/1998 Bonner Creek Fire Dist.--8.46 mills/1987 Bonner Creek Fire Dist.--5 mills/1996 Spring Hill Fire Dist. #8--5.73 mills/1995 Spring Hill Fire District #8 -- 6 mills/1998 Mt. Herman Fire Dist. #9--16 mills/1995 Pine Fire Dist. #4--10 mills/1995 Angie Fire Dist. #5--10 mills/1992 Varnado Fire Dist. #6--10 mills/1992 Fire Dist. #7--5 mills/1996 Fire Dist. #7--12.27 mills/1992 Hayes Creek Fire District #3--17 mills/1999 Florida Parishes Juvenile Detention Center--3 mills/1995 West Baton Rouge Law Enforcement District (Additional)--5 mills/1980
CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

Orleans and the tax collector in each parish, within fifteen days after receipt thereof, shall distribute such remaining excess amount as follows, except as otherwise provided in Subsection D of this Section: A. The portion of the excess equal to the ratio that the parish public school population bears to the total population of the parish shall be allocated and distributed to the respective city and parish school boards in the parish proportionate to the public school population of each. B. The next portion of the excess remaining after allocation and distribution to the school boards, equal to the ratio that the total population of all incorporated areas in the parish bears to the total parish population, shall be allocated and distributed to the respective incorporated municipalities of the parish proportionate to the respective population of each. C. The remaining portion of such excess, if any after allocation and distribution to the school boards and incorporated areas of a parish, shall be allocated and distributed to the parish governing authority. D. For purposes of this Subsection only, “tax recipient bodies” shall mean and include any recipient of excess funds hereunder. In the following parishes the tax collector thereof, or in Orleans Parish, the city of New Orleans, within fifteen days after receipt thereof, shall distribute such excess amount as follows: (1) In the parish of Plaquemines, one hundred percent thereof to the parish governing authority. (2) In the parishes of Cameron, St. Charles, and St. John the Baptist, seventy-five percent thereof to the parish governing authority, and twentyfive percent thereof to the parish school board. C.(1) If the amount distributed to the tax collector and the city of New (3) In the city of New Orleans, seventy percent thereof to the city of New Orleans is less than the amount required to reimburse tax losses on the Orleans and thirty percent thereof to the Orleans Parish School Board. basis of the tax rolls of the current calendar year as provided in Subsection (4) In the parish of Jefferson, sixty percent thereof to the parish governing A of this Section, the tax collector and the city of New Orleans shall authority, twenty-five percent thereof to the parish school board, and fifteen prorate such lesser amount among the various tax recipient bodies within percent thereof to the incorporated municipalities in the parish, to be the parish so that the lesser amount received by each tax recipient body distributed to such incorporated municipalities pro rata on a population shall be proportionate to the reduction in the total amount distributed to basis. However, no less than twenty-five percent of the funds distributed each parish, and the amount distributed by the state treasurer to the city to the parish governing authority in this Paragraph shall be utilized for treasurer of the city of Monroe shall be based upon similar prorating, if existing drainage projects and for providing for additional pumps for those necessary; however, in the parish of St. Bernard, the Lake Borgne Levee projects and excluding normal labor operating costs and other normal District shall receive a minimum of $163,000 and the St. Bernard Port, operational costs. Harbor and Terminal District shall receive a minimum of $125,000, and, in (5) In the parishes of Acadia, Bienville, East Feliciana, Franklin, Jackson, Allen Parish the Special Law Enforcement District shall receive a minimum St. Helena, St. James, Vernon, Washington, and West Feliciana, fifty percent of $58,000 and the Assessor shall receive a minimum of $36,500. thereof to the parish governing authority, twenty-five percent thereof to the (2) No bond millages levied to service bonds under the authority of parish school board except that in the parish of Washington, which has a Louisiana Constitution Article VI, Section 33(B) or Article XIV, Section 14 dual parish and city school administration, the twenty-five percent to the of the Louisiana Constitution of 1921 or any other constitutional or statutory school boards shall be prorated between the parish and city school systems authority for the issuance of general obligation bonds shall share in the on the basis of public school population, and twenty-five percent thereof proceeds of this Act and the governing authority of the issuing political to the incorporated municipalities in the parish, to be distributed to such subdivision shall levy and collect or cause to be levied and collected on all incorporated municipalities pro rata on a population basis, except that in the taxable property in the political subdivision ad valorem taxes sufficient to parish of West Feliciana the initial fifteen thousand dollars of such excess pay principal and interest and redemption premiums, if any, on such bonds shall be retained by the sheriff and the twenty-five percent for incorporated as they mature; the only exceptions to this prohibition shall be specifically municipalities shall be distributed to the town of St. Francisville. In the included in this Subsection. In the parish of Natchitoches, bond millages parish of East Feliciana, the initial twenty-five thousand dollars of such shall share and any tax recipient body in said parish otherwise eligible to excess shall be retained by the sheriff. participate in the revenue sharing fund may use the funds for the retirement (6) In the parish of Jefferson Davis, the portion of the excess equal to of the principal, interest, or premium, if any, or any combination thereof, of the ratio that the public school population of the parish bears to the total any outstanding bonded indebtedness of such tax recipient body. In the population of the parish shall be allocated and paid to the Jefferson Davis parish of Livingston the millage authorized in 1975 for the parish health Parish School Board, ten thousand dollars shall be allocated and paid to the unit shall share as an operation and maintenance millage. In the parish Assessor for Jefferson Davis Parish, and of the remainder of the excess, fifty of Avoyelles, the Ward 7 School District Construction Tax and the Ward percent thereof to the parish governing authority and fifty percent thereof 10 School District Construction Tax shall each share as an operation and to the incorporated municipalities in the parish, two thousand one hundred maintenance millage. In the parish of DeSoto, the 150 mills authorized for dollars to be distributed to each incorporated municipality and the balance School District #2 shall share as an operation and maintenance millage. In thereof to be distributed to such incorporated municipalities pro rata on a the parish of East Baton Rouge, the BREC Capital Improvement Tax shall population basis. share as an operation and maintenance millage. Bond millages may share (7) In the parish of St. Landry, thirty thousand dollars to the parish school in the parish of Sabine; however, if there are no excess funds those millages board for the operation of two food processing plants and the remainder as levied for operation and maintenance of those taxing districts eligible for follows: twenty-five percent to the sheriff for the operation and maintenance reimbursement shall have priority for reimbursement to the extent that of his office; twenty-five percent to the parish school board for use by the funds are available. In the parish of Bossier, bond millages and operation school board; twenty-five percent to the municipalities of the parish, out of and maintenance millages shall share on a pro rata basis and the school which five hundred dollars shall first be given to each municipality and the bonds listed in Section 9(B)(3) shall share as provided therein. balance shall be distributed to the municipalities on the basis of the formula (3) In the parish of St. Tammany, the parish governing authority shall make applying to the distribution of the tobacco tax; and twenty-five percent to the available out of its allocated funds a sufficient amount for the operation and parish governing authority. maintenance of the food stamp offices and the service office for veterans (8) In the parishes of Catahoula and Concordia, forty-four percent thereof established under R.S. 29:261. In the parish of St. Tammany, the parish to the parish governing authority, thirty-three percent thereof to the governing authority shall make available out of its allocated funds five parish school board, and twenty-three percent thereof to the incorporated thousand dollars for the St. Tammany Humane Society. In the event of municipalities in the parish, to be distributed to such incorporated any decrease in the state’s appropriated portion of the salaries of the St. municipalities pro rata on a population basis; prior to the distribution of Tammany Parish Registrar of Voters Office, the parish governing authority any excess funds in Concordia Parish, the parish libraries therein shall be shall make available out of its allocated funds a sufficient amount to replace reimbursed an amount equal to any increase in the sheriff’s commission such state funds, not to exceed $15,537.58. Of the funds allocated within the deducted from library taxes over and above the percentage authorized to parish of St. Charles, thirty thousand dollars shall be distributed to the St. be deducted in the 1975 calendar year; and the balance of the excess shall Charles Department of Community Services to be used for the operation be distributed as provided above in this Paragraph. However, in the parish of an outreach program at the St. Rose Community Center. Of the funds of Catahoula, the tax collector shall retain the sum of seventeen thousand allocated within the parish of Acadia, $180,000 shall be distributed to the dollars of the excess, in addition to the commission provided in Section 6 law enforcement district. of this Act, and the balance of the excess shall be distributed as provided Section 10. In the event the distribution to the tax collector in each parish above in this Paragraph; and further, in the parish of Concordia, the tax and to the city of New Orleans is more than the amount necessary to satisfy collector shall retain the sum of thirty-five thousand dollars of the excess, in the requirements of Sections 6 and 7 of this Act and to reimburse all tax addition to the commission provided in Section 6 of this Act, and the balance recipient bodies as set forth in Section 9 of this Act, then the city of New of the excess shall be distributed as provided above in this Paragraph. THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underPAGE 491 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

West Carroll Ward 1 Road Maintenance--5.45 mills Ward 2 Road Maintenance--4.59 mills Ward 2 Special Tax--Road District #2--2.75 mills Ward 3 Road Maintenance--4.96 mills Ward 3 Special Tax--Road Dist. #3--2.98 mills Ward 4 Road Maintenance--Road Dist. No. 4-4--4.20 mills Ward 4 Road Maintenance--Road Dist. No. 4-6--5.28 mills Ward 4 Special Tax--Road Dist. #4-4--2.52 mills Ward 4 Special Tax--Road Dist. #4-6--3.17 mills Ward 5 Road Maintenance--4.78 mills Ward 5 Special Tax--Road Dist. No. 5--2.87 mills Public Health Unit Maintenance--1.5 mills/ 1980 Roads & Bridges--8 mills/March 30, 1985 School Parishwide Maintenance--10 mills/ 1990 Assessment District West Feliciana Law Enforcement District (Additional)--6 mills/1986 Assessor’s original millage Winn Law Enforcement District (Additional)--8 mills/1981 Assessor’s original millage Library -- 1979 millage Library -- 3 mills/1999

(9) In the parishes of Sabine and Tangipahoa, forty percent thereof to the parish governing authority, thirty percent thereof to the parish school board, and thirty percent thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis. (10) In the parishes of Tensas and Winn, thirty-five percent thereof to the parish governing authority, thirty-five percent thereof to the parish school board, and thirty percent thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis. (11) In the parishes of Allen, Avoyelles, Bossier, Claiborne, DeSoto, East Carroll, Evangeline, Iberia, Lafayette, Lincoln, Madison, Rapides, Richland, St. Martin, St. Mary, Union, Webster, and West Carroll, thirty-three and one-third percent thereof to the parish governing authority, thirty-three and one-third percent thereof to the parish school board, and thirty-three and one-third percent thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis. Further, in the parish of Evangeline the additional excess funds received by the school board as a result of the change in percentages from those provided in Act 719 of the 1975 Regular Session of the Louisiana Legislature shall be used solely for the purpose of restoring the salaries or benefits to those school board employees to the same level or amount as were paid prior to the recent reductions or decreases in such salaries or benefits; however, if the excess funds are insufficient to restore the salaries or benefits to their former level or amount, then the excess funds shall be distributed on a pro rata basis. In the parish of Lafayette, the initial distribution shall be sixty thousand dollars to the Lafayette Association for Retarded Citizens, Incorporated, for operating expenses, one hundred seventy thousand dollars to the Lafayette Parish Sheriff, and the balance of the excess shall be distributed as provided above in this Paragraph. In the parish of Union, the initial distribution shall be six thousand dollars to the Spencer-West Sterlington Fire Protection District, Incorporated, for operating expenses; thereafter, the sheriff and ex officio tax collector shall retain the sum of fifty thousand dollars of the excess, in addition to the commission provided in Section 6 of this Act, and the balance of the excess shall be distributed as provided above in this Paragraph. In the parish of St. Mary, the parish governing authority shall make available out of its allocated excess funds a sufficient amount to the parish registrar of voters to pay the expenses of voter canvass required by law. In the parish of East Carroll the tax collector shall retain the sum of fifteen thousand dollars of the excess, in addition to the commission provided in Section 6 of this Act, and the balance of the excess shall be distributed as provided above in this Paragraph. In the parish of Claiborne the tax collector may retain up to an aggregate of ten percent of the excess as agreed to by resolution passed by the parish governing authority before receiving its part designated in this Paragraph, by resolution passed by the parish school board before receiving its part as designated in this Paragraph, and a resolution from each municipality in said parish; each of the above bodies in Claiborne Parish may provide the same or a different percentage for the sheriff but not to exceed ten percent of its share. In the parish of Webster the tax collector may retain up to an aggregate of ten percent of the excess to be received by the cities of Minden and Springhill and upon passage of resolutions authorizing same by respective governing authorities may retain amounts fixed in the resolution not to exceed ten percent of excess received by the police jury of Webster Parish and each of the other incorporated municipalities in Webster Parish. (12) In the parishes of Iberville, Pointe Coupee, and West Baton Rouge, thirty-three and one-third percent thereof to the parish governing authority, thirty-three and one-third percent thereof to the parish school board, and thirty-three and one-third percent thereof of such excess amount to the incorporated municipalities in the parish, in the same amounts of funds as were distributed to each in 1972 under the provisions of Act 4 of the 1972 Extraordinary Session except: (a) If the amount of excess funds is insufficient to supply the amounts distributed in 1972 to each incorporated municipality in the parish, the amount to be allocated and distributed to each incorporated municipality shall be reduced by the ratio that the amount of excess funds distributed to it in 1972 under Act 4 of the 1972 Extraordinary Session bore to the total amount of excess funds then so distributed to all of the incorporated municipalities in the parish; or (b) If the amount of such excess funds exceeds the amount necessary to supply the same amounts of excess funds distributed in 1972 to each incorporated municipality in the parish, the excess over the amounts distributed in 1972 shall be allocated and distributed to each incorporated municipality in the parish in the ratio that the population in each bears to the total population of all of the incorporated municipalities in the parish. However, in the parish of Pointe Coupee, the sheriff shall retain the sum of ten thousand dollars of such excess amount, in addition to the commission provided in Section 6 of this Act, to be used for the operation and maintenance of his department, and the balance of the excess shall be distributed as provided above in this Paragraph. (13) In the parish of Ouachita, the funds shall be distributed as follows: thirty-three percent thereof to the parish governing authority, thirty percent thereof to the city and parish school boards to be prorated between the city and parish school boards on the basis of public school population, and thirty-seven percent thereof to the incorporated municipalities in the THE ADVOCATE PAGE 492

parish, to be distributed to such incorporated municipalities pro rata on a population basis. (14) In the parish of Caddo, twenty-five percent thereof to the parish governing authority, thirty-five percent thereof to the parish school board, and forty percent thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis. (15) In the parish of East Baton Rouge, such excess amount shall be distributed to the East Baton Rouge Parish School Board, the East Baton Rouge City-Parish Government, the town of Zachary, the city of Baker and the East Baton Rouge Parish Recreation Commission in proportion to the ad valorem taxes collected by or reimbursed to each and sales taxes collected by each in the twelve-month period ending June 30, 1974, and every subsequent twelve-month period. However, twenty thousand dollars of such excess funds shall be dedicated to each of the following volunteer fire departments: Pride, Sharon Hills, Central, Brownsfield and East Side. (16) In the parish of Calcasieu, thirty-three and one-third percent thereof to the parish governing authority, thirty-three and one-third percent thereof to the parish school board, and thirty-three and one-third percent thereof to the incorporated municipalities in the parish, two thousand one hundred dollars to be distributed to each incorporated municipality and the balance thereof to be distributed to such incorporated municipalities pro rata on a population basis. (17) In the parish of Beauregard, forty percent thereof to the parish governing authority, thirty-five percent thereof to the parish school board, and twenty-five percent thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis. (18) In the parish of Morehouse, one-third thereof to the parish school board, one-third thereof to the parish governing authority, and one-third thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis. (19) In the parish of Grant, fifty percent thereof to the sheriff and fifty percent thereof to the parish governing authority. (20) In the parish of Lafourche, one hundred percent thereof to the parish governing authority, the first two hundred thousand dollars of which shall be used for existing parish roads. (21) In the parishes of Caldwell and LaSalle, one-third thereof to the parish governing authority, one-third thereof to the parish school board, and one-third thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis. Prior to the distribution of any excess funds in LaSalle Parish, one thousand dollars shall be disbursed to the Hardtner Medical Center, a publicly owned hospital, to be donated to the Medical Scholarship Fund, and five thousand dollars shall be disbursed to the LaSalle Association for Developmentally Delayed, however, none of these monies are to be used for salaries and provided that this amount is spent to directly assist the students, and the balance of the excess shall be distributed as provided above in this Paragraph. (22) In the parish of Rapides, the initial fifteen thousand dollars of such excess shall be paid over to the town of Ball, and the remainder of the excess shall be divided as follows: thirty-three and one-third percent thereof to the parish governing authority, thirty-three and one-third percent thereof to the parish school board, and thirty-three and one-third percent thereof to the incorporated municipalities pro rata on a population basis. (23) In the parish of Vermilion, sixty percent to the sheriff and forty percent to the Vermilion Parish assessor. (24) In the parish of Red River, the initial distribution shall be two thousand five hundred dollars to the National Guard Armory located in said parish and the balance of the excess shall be distributed as provided in Subsections A, B and C of this Section. (25) In the parish of Assumption, the first twenty thousand dollars of excess shall be distributed to the Assumption Parish Assessor, with the residual being distributed as provided in Subsections A, B, and C of this Section. E. In the parishes of Allen and Cameron, such excess amounts shall not be expended until the parish or expending authority or agency has received the approval of a majority of the legislative delegation representing the parish, the senators and representatives each having an equal vote, provided that if there is a tie vote, the parish or expending authority or agency shall have one vote in order to break the tie vote. F. In order to provide flexibility in the use of excess funds, no excess funds shall be distributed to any recipient by the tax collector of the parish of Evangeline as provided in Section 10 of this Act until approval of such distribution of excess funds to each recipient thereof has been granted by the member or members of the House of Representatives and the Senate who represent the parish in the legislature. Such approval shall be requested by the chief executive officer of the recipient body who shall submit to the respective members of the legislature a written request for such excess funds, such written request to contain the amount of excess funds requested and the purpose for which they will be expended. Upon receipt, but only upon receipt, by the tax collector of the written approval of such a request from each of the members of the legislature who represent the parish, the tax collector of the parish shall make the distribution requested provided that such distribution is in compliance with the provisions of this Act and particularly other provisions of Section 10 hereof.
CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

* As it appears in the enrolled bill

Section 11. The parish governing authority shall have the power and authority to expend such excess funds received by it for any governmental purpose or function and may allocate and distribute any portion of such excess funds received by it to its tax recipient bodies, sheriff, other taxing districts, incorporated municipalities, and other public officials. Section 12. In accordance with the provisions of this Act, the amount to be distributed to each parish and to the city of New Orleans during the Fiscal Year 2008-2009 shall be as follows: PARISH ACADIA ALLEN ASCENSION ASSUMPTION AVOYELLES BEAUREGARD BIENVILLE BOSSIER CADDO CALCASIEU CALDWELL CAMERON CATAHOULA CLAIBORNE CONCORDIA DESOTO EAST BATON ROUGE EAST CARROLL EAST FELICIANA EVANGELINE FRANKLIN GRANT IBERIA IBERVILLE JACKSON JEFFERSON JEFFERSON DAVIS LAFAYETTE LAFOURCHE LASALLE LINCOLN LIVINGSTON MADISON MOREHOUSE NATCHITOCHES ORLEANS OUACHITA PLAQUEMINES POINTE COUPEE RAPIDES RED RIVER RICHLAND SABINE ST. BERNARD ST. CHARLES ST. HELENA ST. JAMES ST. JOHN ST. LANDRY ST. MARTIN ST. MARY ST. TAMMANY TANGIPAHOA TENSAS TERREBONNE UNION VERMILION VERNON WASHINGTON WEBSTER WEST BATON ROUGE WEST CARROLL WEST FELICIANA WINN TOTAL Total Due FY 2008-2009 $ 1,258,249 537,577 2,124,507 491,309 922,534 720,169 320,837 2,248,788 5,130,478 3,911,829 235,339 178,603 239,000 351,038 424,857 569,173 8,763,797 164,263 444,878 750,066 450,659 427,831 1,569,336 678,108 326,127 8,885,780 649,375 4,347,213 1,973,387 316,086 870,470 2,432,843 236,950 610,342 818,250 4,860,892 3,066,402 433,688 498,785 2,745,350 196,659 428,520 510,010 622,251 1,061,364 228,112 462,758 984,437 1,855,767 1,094,198 1,082,843 4,958,298 2,342,645 126,002 2,244,826 480,544 1,179,455 972,570 955,977 889,345 466,556 248,828 290,497 332,373 $90,000,000 Sheriff’s Fund $ 148,826 73,764 128,064 86,940 126,068 84,045 59,490 170,186 547,990 471,031 47,213 49,708 46,714 54,200 72,866 54,599 710,490 44,218 48,810 72,866 72,965 61,287 221,691 138,844 65,180 1,328,749 69,172 307,533 192,445 54,699 72,566 167,591 44,218 99,916 107,003 0 273,096 143,336 63,982 324,402 42,023 65,379 68,374 346,062 105,805 44,518 92,629 118,182 273,496 111,894 189,151 274,693 276,790 34,237 222,889 58,891 121,775 162,401 134,652 106,603 74,563 46,315 40,326 63,183 $9,981,594 Retirement Contribution $ 21,428 9,722 20,159 8,166 16,598 11,932 8,289 46,684 212,339 123,842 6,529 8,187 6,201 6,672 9,947 7,143 245,126 6,774 4,871 10,745 15,493 7,307 37,802 16,578 10,131 283,582 15,677 58,186 40,073 7,143 18,870 27,057 8,207 18,563 15,862 0 65,493 25,399 8,637 76,770 3,009 13,979 10,581 61,501 19,627 5,956 15,534 14,408 41,199 12,812 37,372 49,038 38,129 5,444 44,515 8,371 20,548 22,759 18,870 23,148 10,561 9,537 3,848 7,716 $ 2,046,646

granting of additional sums due any recipient in advance upon a showing that the advance receipt of such funds is reasonably necessary. If the state treasurer does not distribute said fund on or before the dates specified in this Act, any interest or other income derived by the state from the parish allocations, earned prior to the distribution to the parishes, shall be paid over a pro rata basis together with the principal amounts due the parishes under the provisions of this Act. Any interest or other income derived by the parish tax collector or the city of New Orleans from the investment or other use of such total parish allocations received from the state treasurer, earned prior to the distributions within the parish as required by the foregoing provisions of this Act, shall be paid over a pro rata basis together with the principal amounts due the local recipients under the provisions of this Act upon distribution thereto, and the parish tax collectors or the city of New Orleans may retain only investment income earned on that portion of the total parish allocation to which they are otherwise entitled under the provisions of this Act. In light of the fact that all assessment roll figures will not be available in time to base the December distribution by the treasurer on current figures, the distribution of funds on the first day of December pursuant to this Act shall be based on the distribution figures for Fiscal Year 2007-2008. The remaining two distributions on the fifteenth day of March and the fifteenth day of May shall be based on current figures for Fiscal Year 2008-2009, and such distributions shall be adjusted to compensate for the differences resulting in the use of the Fiscal Year 2007-2008 figures for the December distribution. Section 14. On or before such date as shall be established by the state treasurer, each tax collector, the city of New Orleans, and the city treasurer of the city of Monroe annually shall file with the state treasurer, on such forms as the state treasurer may require, all information necessary to the computation of the funds to be distributed within the parishes, including, but not limited to, a listing of all such local entities seeking eligibility for funds as a tax recipient body under the qualifications set out in Section 1(a), all new millages of such tax recipient bodies as are listed in Section 9(B), and all remaining authorities on the tax rolls which are otherwise ineligible to participate in the distribution of revenue sharing funds as tax recipient bodies. The listing shall include such verification for eligibility as may be required by the state treasurer and, notwithstanding the provisions of Section 12 hereof, no revenue sharing funds shall be distributed prior to receipt and acceptance by the state treasurer of such information and verification. The same authorities shall in the same manner submit to the state treasurer a statement of the amount of revenue sharing funds distributed to each recipient of such funds, including the amount deducted for sheriffs’ commissions and for retirement system contributions and shall state clearly on such forms the amount of the distribution to each such recipient which is derived from excess funds and the amount of such distribution which represents reimbursement for tax losses by reasons of the homestead exemption. Such statement shall also include the amount of any revenue sharing funds which remain to be distributed and the recipients to which such remaining funds will be distributed. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 847 --HOUSE BILL NO. 1335 BY REPRESENTATIVE DOERGE AN ACT To enact Chapter 5-R of Title 25 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 25:380.151 through 380.156, and R.S. 36:744(BB) and 801.21, to create the Germantown Colony Museum in the Department of State; to provide relative to the governing authority of the museum including its composition, powers, duties, responsibilities, meetings, and officers; to provide for the adoption of rules and regulations including fees; to provide for receipt and use of funds and property; to provide relative to the authority of the secretary of state and the Department of State with respect to the museum; to provide relative to personnel and budgets of the museum; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. Chapter 5-R of Title 25 of the Louisiana Revised Statutes of 1950, comprised of R.S. 25:380.151 through 380.156, is hereby enacted to read as follows: CHAPTER 5-R. GERMANTOWN COLONY MUSEUM §380.151. Establishment and location; purpose and use A. The Germantown Colony Museum is established as a facility in the parish of Webster, under the overall jurisdiction of the Department of State as more specifically provided in this Chapter and in R.S. 36:801.21. B. The Germantown Colony Museum shall be a historical, cultural, scientific, and technological educational institution whose primary purpose shall be to research, collect, preserve, and present, as an educational resource, the pictures and photographs, documents, artifacts, objects of art, and the like that reflect the social, cultural, and economic history and development of the Germantown Colony, the city of Minden, Webster Parish, and northwest Louisiana. §380.152. Governing board; creation; domicile; appointment and compensation of members THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 493

Section 13. The state treasurer shall distribute one-third of the total amount herein allocated to the parishes from the revenue sharing fund to the parish tax collector, or in Orleans Parish to the city of New Orleans, not later than the first day of December in each year, one-third thereof not later than the fifteenth day of March in each year and one-third thereof not later than the fifteenth day of May in each year, and each one-third of the total allocation shall be distributed in accordance with the provisions of Sections 6, 7, 9, and 10 of this Act; however, the legislative auditor may authorize the * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

A. The governing board of the Germantown Colony Museum is hereby created in the Department of State. B. The domicile of the board shall be in the parish of Webster. C. The board shall be comprised of the following members: (1) Eight members who have a knowledge of and an interest in the purposes of the museum shall be appointed by the secretary of state to serve four-year terms concurrent with the governor. (2) The secretary of state or his designee shall be an ex officio member of the board. D. Each member shall serve until his successor is appointed and takes office. E. Each appointment made by the secretary of state shall be subject to confirmation by the Senate. F. Members of the board shall serve without compensation. §380.153. Duties and powers of the board A. A majority of the board shall constitute a quorum for the transaction of official business. All official actions of the board shall require the affirmative vote of a majority of the members present and voting. B. The board shall: (1) Meet at least once each quarter at the call of the board chairman. (2)(a) Create an executive committee consisting of the chairman and vice chairman of the board and such other board members as the board may determine. (b) A majority of the members of the committee shall constitute a quorum for the transaction of business. However, when the board has delegated to the committee full power to act with respect to a matter, affirmative action by a majority of the entire committee membership shall be required. (c) The committee shall meet at the call of the board chairman. (d) The committee shall consider such matters as are referred to it by the board. It shall execute such orders and resolutions as shall be assigned to it at any meeting of the board, and it shall also take such action as is necessary when an emergency requiring immediate action arises during the interim between board meetings. All acts of the committee shall be submitted to the board for ratification or rejection at its next meeting except in matters in which the board has delegated to the committee full power to act. (3) Adopt bylaws and establish policies and procedures for the museum’s governance, including but not limited to provisions for the following: (a) The election and responsibilities of the officers of the board, including a chairman and vice chairman, who shall serve terms of two years. (b) The selection, term, and responsibilities of advisors to the board. The board may appoint not more than five advisors who shall serve without compensation. (c) The appointment, duties, and functions of standing and special committees of the board, including the appointment of nonboard members to such committees and their functions. (4) Establish, in accordance with the Administrative Procedure Act, policies, rules, and regulations for the operation of the museum, including setting and charging admission and tour fees and user or rental fees to any or all museum buildings and exhibits. Such user or rental fees shall reflect the actual costs of maintenance of the space rented and the market rates for comparable space in the locality of the space rented. (5) Advise the secretary of state on all matters relating to the operations of the Germantown Colony Museum. (6) Establish and use an identifying seal pertaining to museum business. (7) Perform such other functions as are otherwise provided by this Chapter and R.S. 36:801.21. C. The board may: THE ADVOCATE PAGE 494

(1) Individually, or in cooperation with any subject to compliance with the provisions of this nonprofit corporation established to support the Subsection. Germantown Colony Museum, seek funds from (2)(a) At least once each week for two consecutive any source, public or private, to support programs weeks, the board shall cause to be published in of the museum and expand such funds for such at least one newspaper of general circulation in purpose. the parish of Webster a notice and listing of the (2) Contract with consulting experts in the fields property. of museum administration and conservation of (b) The notice shall contain: artifacts, video recordings, motion picture film, (i) The name and last known address, if any, pictures and photographs, books and papers, of the last known owner or depositor of the and decorative arts, and with appraisers, property. buying agents, designers, engineers, attorneys, (ii) A description of the property. accountants, construction, and financial experts, (iii) A statement that if proof of claim is not and other such persons as may be necessary to presented by the claimant to the board and if carry out the purposes of the museum. the claimant’s right to receive such property is (3) Authorize reports and recommendations not established to the satisfaction of the board which include the issuance, publication, or within sixty-five days from the date of the second distribution of general information documents or published notice, the property will be deemed to pamphlets which are published on a regular basis be abandoned and shall become the property of and are generally known as newsletters. the Germantown Colony Museum. §380.154. Operating funds; appropriations by (3) If no valid claim has been made to the the legislature property within sixty-five days from the date of A.(1) The Department of State shall include in the second published notice, title to the property its annual budget request, required by R.S. 39:32, shall vest in the Germantown Colony Museum a request for funds necessary for support of the free from all claims. Germantown Colony Museum. The governor shall §380.156. Use of collections include in the executive budget submitted to the Any collection of the Germantown Colony legislature sufficient funding for the support of Museum may, subject to approval of the board, operations of the museum. be lent in part. The board shall ensure proper (2) The board, with the approval of the secretary safeguards for its maintenance and return of state, shall employ, appoint, remove, and fix and shall ensure that proper records are kept. the term, compensation, and responsibilities The collections shall be available for use in of a museum chief administrative officer and a educational projects, subject to the approval of museum director. The museum director may also the board. serve as the museum chief administrative officer. Section 2. R.S. 36:744(BB) and 801.21 are hereby B. Funds appropriated by the legislature to enacted to read as follows: the Department of State for operation of the §744. Transfer of boards, commissions, and Germantown Colony Museum shall be used solely agencies to the Department of State for that purpose. No administrative costs of * * * any kind shall be charged by the Department of BB. The Germantown Colony Museum (R.S. State for any services associated with placement 25:380.151 et seq.) and its governing board are of the museum within the jurisdiction of the placed within the Department of State as provided department. in R.S. 36:801.21. §380.155. Donations and loans; disposition of * * * property §801.21. Governing board of the Germantown A. The Department of State and the board, Colony Museum jointly or separately, may solicit and accept A.(1) The Germantown Colony Museum is hereby funds, governmental grants, donations, and placed within the Department of State, subject contributions of lands, buildings, monies, to the provisions of this Section and Chapter 5-R artifacts, relics, video recordings, motion picture of Title 25 of the Louisiana Revised Statutes of films, books and papers, pictures and photographs, 1950. documents, works of art, or other property on (2) The governing board of the Germantown behalf of and as additions to the Germantown Colony Museum is hereby placed within the Colony Museum either in the form of loans or in Department of State and shall exercise all powers, the form of donations inter vivos or mortis causa, duties, functions, and responsibilities provided and the Department of State may acquire them or authorized for it by law which are in the by purchase, lease, or otherwise, subject to the nature of policymaking, rulemaking, regulation, terms, conditions, or limitations contained in the enforcement, or adjudication. The board instrument by which such property is acquired. shall exercise all advisory powers, duties, and However, the board may enter into any and all functions provided for it by law. The board shall contracts with any person, lender, or donor that it administer and implement all programs provided may deem fit, proper, and necessary to accept and or authorized by law for it or for the Germantown receive such lands, buildings, monies, artifacts, Colony Museum. The board shall exercise the relics, video recordings, motion picture films, powers, duties, functions, and responsibilities books and papers, pictures and photographs, and shall administer and implement the programs documents, works of art, or other property on authorized by this Section independently of the behalf of and as additions to the Germantown secretary, except as otherwise provided in this Colony Museum. The museum may serve as the Section. The board shall be responsible for the beneficiary of any public trust heretofore or performance and administration of its day-tohereafter created for such purpose pursuant to day operations, except that the secretary of state the provisions of R.S. 9:2341 et seq. shall be responsible for those matters which B. The board is granted the authority of are in the nature of capital outlay, accounting, deaccession with respect to any collection of payroll, budget control, procurement, data the Germantown Colony Museum and, for such processing, and personnel management and shall purpose, is exempted from laws relative to the have the authority to transfer or implement any sale or disposal of surplus property. The board or all of said functions through the secretary shall establish policies and procedures necessary and the department. Except as provided in to carry out this authority in an orderly manner. R.S. 25:380.154(A)(2), the secretary of state C.(1) Any property which has been deposited shall employ, appoint, fix the compensation of, with the Germantown Colony Museum, by loan or remove, assign, and promote such personnel as is otherwise, and which has been held by the museum necessary for the efficient administration of the for more than ten years, and to which no person museum in accordance with civil service laws, has made claim shall be deemed to be abandoned rules, and regulations. and, notwithstanding the provisions of Chapter B. Nothing in this Section shall authorize 1 of Title XII of Book III of the Louisiana Civil monies, property, or personnel budgeted or Code, shall become the property of the museum, assigned to the board or to the museum to be * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored
(House Bills) and underscored and boldfaced (Senate Bills) are additions.

transferred to or to be used by the department without prior approval of the board. C. The board may solicit and accept gifts and donations for the purposes of the Germantown Colony Museum. Any funds so accepted may be expended by the board or by the Department of State as otherwise provided by law. D.(1) The provisions of R.S. 36:810 and 811 shall be applicable to the museum and its governing board placed within the Department of State by this Section. (2) No records, books, or papers stored in the museum vault or on museum premises shall be removed or transferred from the museum without the approval of the governing board. Section 3.A. No action shall be taken under the provisions of this Act until all debts or other obligations which are secured by or otherwise encumber any property to be transferred to the Department of State have been paid or otherwise removed from such property. B. If the conditions provided in Subsection A of this Section are not met within four years after the effective date of this Act, this Act shall be null and void and of no effect. Section 4. This Act shall become effective on July 1, 2008; if vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on July 1, 2008, or on the day following such approval by the legislature, whichever is later. This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State -------ACT No. 848 --HOUSE BILL NO. 1356 (Substitute for House Bill No. 986 by Representative Abramson) BY REPRESENTATIVE ABRAMSON AN ACT To amend and reenact R.S. 9:5685, relative to the prescription of liens, privileges, and judgments; to provide for a ten-year prescriptive period for all liens, privileges, and judgments, including the effect of recordation, in favor of the state, its agencies, and all political subdivisions thereof; to provide for reinscription; to provide for definitions; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 9:5685 is hereby amended and reenacted to read as follows: §5685. Prescription against the state A. All judgments in favor of the state against all persons and the effect of recordation thereof shall be prescribed by the lapse of ten years from the date of the signing of the judgment if rendered by a trial court or from its rendition if rendered by an appellate court. Nevertheless, only a political subdivision or municipality, as defined in Louisiana Constitution Article VI, Section 44, may reinscribe the judgment as provided by law. B. All liens and privileges in favor of the state securing a claim and the effect of recordation thereof shall be prescribed by the lapse of ten years from the date of recordation of such privilege or lien or by the lapse of a shorter prescriptive period applicable to the claim secured by the lien or privilege. Nevertheless, the liens and privileges may be reinscribed only by a political subdivision or municipality, as defined in Louisiana Constitution Article VI, Section 44, in the same manner as an instrument creating a mortgage in accordance with Civil Code Article 3362. C. As used in Subsections A and B of this Section, “state” shall include departments, agencies, and political subdivisions of the state. “Political subdivision” shall have the same meaning as

provided in Louisiana Constitution Article VI, Section 44(2), and “municipality” as used in that definition shall have the same meaning as provided in Louisiana Constitution Article VI, Section 44(3). Approved by the Governor, July 8, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 849 --HOUSE BILL NO. 1375 (Substitute for House Bill No. 1348 by Representative Girod Jackson) BY REPRESENTATIVE GIROD JACKSON AND SENATORS ALARIO, CRAVINS, DORSEY, DUPLESSIS, DUPRE, B. GAUTREAUX, N. GAUTREAUX, MURRAY, NEVERS, QUINN, AND THOMPSON AN ACT To enact R.S. 22:1425.1, relative to homeowner’s insurance; to authorize insurers that write homeowner’s insurance to provide a ten percent discount to active military personnel; to require the commissioner of insurance to adopt rules and regulations in accordance with the Administrative Procedure Act; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 22:1425.1 is hereby enacted to read as follows: §1425.1. Military personnel premium discount for homeowner’s insurance A. Beginning August 1, 2008, and thereafter, every homeowner’s insurerauthorized to transact business in this state and offering homeowner’s coverage in this state may provide to active military personnel based in this state a discount of ten percent of the premium on any homeowner’s insurance policy purchased in this state to cover immovable property owned by such military personnel. B. The commissioner of insurance shall adopt rules and regulations, in accordance with the Administrative Procedure Act, to implement the provisions of this Section. The rules and regulations shall include and not be limited to the following: (1) Provisions defining and delineating active military personnel who may receive the discount. (2) Recordkeeping requirements for the insurer. (3) Other such provisions necessary for the proper implementation of this Section. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 850 --HOUSE BILL NO. 1384 (Substitute for House Bill No. 1268 by Representative Marchand) BY REPRESENTATIVE MARCHAND AN ACT To amend and reenact R.S. 37:1271 and to enact R.S. 37:1262(4) and 1276.1, relative to the practice of telemedicine; to require a license to practice telemedicine; to make certain requirements of persons practicing telemedicine; to provide for a definition of telemedicine; to require the Louisiana State Board of Medical Examiners to issue a license to practice telemedicine to certain physicians; to require the promulgation of rules; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 37:1271 is hereby amended and reenacted and R.S. 37:1262(4) and 1276.1 are hereby enacted to read as follows: §1262. Definition * As it appears in the enrolled bill

As used in this Part the following words and phrases shall have the meanings ascribed to them: * * * (4) “Telemedicine” means the practice of health care delivery, diagnosis, consultation, treatment, and transfer of medical data using interactive telecommunication technology that enables a health care practitioner and a patient at two locations separated by distance to interact via two-way video and audio transmissions simultaneously. Neither a telephone conversation nor an electronic mail message between a health care practitioner and patient, or a true consultation as may be defined by rules promulgated by the board pursuant to the Administrative Procedure Act, constitutes telemedicine for the purposes of this Part. * * * §1271. License to practice medicine or telemedicine required A. No person shall practice medicine as defined herein until he possesses a duly recorded license issued under this Part or a permit or registration as provided for herein. B.(1) No person shall practice or attempt to practice medicine across state lines without first complying with the provisions of this Part and without being a holder of either an unrestricted license to practice medicine in Louisiana or a telemedicine license entitling him to practice medicine pursuant to R.S. 37:1276.1. (2) Any person authorized by the board to practice telemedicine as defined in this Part shall ensure that a licensed health care professional who can adequately and accurately assist with any of the requirements listed in R.S. 37:1276.1(B)(2) is in the examination room with the patient at the time such patient is receiving telemedicine services. The board shall promulgate rules in accordance with the Administrative Procedure Act to establish what type of health care professional is necessary and appropriate under the circumstances. * * * §1276.1. Telemedicine license A. The board shall issue a telemedicine license to allow the practice of medicine across state lines to an applicant who holds a full and unrestricted license to practice medicine in another state or territory of the United States. B. The board shall establish by rule in accordance with the Administrative Procedure Act the requirements for licensure under this Section provided the rules include the following: (1) The physician licensed under this Section shall not open an office in this state, shall not meet with patients in this state, and shall not receive calls in this state from patients. (2) The physician, when examining a patient by telemedicine, shall establish a bona fide physician-patient relationship by: (a) Conducting an appropriate examination of the patient as determined by the board. (b) Establishing a diagnosis through the use of accepted medical practices including but not limited to patient history, mental status, and appropriate diagnostic and laboratory testing. (c) Discussing with the patient any diagnosis as well as the risks and benefits of various treatment options. (d) Ensuring the availability for appropriate follow-up care. (e) Fulfilling any other requirements as deemed appropriate and necessary by the board. (3) The board may establish by rule additional qualifications, requirements, scope, and limitations of the use of telemedicine in this state as the board may deem appropriate. C. Any physician licensed to practice telemedicine in accordance with this Section shall be subject to the provisions of this Part, the jurisdiction of the board, applicable state law, and, with respect to providing medical services to state residents, to the jurisdiction of Louisiana courts. THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 495

CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

Section 2. The provisions of this Act shall become effective upon the final adoption of the necessary rules and regulations promulgated by the Louisiana State Board of Medical Examiners. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 851 --SENATE BILL NO. 16 BY SENATOR CRAVINS AN ACT To enact R.S. 32:863.2(F), relative to motor vehicle liability policies; to provide with respect to a database to determine compliance with the Motor Vehicle Safety Responsibility Law; to provide for the duration of maintaining the database; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 32:863.2(F) is hereby enacted to read as follows: §863.2. Notification of the cancellation or issuance of security; penalties; database development * * * F. (1) The secretary shall formulate criteria to develop and initiate a request for proposals to procure and implement a real-time system to quickly and accurately identify and verify the existence of motor vehicle insurance or other security required in compliance with the Motor Vehicle Safety Responsibility Law using advanced telecommunications and computer technology. (2) The criteria established by the secretary shall be developed only after consulting with an advisory group consisting of the commissioner of insurance or his designee, the superintendent of state police or his designee, the executive director of the Louisiana Highway Safety Commission or his designee, and five additional members, one representing the American Insurance Association, one representing the Property Casualty Insurance Association of America, one selected from a list of names submitted by the three insurers with the largest market share of automobile insurance in Louisiana, one from the Louisiana Association of Fire and Casualty Companies, and one from the Louisiana Independent Agents Association. (3) The request for proposal shall require participants to develop a system that allows real-time access to state and local law enforcement officials allowing them to obtain the status of the existence of motor vehicle insurance or other security required in this state as provided in the Motor Vehicle Safety Responsibility Law. (4) The system developed pursuant to this Subsection may initially be implemented by the secretary as a six-month pilot program to be developed and implemented statewide upon expiration of the sixmonth period. (5) The secretary shall require such information as may be necessary from automobile insurers or their representatives and the state treasurer as is needed to assist the contractor in developing the system as such relates to the cancellation or issuance of motor vehicle liability security or deposit of sufficient security with the state treasurer in order to operate a motor vehicle in this state. (6) The secretary shall promulgate rules and regulations to implement the provisions of this Subsection. Section 2. This Act shall become effective upon signature of 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. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------THE ADVOCATE PAGE 496

ACT No. 852 --SENATE BILL NO. 42 BY SENATORS B. GAUTREAUX AND NEVERS AND REPRESENTATIVE ROBIDEAUX AN ACT To amend and reenact R.S. 11:102(B)(3)(introductory paragraph) and (d)(introductory paragraph), (i), (ii), (iii), and (iv) and to enact R.S. 11:102(B)(3)(d)(viii), relative to employer contributions for the State Police Pension and Retirement System; to provide for the annual amortization payments to the system; to specify that the amortization period for certain changes, gains, and losses shall be thirty years from the year in which the change, gain, or loss occurs; to provide for amortization of outstanding balances of previously established amortization bases; to provide for level dollar payments; to provide for an effective date; and to provide for related matters. Notice of intention to introduce this Act has been published. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 11:102(B)(3)(introductory paragraph) and (d)(introductory paragraph), (i), (ii), (iii), and (iv) are hereby amended and reenacted and R.S. 11:102(B)(3)(d)(viii) is hereby enacted to read as follows: §102. Employer contributions; determination; state systems * * * B. * * * (3) With respect to each state public retirement system referenced in Subsection A of this Section, the actuarially required employer contribution for each fiscal year, commencing with Fiscal Year 1989-1990, shall be that dollar amount equal to the sum of: * * * (d) That fiscal year’s payment, computed as of the first of that fiscal year and projected to the middle of that fiscal year at the actuarially assumed interest rate, necessary, to amortize changes in actuarial liability due to: (i) Except as provided in Items (v), (vi), and (vii), and (viii) of this Subparagraph, actuarial gains and losses, if appropriate for the funding method used by the system as specified in R.S. 11:22, for each fiscal year beginning after June 30, 1988, such payments to be computed as an amount forming an annuity increasing at four and onehalf percent annually over the later of a period of fifteen years from the year of occurrence or by the year 2029, such gains and losses to include any increases in actuarial liability due to governing authority granted cost-of-living increases. (ii) Except as provided in Items (v), (vi), and (vii), and (viii) of this Subparagraph, changes in the method of valuing of assets, such payments to be computed as an amount forming an annuity increasing at four and one-half percent annually over the later of a period of fifteen years from the year of occurrence of the change or by the year 2029. (iii) Except as provided in Items (v), (vi), and (vii), and (viii) of this Subparagraph, changes in actuarial assumptions or actuarial funding methods, excluding changes in methods of valuing of assets, such payments to be computed as an amount forming an annuity increasing at four and one-half percent annually over the later of a period of thirty years from the year of occurrence of the change or by the year 2029. (iv) Except as provided in Items (v), (vi), and (vii), and (viii) of this Subparagraph, changes in actuarial accrued liability, computed using the actuarial funding method as specified in R.S. 11:22, due to legislation changing plan provisions, such payments to be computed in the manner and over the time period specified in the legislation creating the change or, if not specified in such legislation, as an amount forming an annuity increasing at four and one-half percent annually over the later of a period of fifteen years from the * As it appears in the enrolled bill

year of occurrence of the change or by the year 2029. * * * (viii) Effective July 1, 2009, and beginning with the fiscal year ending June 30, 1993, the amortization period for the changes, gains, or losses of the State Police Pension and Retirement System provided in Items (i) through (iv) of this Subparagraph shall be thirty years, or in accordance with standards promulgated by the Governmental Accounting Standards Board, from the year in which the change, gain, or loss occurred. The outstanding balances of amortization bases established pursuant to Items (i) through (iv) of this Subparagraph before the fiscal year ending June 30, 2009, shall be amortized as a level dollar amount from July 1, 2009, through June 30, 2029. Beginning with the fiscal year ending June 30, 2009, and for each fiscal year thereafter, the outstanding balances of amortization bases established pursuant to Items (i) through (iv) of this Subparagraph shall be amortized as a level dollar amount. * * * Section 2. This Act shall become effective on July 1, 2008; if vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on July 1, 2008, or on the day following such approval by the legislature, whichever is later. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 853 --SENATE BILL NO. 78 BY SENATOR HEBERT AN ACT To amend and reenact R.S. 11:1530(A)(3), relative to the Clerks’ of Court Retirement and Relief Fund; to provide for eligibility to participate in the Deferred Retirement Option Plan; to make such eligibility concurrent with eligibility for retirement; to provide for an effective date; and to provide for related matters. Notice of intention to introduce this Act has been published. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 11:1530(A)(3) is hereby amended and reenacted to read as follows: §1530. Deferred Retirement Option Plan A. * * * (3) In lieu of terminating employment and accepting a regular retirement allowance pursuant to R.S. 11:1521, any member who has been an active contributing member for one full year after becoming is eligible for a service retirement allowance under R.S. 11:1521 may elect to participate in the Deferred Retirement Option Plan and defer the receipt of benefits under the provisions of this Section. * * * Section 2. This Act shall become effective on July 1, 2008; if vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on July 1, 2008, or on the day following such approval by the legislature, whichever is later. This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State --------

CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

ACT No. 854 --SENATE BILL NO. 160 BY SENATORS CRAVINS, LAFLEUR, LONG, MORRISH AND QUINN AN ACT To enact R.S. 22:635.3(D), (E), and (F) and 636.2(E), (F), and (G), relative to homeowner’s insurance; to provide for changes in homeowners insurance policy deductibles for named storms or hurricanes; to provide for premium quotes involving homeowner’s policies and policy deductibles; to provide for application of deductibles in the event of a loss; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 22:635.3(D), (E), and (F) and 636.2(E), (F), and (G) are hereby enacted to read as follows: §635.3. Homeowner’s insurance; insurer’s nonrenewal without cause; inclusion in insured’s file prohibited; certain prohibitions * * * D. Notwithstanding the provisions of Subsection C of this Section, an insurer may make a filing with the commissioner pursuant to R. S. 22:1407 for authorization to deviate from the provisions of Subsection C of this Section for the sole purpose of changing the policy deductible to a total deductible of not more than four percent of the value of the property being insured for named storms or hurricanes on a homeowner’s policy of insurance that has been in effect for more than three years. Any insurer filing with the commissioner pursuant to this Subsection shall file with the commissioner a business plan setting forth the insurer’s plan to write new business in the particular region or area of the state in which the new deductible is to apply. The commissioner’s approval is to be based on the insurer’s commitment to the writing of new business in the respective region or area of the state in which the new deductible is to apply. The commissioner may also approve a filing that he determines to be in the best interest of the policyholders. The commissioner may subsequently rescind his approval of any filing made pursuant to this Subsection in the event the insurer fails to write new business in accordance with the business plan. Any business plan filed shall be considered proprietary or trade secret pursuant to information under the provisions of R.S. 44:3.2 and the Uniform Secrets Act. The commissioner shall provide an annual report to the legislative committees on insurance on the application and effectiveness of the provisions of this Section. The commissioner shall promulgate regulations pursuant to the Administrative Procedure Act setting forth the criteria for the filing, including any financial or other requirements that he deems necessary to act on the request by an insurer. Any regulation promulgated by the commissioner pursuant to this Subsection shall require the insurer to itemize to the insured the premium savings based on the increase in the insured’s deductible. E. No homeowner’s policy of insurance shall contain any provision that would apply more than one deductible to a loss resulting from any single incident covered by the policy. Any such provision shall be null and void and unenforceable as contrary to public policy. F. Any company which makes a filing pursuant to Subsection D of this Section shall reduce the rates paid by the individual homeowner by the amount determined to be actuarially justified by the commissioner. * * * §636.2. Property, casualty, and liability insurance policies; cancellation and nonrenewal provisions; nonrenewal for rate inadequacy; certain prohibitions * * * E. Notwithstanding the provisions of Subsection D of this Section, an insurer may make a filing with the commissioner pursuant to R.S. 22:1407 for authorization to deviate from the provisions of Subsection D of this Section for the sole purpose of

changing the policy deductible to a total deductible of not more than four percent of the value of the property being insured for named storms or hurricanes on a homeowner’s policy of insurance that has been in effect for more than three years. Any insurer filing with the commissioner pursuant to this Subsection shall file with the commissioner a business plan setting forth the insurer’s plan to write new business in the particular region or area of the state in which the new deductible is to apply. The commissioner’s approval is to be based on the insurer’s commitment to the writing of new business in the respective region or area of the state in which the new deductible is to apply. The commissioner may also approve a filing that he determines to be in the best interest of the policyholders. The commissioner may subsequently rescind his approval of any filing made pursuant to this Subsection in the event the insurer fails to write new business in accordance with the business plan. Any business plan filed shall be considered proprietary or trade secret pursuant to information under the provisions of R.S. 44:3.2 and the Uniform Secrets Act. The commissioner shall provide an annual report to the legislative committees on insurance on the application and effectiveness of the provisions of this Section. The commissioner shall promulgate regulations pursuant to the Administrative Procedure Act setting forth the criteria for the filing, including any financial or other requirements that he deems necessary to act on the request by an insurer. Any regulation promulgated by the commissioner pursuant to this Subsection shall require the insurer to itemize to the insured the premium savings based on the increase in the insured’s deductible. F. No homeowner’s policy of insurance shall contain any provision that would apply more than one deductible to a loss resulting from any single incident covered by the policy. Any such provision shall be null and void and unenforceable as contrary to public policy. G. Any company which makes a filing pursuant to Subsection E of this Section shall reduce the rates paid by the individual homeowner by the amount determined to be actuarially justified by the commissioner. Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 855 --SENATE BILL NO. 179 BY SENATOR QUINN AN ACT To amend and reenact Civil Code Article 2339, relative to community property; to provide relative to the fruits and revenues of separate property; to provide for reservation as separate property; to provide certain terms, conditions, procedures, requirements and effects; to provide for notice; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. Civil Code Article 2339 is hereby amended and reenacted to read as follows: Art. 2339. Fruits and revenues of separate property The natural and civil fruits of the separate property of a spouse, minerals produced from or attributable to a separate asset, and bonuses, delay rentals, royalties, and shut-in payments arising from mineral leases are community * As it appears in the enrolled bill

property. Nevertheless, a spouse may reserve them as his separate property as provided in this Article. a A spouse may reserve them as his separate property by a declaration made in an authentic act or in an act under private signature duly acknowledged. A copy of the declaration shall be provided to the other spouse prior to filing of the declaration. As to the fruits and revenues of immovables, the declaration is effective when a copy is provided to the other spouse and the declaration is filed for registry in the conveyance records of the parish in which the immovable property is located. As to fruits of movables, the declaration is effective when a copy is provided to the other spouse and the declaration is filed for registry in the conveyance records of the parish in which the declarant is domiciled. Section 2. The provisions of this Act shall be given prospective application only and shall not apply to a declaration filed prior to the effective date of this Act. Approved by the Governor, July 8, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 856 --SENATE BILL NO. 285 BY SENATOR DUPLESSIS AN ACT To amend and reenact R.S. 35:1, 191(A)(1) and (2), (C) and (E), 199(A)(2)(b), and 201(A)(1) and (B) and to enact R.S. 35:2(C), 191.3(A) and (B), and 201(C), and to repeal R.S. 44:184.2, relative to notaries public and issuance of notary public commissions; to provide relative to qualifications, administration and procedures; to provide terms and conditions; to provide for recordation of acts affecting immovable property in the parish of Orleans; to provide for an effective date; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 35:1, 191(A)(1) and (2), (C) and (E), 199(A)(2)(b), and 201(A)(1) and (B) are hereby amended and reenacted and R.S. 35:2(C), 191.3(A) and (B), and 201(C) are hereby enacted to read as follows: §1. Appointment of notaries public The governor may appoint, by and with the advice and consent of the Senate, and upon a certificate of competency by the appropriate district court as provided in R.S. 35:191(C)(2)(d), their meeting the qualifications for office provided for in this Title, notaries public in the different parishes. * * * §2. General powers; administration of certain oaths in any parish A. * * * C. Every qualified notary public is authorized to certify true copies of any authentic act or any instrument under private signature hereafter or heretofore passed before him or acknowledged before him, and to make and certify copies, by any method, of any certificate, research, resolution, survey or other document annexed to the original of any authentic acts passed before him, and may certify such copies as true copies of the original document attached to the original passed before him. * * * §191. Appointment; qualifications; examination A.(1) Any resident citizen or alien of the state, eighteen years of age or older, person may be appointed a notary public in and for the parish in which he resides and in and for any one other parish in which he maintains an office, provided that he meets the requirements established by law for each parish in which he applies.: (a) Is a resident citizen or alien of this state. (b) Is eighteen years of age or older. THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 497

CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

(c) Reads, writes, speaks, and is sufficiently knowledgeable of the English language. (d) Is not under interdiction or incapable of serving as a notary because of mental infirmity. (e) Meets the requirements established by law for each commission sought. (2) Notwithstanding the provisions of Paragraph A(1) or Subsection C of this Section, a person validly appointed notary public in the parish of his residence may exercise any and all of the functions of a notary public in an adjacent parish which has a population of less than thirty-five thousand and in which he maintains an office, without additional bonding or further application or examination, but must shall file with the district court for the other parish office of the secretary of state an affidavit giving the location of his office and attesting to his appointment as a notary public in his parish of residence. Additionally, the applicant shall obtain a dual commission by complying with the procedures established by the office of the secretary of state. * * * C. Each applicant, otherwise qualified, may be appointed a notary public in and for a parish upon meeting all of the following conditions: (1)(a) Submitting an application to be appointed a notary public to the appropriate district court the office of the secretary of state together with a certificate establishing his age, residence, location of his office when the applicant seeks to be appointed a notary based on such office, and location of the office which was the basis for a current appointment as a notary in any other parish, if any., and a statement as to the applicant’s good moral character, integrity, competency, and sober habits, sworn to and subscribed by two reputable citizens of the parish. (b) The application and qualifying process shall be administered by the court for each parish through a parish application committee composed of two members appointed by the court. Each member of the committee shall be appointed to serve a term of two years beginning September 1, 2006, and every two years thereafter office of the secretary of state. (i) The application provided by the office of the secretary of state shall require the applicant to attest to his good moral character, integrity, and sober habits. (ii) In the event that any of the applicant’s answers or responses call into question the applicant’s good moral character, integrity, or sober habits, the secretary of state shall submit such application to the district court in the parish for which the appointment is sought for judicial review and approval. If found competent as to character and fitness to serve as a notary public, the court shall issue to the secretary of state an appropriate certificate for the applicant signed by a judge of the court. (iii) The application shall include the sworn statement of the applicant declaring the information provided therein is true and correct. (c) The court office of the secretary of state shall not charge any a fee in excess of thirty-five dollars for filing and processing any application, or petition, or both, to be appointed a notary public provided for in Subparagraph (C)(1)(a) of this Section. (d) The deadline for the application provided for in Subparagraph (C)(1)(a) of this Section and the application fee provided for in Subparagraph (C)(1)(c) or to register to take the exam as provided for in R.S. 35:191.1 shall be no later than sixty days prior to the date of the examination. (2)(a) Taking and passing a written examination, as provided in R. S. 35:191.1, administered by the secretary of state. (b)(i) The notary examination shall be given twice per year on the first Saturday of June and December. Should the scheduled Saturday be a state holiday, then the next non-holiday Saturday shall be the test date. (ii) To qualify to be examined, the candidate shall have satisfied all requirements to be THE ADVOCATE PAGE 498

commissioned as a notary public in the parish, except for passing the examination, and register with the parish application committee on a form provided by the secretary of state and have attached thereto the required examination fee. (iii) The qualified candidate shall be permitted to register for any notary public examinations administered by the secretary of state within one year after the date the parish application committee secretary of state notifies the candidate of his approval to take the examination. No further parish application fee shall be required during this period. The required examination fee, however, must shall be paid for each examination. (iv) The parish application committee shall notify the secretary of state of the number of applicants who have qualified and registered to be examined and forward the registration form and check for each candidate attached thereto not later than forty-five days prior to the date of the examination. (c) The secretary of state shall furnish to each parish application committee the results of the examinations for the examinees from the parish and shall notify each examinee of the results of his examination. (d) If found competent and possessed of the necessary qualifications, the court shall issue to the applicant an appropriate certificate, signed by a judge of the court. (e) The examination provided for in this Paragraph may shall be dispensed with by the court if the applicant has been duly admitted to practice law in this state or holds a valid notarial commission in this state. * * * E.(1) Notwithstanding any other provision of law to the contrary, any person who has been a validly appointed notary public held a valid notarial commission in or for any parish either for a period of five years or after taking and passing who has taken and passed the written examination, as provided in R.S. 35:191.1 on or after June 13, 2005, and who changes his residence to another parish, and in the parish of his new residence who complies with the laws governing application and qualifying for appointment to the office of notary public in said parish the parish of his new residence, except taking and passing an examination, and who meets the prerequisites for commission issuance specified in R.S. 35:201, shall be issued a notarial commission for the parish of his new residence by the governor without advice and consent of the Senate and may exercise the functions of notary public in that parish. (2) A notary who is establishing a residence in a parish other than the parish of his commission and who seeks a commission in the parish of the new residence shall be deemed to be validly commissioned in the parish of his former residence for a period of sixty days, during which time he shall meet all the qualifications for appointment in and for the parish of the new residence. Should such notary desire to remain commissioned in the original parish based on maintaining an office in that parish, he shall file an affidavit to that effect with the secretary of state designating the location of the office and shall otherwise comply with the requirements for maintaining a dual commission as provided for in this Section. * * * §191.3. Notary change of address; duty to register A. It shall be the duty of every notary public or other person authorized to exercise notarial functions in the state to whom the secretary of state has issued a notary identification number to notify the office of the secretary of state within sixty days after the date of any change in residential address, mailing address, or both. B. The secretary of state shall include notice of this requirement on its notary annual report form. * * * §199. Recordation of acts affecting immovable property * As it appears in the enrolled bill

A. Notaries public shall record all acts of sale, exchange, donation, and mortgage of immovable property passed before them, together with all resolutions, powers of attorney, and other documents annexed to or made part of the acts, in their proper order, and after first making a careful record of the acts in record books to be kept for that purpose as follows: * * * (2)(a) * * * (b) If the instrument is an act of sale or any other act evidencing a transfer of real property situated in the parish of Orleans, it shall be the duty of the notary to: (i) file File a copy of the instrument with the board of assessors for the parish of Orleans within fifteen days from the date of sale or transfer. Whenever there is annexed to such act any sketch, blueprint, or survey that forms part of the act, the copy filed with the board of assessors shall have attached a copy of the sketch, blueprint, or survey. (ii) Cause the act to be registered with the office of the clerk as the recorder for the parish of Orleans, within forty-eight hours after the passage of the act. * * * §201. Granting of commission; prerequisites A. Before the governor shall issue to the applicant a commission of notary public for any parish, he shall require of him the production of all of the following: (1) The certificate provided by R.S. 35:191(C)(2)(d) R.S. 35:191(C)(1)(b)(ii), if applicable. * * * B. Upon the issuing of the commission, all of the above shall be deposited in the office of the secretary of state and annexed in the margin of a book to be kept for that purpose by the secretary of state.; provided however, for the parish of Orleans, the secretary of state shall keep a book to be styled “The Notarial Book of Orleans Parish.” C. Notwithstanding any other provision of law to the contrary, an appointment to the office of notary public that requires the advice and consent of the Senate shall be an interim appointment subject to Senate confirmation as follows: (1) If the legislature is in regular session at the time the appointment is made, the secretary of state on behalf of the governor shall submit for Senate confirmation the name of a qualified appointee within forty-eight hours after the appointment is made. Failure of the Senate to confirm the appointment prior to the end of the session shall constitute a rejection of the appointment and the interim appointment shall terminate. (2) If the legislature is not in regular session at the time the appointment is made, the appointment shall expire at the end of the next regular session, unless the Senate confirms the appointment during that session. (3) Any person whose appointment is not confirmed by the Senate shall not be appointed to the office of notary public in any parish during any recess of the legislature. (4)(a) Notwithstanding any other provision of this Section to the contrary, if it is discovered prior to the time that the appointment is submitted to the Senate for confirmation that the interim appointee to hold the office for which a commission has been issued does not meet the qualifications for appointment, the secretary of state on behalf of the governor shall notify the appointee by certified mail that the appointee will not be submitted for Senate confirmation until the appointee meets the qualifications for appointment. The appointee shall thereafter exercise no notarial duties or functions until the appointee meets the qualifications for appointment. If the appointee fails to meet the qualifications for appointment and the appointment terminates or expires as provided in this Subsection, the commission shall be rescinded and the appointee shall surrender his commission to the secretary of state.

CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

(b) Notwithstanding any other provision of this Section to the contrary, if it is discovered after the appointment has been submitted to the Senate for confirmation, that the interim appointee to hold the office for which a commission has been issued does not meet the qualifications for appointment, the secretary of state on behalf of the governor shall notify the appointee by certified mail that the appointee does not meet the qualifications for appointment. The appointee shall thereafter exercise no notarial duties or functions until the appointee meets the qualifications for appointment. If the appointee fails to meet the qualifications for appointment and the appointment terminates or expires as provided herein, the commission shall be rescinded and the appointee shall surrender his commission to the secretary of state. Section 2. R.S. 44:184.2 is hereby repealed. Section 3. This Act shall become effective on August 15, 2008, but only in the event that sufficient monies are appropriated to fully fund the provisions of this Act in the Act introduced as House Bill No. 1 of the 2008 Regular Session of the Legislature. Approved by the Governor, July 8, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 857 --SENATE BILL NO. 288 BY SENATOR KOSTELKA AN ACT To amend and reenact R.S. 47:1835(D)(1) and (4), 1989.1(B), and 1998.1, relative to the Louisiana Tax Commission; to limit amounts received by the tax commission from certain audits and to limit the method of employing private counsel; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 47:1835(D)(1) and (4), 1989.1(B) and 1998.1 are hereby amended and reenacted to read as follows: §1835. Employment of secretary, clerical help and experts; creation of commission expense fund; authorization for deposits and collection of assessments * * * D.(1) In addition to the powers contained in R.S. 47:1837 et seq., the tax commission is authorized to make or cause to be made by any of its authorized agents or assistants, audits or examinations of any return due under R.S. 47:1852 and the property, place of business, books, records, activity, and programs of any taxpayer, or any other individual or business entity or venture insofar as said property, places of business or activity, books, records, and programs may affect, clarify, or disclose the liability of any person, entity, activity, venture, or property for any tax under Chapters 2 and 3 of this Subtitle. In any year in which the Louisiana Tax Commission performs audits, at least two taxpayers, companies, or individuals shall be audited from a list submitted by the Louisiana Assessors’ Association compiled by the Louisiana Tax Commission pursuant to objective standards and criteria, all in accordance with the rules and regulations of the Louisiana Tax Commission. * * * (4) The tax commission shall receive be reimbursed for its direct costs associated with the audits or examinations conducted pursuant to this Section, up to ten percent of the additional tax, penalty, and interest collected, and said funds shall be paid over to the tax commission for deposit in its expense fund for its use in carrying on its operations as provided for herein. * * * §1989.1. Appeals; assessors; reimbursement of expenses * * * B. The pro rata amount paid by each tax recipient body shall be based on the amount of

taxes collected, including municipal taxes. The assessor shall furnish an itemized expense voucher which shall include amounts appropriated solely for and directly in defense of the determination of the assessment being protested or appealed, which voucher shall include but not be limited to the expenses related to the employment of legal counsel and expert appraisers. * * * §1998.1. Power to employ counsel The Louisiana Tax Commission and any assessor who is a party to such proceedings instituted pursuant to this Subtitle are authorized to employ private counsel to assist in the collection of any taxes, penalties, or interest due under this Subtitle, and to represent them in any proceeding instituted by a taxpayer pursuant to this Subtitle. Notwithstanding any provision in this Chapter to the contrary, the employment of private counsel by the Louisiana Tax Commission shall not be on a contingency fee basis or any other basis dependent on the outcome of the matter. Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State --------

scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

ACT No. 858 --SENATE BILL NO. 433 BY SENATOR MARIONNEAUX AN ACT To amend and reenact R.S. 9:3573.1, 3573.2(A), 3573.3(1), (8), (9) and (10), 3573.4, 3573.6(A)(2), 3573.10(C), 3573.11(B) and (C), 3573.13(B) and (C), and 3573.16, and to repeal R.S. 9:3573.3(7), 3573.9, and 3573.17, relative to the Louisiana consumer credit law; to provide an exception to licensing requirements for certain attorneys; to provide certain terms, procedures, conditions, requirements, definitions, and exemptions; to provide for damages; to provide for orders, injunctions, publication, and availability of records to the general public; to provide for penalties; to provide for notification or service; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 9:3573.1, 3573.2(A), 3573.3(1), (8), (9) and (10), 3573.4, 3573.6(A)(2), 3573.10(C), 3573.11(B) and (C), 3573.13(B) and (C), and 3573.16 are hereby amended and reenacted to read as follows: §3573.1. Short title; purpose; license; renewal; application; change of location; change of name; fees A. This Part shall be known and may be cited as the “Credit Repair Services Organizations Act.” B. The Legislature of Louisiana recognizes the right of the citizens of the state to utilize the services of qualified credit repair organizations for advice and assistance in improving their credit matters. The Legislature of Louisiana does hereby declare that it is in the best interest of the citizens of the state to protect consumers in their efforts to improve their credit record, history, and rating. The purpose of this Part is to promote the safety and welfare of the people of this state by providing for regulatory oversight a statutory structure in an area in which unqualified or unscrupulous individuals may injure or mislead the public. C. No person shall conduct business as a credit repair services organization without first having obtained a license from the commissioner and paying a five hundred dollar application fee. D.(1) No license shall be issued unless the commissioner, upon investigation, finds that * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under-

the financial responsibility, character, and fitness of the applicant, its owners, its partners if the applicant is a partnership, its members if the applicant is a limited liability company, and its officers and directors if the applicant is a corporation, are such as to warrant a belief that the business will be conducted honestly and fairly within the purposes of this Part. The commissioner may grant restricted or conditional licenses. (2)(a) Upon written request, an applicant may seek a hearing on the question of his qualification for a license if either: (i) The commissioner has notified the applicant in writing that his application has been denied. (ii) The commissioner has not issued a license within sixty days of the date a complete application was filed. (b) A request for a hearing may not be made more than thirty days after the applicant has received the written notice notifying him that the application was denied and stating the commissioner’s findings in support of the denial of the application. E. Every application for a license shall contain such information as the commissioner may require to determine if the applicant qualifies for a license. F. Annually by November first each credit repair services organization shall file a renewal application and pay a renewal fee of four hundred dollars. An annual renewal application received by the commissioner postmarked after December first shall be accompanied by a late filing fee of two hundred dollars, in addition to the annual renewal fee. G. If the annual renewal application and renewal fee is not received postmarked by December thirty-first, the license shall lapse without a hearing or notification, and the license shall not be reinstated; however, the person whose license has lapsed may apply for a new license. No new license shall be issued upon the filing of a new application by any person against whom any penalty or fee has been imposed unless and until such penalty or fee previously accrued under this Section has been paid. H. A license cannot be sold or transferred by any means. I. A credit repair services organization shall not change location or change its name without prior written approval of the commissioner. A fee of one hundred dollars is required to change a location or name. In addition to the one hundred dollar fee, a penalty of two hundred dollars shall be paid if prior written approval is not obtained. J.(1) Any person whose application, or renewal application, for licensure under this Part, has been denied for any reason, may not reapply for a license under this Part until after at least three years from the date of the order of denial, unless the commissioner, in his sole discretion, prescribes an earlier or later date. (2) For purposes of this Subsection, the term “order” shall mean the first to occur of either: (a) The date of the issuance of the commissioner’s notification of denial of the person’s application; or (b) Sixty days after the filing of that application. (3) For purposes of this Subsection, the term “person” shall mean the applicant, its owners, and its members if the applicant is a limited liability company, its partners if the applicant is a partnership, its officers and directors if the applicant is a corporation, and any other person determined by the commissioner, in his sole discretion, to be closely related to the person. K.(1) No person shall acquire or control a credit repair service organization license through the acquisition or control of more than fifty percent of the ownership interest in a licensee without first having obtained written approval from the commissioner, pursuant to an application for a change of control in ownership of the licensee, filed in the manner and on a form prescribed by the commissioner and accompanied by a fee of THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 499

three hundred dollars. Any person who acquires controlling interest in a licensee without first having filed an application for change of control with the commissioner shall be deemed to be operating without proper authority and subject to the penalties of this Part. (2) For the purposes of this Section, a person acquires or controls the licensee when at least one of the following conditions exists: (a) The person, directly or acting through one or more other persons, owns, controls, or has the power to vote more than fifty percent of any class of stock of the corporation. (b) The person controls, in any manner, the election of a majority of the directors of the corporation. (c) The commissioner determines, after notice and an opportunity for hearing, that the person directly or indirectly exercises a controlling influence over the management or the policies of the licensee. (3) When the licensee is a limited liability company or a limited liability partnership, the licensee is acquired or controlled if one of the following occurs: (a) There is a change of managers or general partners. (b) An existing manager or general partner acquires or controls the licensee as provided in Paragraph (2) of this Subsection. (c) The commissioner determines that there has been a significant change in the membership or partnership interests, including but not limited to a change in ownership or control, directly or indirectly affecting twenty-five percent or more of the total interest of the licensee. (4) A corporation that is a licensee shall notify the commissioner within sixty days of a stockholder becoming a principal stockholder, which is defined for purposes of this Section as owning ten percent or greater of the outstanding stock of the corporation. §3573.2. Definitions; exemptions A. As used in this Part, the following terms shall have the following meanings: (1) “Buyer” means an individual who is solicited to purchase or who purchases the services of a credit repair services organization. (2) “Commissioner” means the commissioner of the office of financial institutions. (3)(2) “Consumer reporting agency” shall have the meaning assigned by Section 603(f), Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.). (4)(3) “Credit repair services organization” means a person who, with respect to a buyer, in return for the payment of money or other valuable consideration, directly or indirectly, provides or represents that he can or will, directly or indirectly, provide any of the following services: (a) Improving a buyer’s credit record, history, or rating. (b) Advice or assistance to a buyer with regard to improving a buyer’s credit record, history, or rating, including the sale of a self-help instructional guide. (5)(4) “Person” means an individual, corporation, partnership, trust, association, joint venture pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed herein. * * * §3573.3. Prohibited conduct A credit repair services organization or a salesperson, agent, or representative of a credit repair services organization, who sells or attempts to sell the services of a credit repair services organization shall not: (1) Charge a buyer or receive from a buyer money or other valuable consideration unless the credit repair services organization has obtained, in accordance with R.S. 9:3573.4, a surety bond issued by a surety company authorized to do business in this state or has established and maintains a trust account at a federally insured bank or savings association located in this state THE ADVOCATE PAGE 500

in which the amount required by R.S. 9:3573.4(E) is held in trust as required by R.S. 9:3573.4. * * * (8) As determined by the commissioner, sStructure a transaction with a buyer in such a manner as to attempt to circumvent the provisions of this Part. (9) Divide a transaction into multiple transactions, as determined by the commissioner, such as by attempting to sell or selling any publication, including but not limited to any book, pamphlet, or electronic or computer guide, related in any way to improving a buyer’s credit record, history, or rating, to a buyer and, directly or indirectly, through any affiliate, subsidiary, related person, or otherwise, providing services to the buyer to assist him in utilizing or implementing the information or directions contained therein, unless all charges and fees related to such sale and service combined do not exceed the bona fide costs for publishing the copy of such publication. (10) As determined by the commissioner, vViolate any provision of the federal Credit Repair Organizations Act, 15 U.S.C. 1679 et seq., as amended. Any violation of such Act shall constitute a violation of state law. §3573.4. Bond; trust account A. All credit repair services organizations required to be licensed by the commissioner shall obtain a surety bond issued by a company licensed to do business in Louisiana or establish a trust account as provided in this Section. B. The bond shall be filed with the Office of Financial Institutions attorney general of Louisiana. If a trust account is established, a notarized or otherwise official notification of the deposit by the depository institution shall be filed with the Office of Financial Institutions. Such notification shall include, at a minimum, the name of the financial institution, name of the credit repair services organization, account number, and verification that the account is established in accordance with the terms set forth in this Section. C. The bond or trust account required must be in favor of the state of Louisiana for the benefit of any person who is damaged by any violation of this Part. D. Any persons claiming against the bond or trust account for a violation of this Part may maintain an action at law against the credit repair services organization and against the surety or trustee. The surety or trustee shall be liable only for damages awarded under R.S. 9:3573.10 and not the punitive damages permitted under that Section. The aggregate liability of the surety or trustee to all persons damaged by a credit repair services organization’s violation of this Part shall not exceed the amount of the bond or trust account. E. The bond or the trust account shall be in the amount of one hundred thousand dollars. F. A depository holding money in a trust account under this Part may not convey money in the account to the credit repair services organization that established the account or a representative of the credit repair services organization unless the credit repair services organization or representative presents a statement issued by the office of financial institutions indicating that R.S. 9:3573.5(E) has been satisfied in relation to the account. The office of financial institutions may conduct investigations and require submission of information as necessary to enforce this Subsection. GF. The credit repair services organization shall notify the commissioner attorney general in writing within thirty days after it has ceased to do business in this state. The surety bond or trust account shall be maintained for two years after the date that the credit services organization ceases operations or the date that it has filed notice with the Office of Financial Institutions attorney general of Louisiana, whichever is later. G. The failure to obtain or file the bond as required by this Section shall constitute a violation of this * As it appears in the enrolled bill

Part for purposes of civil or criminal remedies or penalties. * * * §3573.6. Disclosure statement A. Before executing a contract or agreement with a buyer or receiving money or other valuable consideration, a credit repair services organization shall provide the buyer with a statement in writing, containing: * * * (2) A statement explaining the buyer’s right to proceed against the bond or trust account required by R.S. 9:3573.4. * * * §3573.10. Action for damages * * * C. A person who is entitled to recover damages, costs, or attorney fees from a credit repair services organization may petition the Office of Financial Institutions attorney general of Louisiana for relief under any surety bond established pursuant to R.S. 9:3573.4. §3573.11. Orders, injunctions, and publication; availability of records to the general public * * * B. The commissioner attorney general may, in his discretion, conduct such investigations as he deems necessary to ascertain possible violations of this Part or any rule, regulation, or order promulgated or issued pursuant to this Chapter. Any person who is engaged in or is engaging in or is about to engage in any act or practice which is prohibited by this Part or any rule, regulation, or order promulgated or issued pursuant to this Chapter, or any person who has failed to act or is failing to act or is about to fail to act under any affirmative duty imposed by this Part or any rule, regulation, or order promulgated or issued pursuant to this Chapter, shall be subject to appropriate action by the commissioner attorney general. Such action shall include but shall not be limited to the issuance of orders to cease and desist or to assess civil money penalties, entering into compliance agreements, seeking injunctive relief from a court of competent jurisdiction, or any combination thereof. C. The commissioner attorney general shall make available for inspection by the general public, electronically or otherwise, any and all orders or decisions arising from any violation of this Part, with respect to the following exclusively enumerated actions: (1) Cease and desist orders. (2) Denial of an application for licensure, notification, or exemption. (3) Revocation or suspension of a license, notification, or exemption. (4)(2) Assessment of civil money penalties or fines. (5)(3) Obtaining injunctive relief. (6) Unlicensed activities. * * * §3573.13. Criminal penalty * * * B. The commissioner attorney general through an administrative action, or the district attorney of any judicial district may maintain an action to enjoin violations of this Part. C. Costs and reasonable attorney fees shall be awarded to the commissioner attorney general or a district attorney in all injunctive actions where the commissioner or district attorney successfully enforces this Part. * * * §3573.16. Civil money penalties A person who violates a provision of this Part may be fined up to one thousand dollars for each violation. The commissioner attorney general may maintain a civil action in a court of competent jurisdiction to recover such fines, together with his costs and attorney fees incident to such action. Section 2. R.S. 9:3573.3(7), 3573.9, and 3573.17 are hereby repealed in their entirety. * * *

CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

Section 3. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to 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. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State --------

Article 648(B)(2), relative to mental capacity to proceed to trial in criminal cases; to provide with respect to the burden of proof regarding mental capacity determinations; to provide for procedure after determination of mental capacity; to require that certain criteria be satisfied; to repeal provisions authorizing the release of a defendant on probation; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. Code of Criminal Procedure Art. 648(A)(introductory paragraph), (B)(1), and (B)(3) (introductory paragraph) are hereby amended and reenacted and Code of Criminal Procedure Article 648(A)(2)(c) is hereby enacted to read as ACT No. 859 follows: --Art. 648. Procedure after determination of SENATE BILL NO. 437 mental capacity or incapacity BY SENATOR WALSWORTH A. The criminal prosecution shall be resumed AN ACT unless the court determines by clear and To amend and reenact R.S. 39:126, relative to convincing a preponderance of the evidence that capital outlay projects; to provide for certain the defendant does not have the mental capacity change orders to be approved by the Joint to proceed. If the court determines that the Legislative Committee on the Budget; and to defendant lacks mental capacity to proceed, the provide for related matters. proceedings shall be suspended and one of the Be it enacted by the Legislature of Louisiana: following dispositions made: Section 1. R.S. 39:126 is hereby amended and * * * reenacted to read as follows: (2) * * * §126. Change orders (c) If a defendant committed to the Feliciana Any change order in excess of fifty one hundred Forensic Facility is held in a parish jail for thousand dollars for a project undertaken one hundred eighty days after the initial pursuant to an appropriation in the Capital status conference provided in Item (b) of this Outlay Act shall require the approval of the Subparagraph, the court shall order a contradictory Joint Legislative Committee on the Budget. In hearing to determine whether to release the addition, a change order for a project undertaken defendant or to order the appropriate authorities to pursuant to this Part shall also be subject to the institute civil commitment proceedings pursuant to approval of the commissioner of administration. R.S. 28:54. The defendant shall remain in custody Any change order in excess of fifty thousand dollars pending such civil commitment proceedings. If but less than one hundred thousand dollars shall be the defendant is civilly committed to a treatment submitted to the Joint Legislative Committee on the facility pursuant to Title 28 of the Revised Statutes Budget for review but shall not require committee of 1950, the director of the institution designated approval. for the patient’s treatment shall, in writing, notify Approved by the Governor, July 9, 2008. the court and the district attorney when the patient is to be discharged or conditionally discharged, as A true copy: Jay Dardenne long as the charges are pending. Secretary of State B.(1) In no instance shall such custody, care, -------and treatment exceed the time of the maximum sentence the defendant could receive if convicted ACT No. 860 of the crime with which he is charged. At any time --after commitment and on the recommendation SENATE BILL NO. 454 of the superintendent of the institution that the BY SENATOR MICHOT defendant will not attain the capacity to proceed AN ACT with his trial in the foreseeable future, the court To amend and reenact R.S. 39:29(A)(2), relative to shall, within sixty days and after at least ten days the budget of the state; to provide relative to the notice to the district attorney, and defendant’s submission of the continuation budget; and to counsel and the Bureau of Legal Services of the provide for related matters. Department of Health and Hospitals, conduct a Be it enacted by the Legislature of Louisiana: contradictory hearing to determine whether the Section 1. R.S. 39:29(A)(2) is hereby amended mentally defective defendant is, and will in the and reenacted to read as follows: foreseeable future be, incapable of standing trial §29. Budget guidelines and whether he is a danger to himself or others. A. * * * * * * (3) If, after the hearing, the court determines (2) The continuation budget shall be prepared the mentally defective defendant incapable of by the budget office and submitted to the Joint standing trial, is a danger to himself or others, Legislative Committee on the Budget no later and that the incompetent defendant is unlikely in than January first each year at the first meeting of the foreseeable future to be capable of standing the Joint Legislative Committee on the Budget after trial, the court shall order commitment to a January first each year. designated and medically suitable treatment * * * facility the defendant released or remanded to the Approved by the Governor, July 9, 2008. custody of the Department of Health and Hospitals which, within ten days exclusive of weekends A true copy: Jay Dardenne and holidays, may institute civil commitment Secretary of State proceedings pursuant to Title 28 of the Louisiana -------Revised Statutes of 1950, or release the defendant. The defendant shall remain in custody pending such ACT No. 861 civil commitment proceedings.. Such a judgment --shall constitute an order of civil commitment. If SENATE BILL NO. 474 the defendant is committed to a treatment facility BY SENATOR GRAY pursuant to Title 28 of the Louisiana Revised AN ACT Statutes of 1950, However, the director of the To amend and reenact Code of Criminal Procedure institution designated for the patient’s treatment Article 648(A)(introductory paragraph), (B)(1) shall, in writing, notify the court and the district and (B)(3)(introductory paragraph), to enact attorney when the patient is to be discharged or Code of Criminal Procedure Article 648(A)(2)(c), conditionally discharged, as long as the charges and to repeal Code of Criminal Procedure are pending. If not dismissed without prejudice at * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

an earlier trial, charges against an unrestorable incompetent defendant shall be dismissed on the date upon which his sentence would have expired had he been convicted and received the maximum sentence for the crime charged, or on the date five years from the date of his arrest for such charges, whichever is sooner, except for the following charges: * * * Section 2. Code of Criminal Procedure Article 648(B)(2) is hereby repealed. Section 3. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to 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. This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State -------ACT No. 862 --SENATE BILL NO. 519 BY SENATOR AMEDEE AN ACT To enact R.S. 37:3507.2(A)(4), relative to private investigators; to provide with respect to the types of licenses issued by the board; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 37:3507.2(A)(4) is hereby enacted to read as follows: §3507.2. Types of licenses A. The board is authorized to issue the following types of licenses to qualified applicants: * * * (4) A “private investigator journeyman license” to be issued to any person who satisfies the minimum requirements for licensing as a private investigator journeyman, as established by rules and regulations promulgated by the board. * * * Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 863 --SENATE BILL NO. 541 BY SENATOR SMITH AN ACT To enact R.S. 39:562(O), relative to the limit of indebtedness of school districts; to authorize an increase in bonded indebtedness in certain parishes, with voter approval; to provide for an effective date; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 39:562(O) is hereby enacted to read as follows: §562. Limit of indebtedness * * * O. Notwithstanding any contrary provision of this Section or of any other law, the governing authority of any parishwide school district and of special school districts in any parish having a population of more than fifteen thousand people and less than fifty-five thousand people according to the latest federal decennial census of record at the time such bonds are issued, with the approval of a majority of the voters voting therein at an election held for that purpose, may incur debt and issue bonds therefor for the purposes set out in R.S. 39:554 which, including the existing bonded debt of such subdivision for THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 501

such purposes, may exceed ten percent, but shall not exceed fifty percent of the assessed valuation of the taxable property of such subdivision, including both of the following: (1) Homestead exempt property, which shall be included on the assessment roll for the purposes of calculating debt limitation. (2) Nonexempt property, as ascertained by the last assessment for the parish for local purposes prior to delivery of the bonds representing such debt, regardless of the date of the election at which said bonds were approved. Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 864 --SENATE BILL NO. 542 BY SENATOR SMITH AN ACT To enact R.S. 47:302.5(E)(5) and 302.54, relative to the dispositions of certain collections in Vernon Parish; to create the Vernon Parish Legislative Improvement Fund No. 2 as a special fund in the state treasury; to provide for the deposit of and use of monies in the fund; to provide for the transfer of certain funds; to provide for an effective date; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 47:302.5(E)(5) and 302.54 are hereby enacted to read as follows: §302.5. Disposition of certain collections in Vernon Parish * * * E. Beginning July 1, 2004, money paid into the Vernon Parish Legislative Community Improvement Fund shall be appropriated, distributed, and used as follows: * * * (5) The remaining fifteen percent of the money shall be transferred to the Vernon Parish Legislative Improvement Fund No. 2 as provided by R.S. 47:302.54. * * * §302.54. Allocation of certain collections in Vernon Parish A. There is hereby created in the state treasury, as a special fund, the Vernon Parish Legislative Improvement Fund No. 2, hereinafter referred to as the “fund.” B. In accordance with the provisions of R.S. 47:302.5(E)(5), the treasurer shall deposit monies into the fund to be used solely as provided in Subsection C of this Section. All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. The monies in the fund shall be invested by the state treasurer in the same manner as the monies in the state general fund, and all interest earned shall be deposited into the state general fund. C. The monies in the Vernon Parish Legislative Improvement Fund No. 2 shall be subject to annual appropriations by the legislature and the monies in the fund shall be available exclusively to the Vernon Parish Police Jury for projects in Vernon Parish as determined by the Vernon Parish Legislative Community Improvement Board as created by R.S. 47:302.5(D). Section 2. On the effective date of this Act, the state treasurer is hereby authorized and directed to transfer all unexpended and unobligated monies in the Vernon Parish Legislative Community Improvement Fund into the Vernon THE ADVOCATE PAGE 502

Parish Legislative Improvement Fund No. 2 as provided by Section 1 of this Act; however, the amount transferred shall not be less than four hundred thirty-seven thousand dollars. Section 3. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to 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. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State --------

ACT No. 865 --SENATE BILL NO. 543 BY SENATOR QUINN AN ACT To amend and reenact R.S. 13:4163, relative to legislators and legislative employees; to provide for continuances and extensions during performance of legislative duties; to provide with respect to filing of the motion for legislative continuance or extension; to clarify certain provisions; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 13:4163 is hereby amended and reenacted to read as follows: §4163. Ex parte motion for legislative continuance or extension of time, legislators or employees engaged in legislative or constitutional convention activities A.(1)(a) During sessions of the legislature and during any of the time periods described in Paragraph (3) of this Subsection, if the presence, participation, or involvement of a member of the legislature, the clerk of the House of Representatives, the secretary of the Senate, or an employee of the House of Representatives, the Senate, or the Legislative Bureau, is required in any criminal case, civil case, or administrative proceeding, in any capacity, when such person is serving or employed full time during a session of the legislature, then such employment or service shall constitute peremptory cause for the continuance of any type of proceeding and the extension of any type of deadline pertaining to such case or administrative proceeding, but only upon the timely filing of a motion for continuance or extension in the proper court or agency. (b) A motion for legislative continuance or extension filed pursuant to this Section by a legislative employee shall be accompanied by an affidavit, verifying such employment or service, executed by the presiding officer or the clerk or secretary of the respective house. (c) A motion for legislative continuance or extension filed in accordance with this Section shall be timely if filed within five calendar days of the hearing or proceeding to be continued or within four calendar days of the committee notice or call for an extraordinary session of the legislature. (2) Legislative continuances or extensions granted pursuant to this Section shall include any pretrial or post-trial proceeding provided for by law. (3) Legislative continuances or extensions granted pursuant to this Section shall be granted at any of the following times or instances: (a) During any time between fifteen days prior to the original call to order and fifteen days following the adjournment sine die of any regular or extraordinary session of the legislature. (b) At any time during which such person is engaged in activities in connection with or ordered by the legislature or any legislative committee or subcommittee appointed by the president of the Senate, the speaker of the House of Representatives, or any other committee or * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored
(House Bills) and underscored and boldfaced (Senate Bills) are additions.

commission appointed by the governor, or other person authorized by law or legislative resolution to make such appointments. (c) At any time during which such person is engaged in any activities in connection with or ordered by any constitutional convention or commission. (d) During any time between fifteen days prior to convening and fifteen days following adjournment sine die of any constitutional convention. B.(1) The provisions of this Section shall not apply to cases in the Supreme Court of Louisiana, criminal cases where the death penalty is sought, and administrative rulemaking authorized by R.S. 49:953. (2) The provisions of this Section shall not apply to cases and proceedings wherein a member or employee is called as a witness, in which instances the provisions of R.S. 13:3667.1 and 3667.3 shall apply. C. During the periods prescribed in Subparagraphs (A)(3)(a), (c), and (d) of this Section, the legislative continuances and extensions shall be granted for a period of not less than sixty days from the date of adjournment sine die of any regular or extraordinary session of the legislature or any constitutional convention. D. Within seventy-two hours of the timely filing of a motion for a legislative continuance or extension, the court or agency shall grant the continuance or extension, ex parte, for a reasonable period of time or for the length of time specified in Subsection C of this Section. E. Any action taken against a person, including any sanction imposed on an attorney, who has timely filed a motion for legislative continuance or extension in accordance with this Section resulting from the failure of such person or attorney to appear or comply with an order of court or any deadline shall be considered an absolute nullity and shall be set aside by the court upon the filing of a motion by the aggrieved person or attorney. F. Any person or attorney who has timely filed a motion for legislative continuance or extension which has not been granted within seventy-two hours of filing may apply directly to the Supreme Court of Louisiana for supervisory writs to review the action of the court where the motion was filed. G. If a timely filed motion for legislative continuance or extension is denied or if a motion filed pursuant to Subsection E of this Section is denied, such denial shall be an appealable order. A.(1) A member of the legislature and a legislative employee shall have peremptory grounds for continuance or extension of a criminal case, civil case, or administrative proceeding as provided below. The continuance or extension shall be sought by written motion specifically alleging these grounds. (2) For purposes of this Section, “legislative employee” means the clerk of the House of Representative, the secretary of the Senate, and an employee of the House of Representatives, the Senate, or the Legislative Bureau, when such person is employed full-time during the legislative session or during any other time in which the continuance or extension is being sought. B. The peremptory grounds for continuance or extension is available to and for the benefit of a member or legislative employee and may only be asserted or waived by a member or employee. C.(1) Such peremptory grounds are available for the continuance of any type of proceeding and the extension of any type of deadline pertaining to a criminal case, civil case, or administrative proceeding, if the presence, participation, or involvement of a member or employee is required in any capacity, including any pretrial or post-trial legal proceeding, during: (a) Any time between fifteen days prior to the original call to order and fifteen days following the adjournment sine die of any session of the legislature.

(b) Any time between fifteen days prior to convening and fifteen days following adjournment sine die of any constitutional convention. (c) Any time other than those provided in Subparagraphs (a) or (b) of this Paragraph when such person is engaged in activities in connection with or ordered by: (a) the legislature; (b) any legislative committee or subcommittee appointed by the president of the Senate or the speaker of the House of Representatives; (c) any committee or commission appointed by the governor or other person authorized to make such appointments; or (d) any constitutional convention or commission. (2) Such peremptory grounds are available to any member or employee enrolled as counsel of record when his participation is required. The availability of other counsel to assume the duties or responsibilities of counsel invoking the continuance or extension does not negate the peremptory nature of his motion. D. A motion for legislative continuance or extension filed by a legislative employee shall be accompanied by an affidavit, verifying such employment or service, executed by the presiding officer or the clerk or secretary of the respective house. E.(1)(a) If the grounds for a legislative continuance or extension are founded upon the convening of a regular legislative session or a constitutional convention, the motion for legislative continuance or extension shall be timely if filed no later than five calendar days prior to the hearing or proceeding to be continued. (b) If the grounds for a legislative continuance or extension are founded upon any provision of Subparagraph (C)(1)(c) of this Section or upon the issuance of a call for an extraordinary session of the legislature, the motion for legislative continuance or extension shall be timely if filed no later than five calendar days prior to the hearing or proceeding to be continued or no later than two days following the issuance of the notice of the meeting or of the call for the extraordinary legislative session, which ever occurs last. An affidavit of the clerk of the House of Representatives or the secretary of the Senate verifying the issuance and date of the issuance of the notice or of the call shall be attached to the motion. (2) Within seventy-two hours of the filing of a motion for a legislative continuance or extension, the court or agency shall grant the continuance or extension ex parte as follows: (a) If the grounds for the motion are pursuant to Subparagraph (C)(1)(a) or (b) of this Section, the continuance or extension shall be granted for a period of not less than sixty days from the date of adjournment sine die of the session of the legislature or of the constitutional convention. (b) If the grounds for the motion are pursuant to Subparagraph (C)(1)(c) of this Section, the continuance or extension shall be granted for the day or days the member or employee is engaged in such activities. F.(1) The provisions of this Section shall not apply to cases in the Supreme Court of Louisiana, criminal cases where the death penalty is sought, and administrative rulemaking authorized by R.S. 49:953. (2) The provisions of this Section shall not apply to cases and proceedings wherein a member or employee is called as a witness, in which instances the provisions of R.S. 13:3667.1 and 3667.3 shall apply. G. Any action taken against a person, including any sanction imposed on an attorney, who has filed a motion for legislative continuance or extension and which results from the failure of such person or attorney to appear or comply with an order of the court or agency or any deadline shall be considered an absolute nullity and shall be set aside by the court or agency upon the filing of a motion by the aggrieved person or attorney. H.(1) Any person or attorney who has filed a motion for legislative continuance or extension which has been denied or which has not been granted within seventy-two hours of filing may apply directly to the

Supreme Court of Louisiana for supervisory writs to review the action or inaction of the court or agency where the motion was filed. (2) If a motion filed pursuant to Subsection G of this Section is denied, such denial shall be an appealable order. I. For sufficient cause shown, the court may consider a motion for legislative continuance or extension at any time prior to the hearing or proceeding. Approved by the Governor, July 8, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 866 --SENATE BILL NO. 564 BY SENATOR GRAY AN ACT To enact R.S. 33:9091.12, relative to the Maple Area Residents Security Tax District in Orleans Parish; to create and provide relative to such district, including provisions for the district and its board of commissioners and their powers, duties, functions and responsibilities; to provide for the imposition and collection of a parcel fee and for the use thereof; to provide relative to liability of board members and officers; and to provide for related matters. Notice of intention to introduce this Act has been published. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 33:9091.12 is hereby enacted to read as follows: §9091.12. Maple Area Residents Security Tax District A. Creation. There is hereby created within the parish of Orleans, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the Maple Area Residents Security Tax District, referred to in this Section as the “district.” The district shall be a political subdivision of the state as defined in the Constitution of Louisiana. B. Boundaries. The boundaries of the district shall be that area within and including the following perimeter streets and avenues: the middle of South Carrollton Avenue to Willow Street, the middle of Willow Street to Audubon Street, the middle of Audubon Street to St. Charles Avenue, the middle of St. Charles Avenue to the middle of South Carrollton Avenue. C. Purpose. The district is established for the purpose of promoting and encouraging security in the area included within the district and promoting and encouraging the beautification and overall betterment of the district. D. Governance. (1) The district shall be governed by a nine-member board of commissioners, referred to in this Section as the “board.” The board shall be composed as follows: (a) The president of the Maple Area Residents, Inc., referred to in this Section as the “association.” (b) The board of directors of the association shall appoint four members. (c) The mayor of the city of New Orleans shall appoint one member from a list of nominations submitted by the association. (d) The member of the governing authority of the city of New Orleans whose council district encompasses all or the greater portion of the area of the district shall appoint one member from a list of nominations submitted by the association. (e) The member of the Louisiana House of Representatives whose district encompasses all or the greater portion of the area of the district shall appoint one member from a list of nominations submitted by the association. (f) The member of the Louisiana Senate whose district encompasses all or the greater portion of the area of the district shall appoint one member from a list of nominations submitted by the association. * As it appears in the enrolled bill

(2) All members of the board shall own immovable property or be a registered voter within the district. (3)(a) Board members serving pursuant to Subparagraphs (1)(b) through (f) of this Subsection shall serve four-year terms after initial terms as provided in this Subparagraph. Two members shall serve initial terms of one year; two shall serve initial terms of two years; two shall serve initial terms of three years; and two shall serve initial terms of four years, as determined by lot at the first meeting of the board. (b) The member serving pursuant to Subparagraph (1)(a) of this Subsection shall serve during his term of office as president of the association. (c) Any vacancy which occurs prior to the expiration of the terms for which a member of the board has been appointed shall be filled for the remainder of the unexpired term in the same manner as the original appointment. Board members shall be eligible for reappointment. (4) The board shall elect from its members a chairman, a vice chairman, a secretary-treasurer, and such other officers as it may deem necessary. The duties of the officers shall be fixed by the bylaws adopted by the board. (5) The minute books and archives of the district shall be maintained by the secretary-treasurer of the board. The monies, funds, and accounts of the district shall be in the official custody of the board. (6) The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business affairs. Rules and regulations of the board relative to the notice and conduct of meetings shall conform to applicable law, including, if applicable, R.S. 42:4.1 et seq., relative to open meetings. The board shall hold regular meetings as shall be provided for in the bylaws and may hold special meetings at such times and places within the district as may be prescribed in the bylaws. (7) A majority of the members of the board shall constitute a quorum for the transaction of business. The board shall keep minutes of all meetings and shall make them available through the secretarytreasurer of the board. (8) Each member of the board shall have one vote, and the vote of a majority of the members of the board present and voting, a quorum being present, shall be required to decide any question upon which the board takes action. (9) The members of the board shall serve without compensation but shall be reimbursed for their reasonable out-of-pocket expenses directly related to the governance of the district. E. Powers and duties. The district, acting through its board, shall have the following powers and duties: (1) To sue and be sued. (2) To adopt, use, and alter at will a corporate seal. (3) To receive and expend funds collected pursuant to Subsection F of this Section and in accordance with a budget adopted as provided by Subsection H of this Section. (4) To enter into contracts with individuals or entities, private or public. (5) To provide or enhance security patrols in the district, to provide for improved lighting, signage, or matters relating to the security of the district, to provide for the beautification of and improvements for the district, or to provide generally for the overall betterment of the district. (6) To enter into contracts and agreements with one or more other districts for the joint security, improvement, or betterment of all participating districts. (7) To provide for such services and make such expenditures as the board deems proper for the upkeep of the district. (8) To acquire or lease items and supplies which the board deems instrumental to achieving the purposes of the district. (9) To acquire, lease, insure, and sell immovable property within the boundaries of the district in accordance with district plans. THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 503

CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

(10) To procure and maintain liability insurance against any personal or legal liability of a board member that may be asserted or incurred based upon his service as a member of the board or that may arise as a result of his actions taken within the scope and discharge of his duties as a member of the board. (11) To perform or have performed any other function or activity necessary or appropriate to carry out the purposes of the district or for the overall betterment of the district. F. Parcel fee.(1) The governing authority of the city of New Orleans is hereby authorized to impose and collect a parcel fee within the district subject to and in accordance with the provisions of this Subsection. (2) The amount of the fee shall be as requested by duly adopted resolution of the board. The fee shall be a flat fee per improved parcel of land not to exceed four hundred dollars per year for each improved parcel for calendar year 2009; however, the maximum shall be increased twenty-five dollars per year for each calendar year after 2009. (3) The fee shall be imposed on each improved parcel located within the district except as provided in Paragraph (5) of this Subsection. (a) For purposes of this Section, “parcel” means a lot, a subdivided portion of ground, an individual tract, or a “condominium parcel” as defined in R.S. 9:1121.103. (b) The owner of each parcel shall be responsible for payment of the fee. (4)(a) The fee shall be imposed only after the question of its imposition has been approved by a majority of the registered voters of the district who vote on the proposition at an election held for that purpose in accordance with the Louisiana Election Code. The amount of the fee may be changed by duly adopted resolution of the board, not to exceed the maximum amount authorized as provided in this Subsection. No other election shall be required except as provided by this Paragraph. (b) The initial election on the question of the imposition of the fee shall be held at the same time as a regularly scheduled election in the city of New Orleans. (c) If approved, the fee shall expire on December 31, 2014, but the fee may be renewed if approved by a majority of the registered voters of the district voting on the proposition at an election as provided in Subparagraph (a) of this Paragraph. Any election to authorize the renewal of the fee shall be held only at the same time as the mayoral primary election for the city of New Orleans. If the fee is renewed, the term of the imposition of the fee shall be as provided in the proposition authorizing such renewal, not to exceed eight years. (5) No fee shall be imposed upon any parcel whose owner qualified for the special assessment level provided by Article VII, Section 18(G)(1) of the Constitution of Louisiana. (6) The fee shall be collected at the same time and in the same manner as ad valorem taxes on property subject to taxation by the city are collected. (7) Any parcel fee which is unpaid shall be added to the tax rolls of the city and shall be enforced with the same authority and subject to the same penalties and procedures as unpaid ad valorem taxes. (8)(a) The proceeds of the fee shall be used solely and exclusively for the purpose and benefit of the district; however, the city may retain one percent of the amount collected as a collection fee. (b) The city of New Orleans shall remit to the district all amounts collected not more than sixty days after collection. G. Additional contributions. The district is authorized to solicit and accept additional voluntary contributions and grants to further the purposes of the district. H. Budget. (1) The board shall adopt an annual budget in accordance with the Local Government Budget Act, R.S. 39:1301 et seq. (2) The district shall be subject to audit by the legislative auditor pursuant to R.S. 24:513. I. Miscellaneous. It is the purpose and intent of this Section that any additional security patrols, public THE ADVOCATE PAGE 504

or private, or any other security or other services or betterments provided by the district shall be supplemental to and not be in lieu of personnel and services to be provided in the district by the state or the city of New Orleans or its departments or agencies or by other political subdivisions. J. Dissolution. (1) The district may be dissolved without the vote of the registered voters of the district if a majority of the area covered by the district becomes included in another district that serves similar purposes but includes additional parcels of property adjacent to the district, if approved by the affirmative vote of not less than five members of the board. If the district is dissolved in accordance with this Paragraph, the funds of the district that relate to the portion of the district that is included in the new district, together with any other funds collected by the city of New Orleans pursuant to this Section that relate to such portion of the district, shall be transferred to the new district to be used for purposes of the new district. The remaining portion of funds, if any, shall be transmitted by the board to the city of New Orleans and such funds shall be used only for law enforcement, security, improvement, and beautification purposes of the area that was formerly within the district but is not included in the new district. (2) If the district is dissolved pursuant to Paragraph (1) of this Subsection, the authority for the imposition of the parcel fee provided in Subsection F of this Section shall cease. K. Indemnification and exculpation. (1) The district shall indemnify its officers and board members to the fullest extent permitted by R.S. 12:227, as fully as if the district were a nonprofit corporation governed thereby, and as may be provided in the district’s bylaws. (2) No board member or officer of the district shall be liable to the district or to any individual who resides, owns property, visits, or otherwise conducts business in the district for monetary damages for breach of his duties as a board member or officer, provided that the foregoing provision shall not eliminate or limit the liability of a board member or officer for any of the following: (a) Acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law. (b) Any transaction from which he derived an improper personal benefit. (3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S. 9:2792.1 through 2792.9, a person serving the district as a board member or officer shall not be individually liable for any act or omission arising out of the performance of his duties. Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval. This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State --------

Section 1. R.S. 39:98.4(C)(2) is hereby amended and reenacted to read as follows: §98.4. Louisiana Fund * * * C. * * * (2) Not later than January sixth of each year, the The governor shall present to the Joint Legislative Committee on the Budget his plan of expenditures for the next fiscal year from monies available for appropriation from the Fund at the same time he submits his executive budget recommendations to the Joint Legislative Committee on the Budget. The plan shall provide for the distribution of available monies among the authorized purposes for expenditures of monies from the Fund. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 868 --SENATE BILL NO. 579 BY SENATOR MURRAY AN ACT To amend and reenact R.S. 13:841.3 and 983(L), R.S. 44:183(F), and Section 8(A)(1) as enacted by Act No. 621 of the 2006 Regular Session of the Legislature, relative to district courts; to provide for the handling of funds by the clerk of the Forty-First Judicial District Court; to provide relative to the fixing and collection of certain costs and charges; to provide for the depositing of certain collected fees or sums into a specific account; to define “clerk”; to provide for purposes for which the fund shall be used; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 13:841.3 is hereby amended and reenacted to read as follows: §841.3. Fees; clerk for the Forty-First Judicial District; collection A. 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 Clerk’s Salary Fund. The remaining funds shall be deposited in the Consolidated Judicial Expense Fund. B. Until a single clerk of court for the Forty-First Judicial District Court is elected, as it relates to the collection of civil filing fees only, the clerk shall mean the clerk of the Civil District Court. Section 2. R.S. 13:983(L) is hereby amended and reenacted to read as follows: §983. Court reporters for the Forty-First Judicial District Court * * * L. The clerk of court shall collect from every person filing any civil suit 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. The clerk of court shall collect from every person filing any civil suit 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. The judges sitting en banc shall have the power to fix costs and charges to be paid for official services, and due publication of such costs and charges when fixed shall be given. Section 3. R.S. 44:183(F) is hereby amended and reenacted to read as follows: §183. Microfilm records; use; separate location; preservation of records * * * 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

ACT No. 867 --SENATE BILL NO. 575 BY SENATOR MICHOT AN ACT To amend and reenact R.S. 39:98.4(C)(2), relative to the Louisiana Fund; to provide relative to the date for submission of the governor’s plan of expenditures from such fund; to change such date; and to provide for related matters. Be it enacted by the Legislature of Louisiana: * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored
(House Bills) and underscored and boldfaced (Senate Bills) are additions.

resolution or ordinance, any interested person may contest the legality of such resolution or ordinance or the validity of the authorized lease, sale, or other disposition of commission property, after which time, no one shall have any cause of action to contest the legality of the resolution or ordinance or to draw This bill having been submitted to the Governor and in question the legality of the authorized lease, sale, no action having been taken within the time provided or other disposition of commission property for by the Constitution, said bill becomes law without his any cause whatsoever, and it shall be conclusively approval. presumed thereafter that every legal requirement has been complied with, and no court shall have A true copy: Jay Dardenne authority to inquire into such matters after the Secretary of State lapse of said thirty days. -------§3492. Authorities in certain parishes A. Notwithstanding any provision of law to the ACT No. 870 contrary, there is hereby created in any parish --having a population of not more than one hundred SENATE BILL NO. 713 thirty thousand and not less than one hundred BY SENATORS LONG AND MCPHERSON twenty-five thousand as determined by the most AN ACT recent federal decennial census, a port authority in To enact Chapter 49 of Title 34 of the Louisiana such parish and adjacent lands, except as provided Revised Statutes of 1950, to be comprised of R.S. in Subsection B of this Section. 34:3491 and 3492, relative to port commissions; B. The jurisdiction of such port authority shall to authorize certain port commissions to enter be coterminous with those of the parish in which into contracts, leases, or other agreements for such authority is sited, except the authority shall ninety-nine years; to create and provide relative not include any private ports. to port commissions in certain parishes; to C. Pursuant to Article VI, Sections 19 and 20 of provide relative to the board of commissioners the Constitution of Louisiana, the authority, acting and their powers and duties; and to provide for through its board, shall have all the rights, powers, related matters. privileges, and immunities granted to political Be it enacted by the Legislature of Louisiana: subdivisions of the state for industrial, commercial, Section 1. Chapter 49 of Title 34 of the Louisiana research, and economic development purposes. Revised Statutes of 1950, comprised of R.S. 34:3491 D. Such port authority shall be governed by a board and 3492, is hereby enacted to read as follows: of commissioners composed of six members, who CHAPTER 49. PROVISIONS AFFECTING shall serve without compensation and who shall be This bill having been submitted to the Governor and MORE THAN ONE PORT COMMISSION appointed as follows: no action having been taken within the time provided §3491. Additional rights and powers (1) Three of the commissioners shall be appointed by the Constitution, said bill becomes law without his A. In addition to any other authority or power by the mayor of the municipality having the largest approval. granted by law, the board of commissioners for a population in such parish as determined by the most A true copy: port authority whose boundaries are coterminous recent federal decennial census, subject to approval Jay Dardenne with parishes having a population between thirty- by the governing authority of the muncipality. Each Secretary of State nine thousand and forty thousand, according to appointee shall be a resident of such municipality. -------the latest federal decennial census, shall have (2) One of the commissioners shall be appointed authority to make and enter into contracts, leases, by the mayor of the municipality having the second ACT No. 869 and other agreements with railroads, trucking largest population in such parish as determined --companies, bargelines, and with any and all by the most recent federal decennial census. Such SENATE BILL NO. 710 companies interested in the transportation, storage, appointee shall be a resident of such municipality. BY SENATOR SHEPHERD and shipping of goods and other products, whether (3) One of the commissioners shall be appointed at AN ACT To enact R.S. 40:431.1, relative to the Jefferson by rail, truckline, bargeline, or otherwise, for the large by the mayors of the remaining municipalities Parish Housing Authority; to authorize the use of facilities administered by the commission or in such parish. (4) One of the commissioners shall be appointed housing authority to levy a tax under certain any part or portion thereof for a period of time not circumstances; to provide procedures for the exceeding ninety-nine years. However, no exclusive at large by the parish governing authority of such parish. imposition of such tax; to provide for the use of franchise shall be granted to any carrier. B. The commission shall also have the authority to E. Each commissioner shall serve terms such tax; and to provide for related matters. Notice of intention to introduce this Act has been sell, lease, or otherwise dispose of, by suitable and concurrent with the terms of the appointing appropriate contract, to any enterprise locating or authorities. published. existing within its port area, all or any part of an F. In the event that any commissioner ceases to be Be it enacted by the Legislature of Louisiana: Section 1. R.S. 40:431.1 is hereby enacted to read industrial plant site, industrial plant building, or a commissioner for any reason, his successor shall other property owned by the commission, subject be appointed in the same manner as the original as follows: §431.1. Jefferson Parish Housing Authority; only to the requirements of this Chapter. In appointment and shall serve for the remainder of determining the consideration for any contract to the unexpired term. power of taxation G. The board of commissioners shall elect from A. Notwithstanding any other provision of law to lease, sell, or otherwise dispose of lands, buildings, the contrary, the Jefferson Parish Housing Authority or other property of the commission, it may take among its members a president, who shall have no may levy and collect annually an ad valorem tax, as into consideration the value of the lands, buildings, vote except in the event of a tie vote, a vice president, authorized by the housing authority, subject to prior or other properties involved as well as the potential a secretary, and a treasurer, whose respective value of the economic impact of the industrial or duties shall be prescribed by the board. At the approval of the Jefferson Parish Council. B. The amount of the annual tax or fee shall be business enterprise being induced to locate or option of the board of commissioners, the offices requested by duly adopted resolution of the board expand within the port area. Such economic impact of the secretary and treasurer may be held by one of commissioners of the housing authority, and the shall include increased employment, increased person. The board of commissioners shall meet use of local labor, wages and salaries to be paid, in regular session once each month and shall also amount of the tax shall not exceed one-half mill. C.(1) A tax shall be imposed only after the question consumption of local materials, products and meet in special session at the call of the president of its imposition has been approved by a majority of resources and special tax revenues to be generated of the commission or on the written request of four registered voters of the parish voting at a regularly by the industrial or business enterprise acquiring members of the board. A majority of the members scheduled primary or general election held for that or leasing lands, buildings, or other property from of the board of commissioners shall constitute a purpose in accordance with the Louisiana Election the commission. Any lease may be for a term not quorum, and all actions or resolutions of the board Code. No other election shall be required except as exceeding ninety-nine years and may contain an shall be approved by the affirmative vote of not option to purchase by the lessee. less than a majority of the members of the board provided by this Subsection. C. The resolution or ordinance adopted by the at the meeting. The board of commissioners shall (2) The tax shall expire at the time provided in the proposition authorizing the tax, not to exceed eight commission authorizing any lease, sale, or other prescribe rules governing its meetings and shall fix years from its initial imposition, however the tax disposition of lands, buildings, or other property a place at which the meetings shall be held. H. The board of commissioners may authorize a may be renewed as provided for in Paragraph (1) of of the commission shall set forth, in a general way, the terms of the authorized lease, sale, or other reasonable travel allowance for its members in the this Subsection. D. The tax shall be collected in the same manner disposition, and such resolution or ordinance shall performance of their official duties. The board of and at the same time as all other ad valorem taxes be published as soon as possible in one issue of the commissioners may further reimburse its members on property subject to taxation by the parish are official journal of the commission. For a period of for actual expenses incurred in the performance of thirty days from the date of publication of any such their official duties on behalf of the port. It may levied and collected. THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underPAGE 505 scored (House Bills) and underscored and boldfaced (Senate Bills) are additions. those fees in the Consolidated Judicial Expense Fund or the Clerk’s Salary Fund. Section 4. Section 8(A)(1) as enacted by Act No. 621 of the 2006 Regular Session of the Legislature is hereby amended and reenacted to read as follows: * * * Section 8.(A)(1)(a) Effective January 1, 2009, a separate account is hereby established in the Consolidated Judicial Expense Fund or the Clerk’s Salary 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. (b) 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 and with the administration of the civil courts. The separate account shall be audited annually, and a copy of the report furnished to the legislative auditor as provided by law. * * * Section 5. Sections 2 and 4 of this Act shall become effective on January 1, 2009. Section 6. Sections 1, 3 and this Section shall become effective on August 15, 2008.

E. The proceeds of such tax shall be used solely and exclusively for the purpose and benefit of the housing authority; however, the parish may retain one percent of the amount collected as a collection fee.

employ such officers, agents, and employees as it finds necessary in the performance of its duties, and it may prescribe the duties, powers, and compensation of the officers, agents, and employees. The board of commissioners, on terms as it agrees upon, may contract for legal, financial, engineering, and other professional services necessary or expedient in the conduct of its affairs, and, on terms and conditions mutually agreeable, may utilize the services of other executive departments of the state. I. The board of commissioners shall exercise the powers herein conferred upon it within the respective parish, excluding any privately owned port facility. J.(1) The board of commissioners shall regulate the commerce and traffic within the respective parish in a manner that is, in its judgment, in the best interests of the state. (2) The board shall have charge of and administer public wharves, docks, sheds, and landings. It may: (a) Construct or acquire and equip wharves, landings, and other structures useful for the commerce of the port and provide mechanical facilities therefor. (b) Erect sheds or other structures on the wharves and landings. (c) Provide light, water, police protection, and other services for its facilities as it deems advisable. (d) Construct or acquire, maintain, and operate basins, locks, canals, warehouses, and elevators. (e) Charge for the use of all facilities administered by it and for all services rendered by it. (f) Establish fees, rates, tariffs, or other charges as it deems fit. (g) Establish harbor lines within the port area by agreement with the United States Army Corps of Engineers. (h) Construct, own, operate, and maintain terminal rail facilities and other common carrier rail facilities for the purpose of rendering rail transportation to and from the facilities to be erected, owned, and operated by the port in both intrastate and interstate commerce. (3) Title to all property and improvements acquired by the port shall rest in the port. K. The board of commissioners may make and enter into contracts, leases, and other agreements with railroads, trucking companies, and barge lines and with any and all companies interested in the transportation, storage, and shipping of goods and other products, whether by rail, truck line, barge line, or otherwise, for the use of facilities administered by the board or any part or portion thereof for a period of time not exceeding forty years. However, no exclusive franchise shall be granted to any carrier. L. The board of commissioners may make and enter into contracts, leases, and other agreements with any political subdivisions in the respective parish, for the management and operation of port and ancillary facilities. This right shall include the construction and operation of warehouses, storage facilities, and other buildings used in connection with the port. M. The board of commissioners is authorized to make and construct any of the works of public improvements in the port and anything in connection therewith which may be necessary or useful for the business of the board, to purchase machinery or materials and equipment for performing the work and to supervise the making of the same or to make and construct the works through contracts with others, and generally to do all other acts necessary or proper to carry out the powers vested in it with regard to works of public improvement. N. With the approval of the State Bond Commission, the board of commissioners may incur debts for its lawful purposes and issue in its name negotiable bonds or notes therefor and pledge for the payment of the principal and interest of such negotiable bonds or notes the revenues derived from the operation of properties and facilities maintained and operated by it or received by the board from any taxes authorized under this Section or from other sources; however, the amount of such THE ADVOCATE PAGE 506

bonds or notes outstanding at any one time shall not exceed ten million dollars. In addition to the pledge of revenues to secure the bonds and notes, the board of commissioners may further secure their payment by conventional mortgage upon any or all of the properties constructed or acquired or to be constructed or acquired by it. The board of commissioners also may receive, by gift, grant, donation, or otherwise, any sum of money, aid, or assistance from the United States, the state of Louisiana, or any political subdivision thereof, and, unless otherwise provided by the terms of such gift, grant, or donation, in its discretion may pledge all or any part of such monies for the further securing of the payment of the principal and interest of its bond or notes. O. The board of commissioners, on behalf of the port may, as an additional grant of authority, incur debt and issue negotiable general obligation bonds to finance any of its authorized purposes, with the approval of the State Bond Commission a majority of those voting in an election called and held for that purpose in accordance with the procedures set forth in Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended. Said general obligation bonds shall be issued in the form and manner and subject to the limitations, restrictions, and provisions contained in Part III, Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and shall be sold in the manner subject to the provisions of Chapter 13 of Title 39 of the Louisiana Revised Statutes of 1950. P. For a period of thirty days after the date of the adoption of any resolution or ordinance of the board of commissioners authorizing the issuance of its bonds or notes, any person interested may test the legality of the resolution or ordinance, after which time no one shall have any cause of action to contest the regularity, formality, or legality of the resolution or ordinance or to draw in question the legality for any cause whatever, and it shall be conclusively presumed that every legal requirement has been complied with and no court shall have authority to inquire into the matters after the lapse of thirty days. Q. Any bonds issued in accordance with the provisions of this Section shall be sold to the highest bidder, at a public sale, for not less than par and accrued interest, after advertisement once a week for not less than thirty days by the board of commissioners in the manner prescribed by R.S. 39:1426. If, after advertisement as hereinabove provided, no bids are received or if the bids as received are considered in the discretion of the board of commissioners to be unsatisfactory, the board may publicly negotiate for the sale of the bonds. R. The prohibition contained in R.S. 43:111 against advertising in any newspaper, book, pamphlet, or periodical shall not apply to the board of commissioners of any port created under the provisions of this Section in carrying out its functions and duties under the constitution and laws of this state. Approved by the Governor, July 8, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 871 --SENATE BILL NO. 736 BY SENATOR MORRISH AN ACT To enact R.S. 33:3819(E), relative to the Jefferson Davis Parish Water and Sewer Commission No. 1; to authorize an increase in the per diem paid to the board of commissioners of the district; and to provide for related matters. Notice of intention to introduce this Act has been published. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 33:3819(E) is hereby enacted to read as follows: * As it appears in the enrolled bill

§3819. Meetings of commissioners; meeting place; absences; compensation * * * E. Notwithstanding the provisions of Subsection A of this Section, the governing authority of the parish of Jefferson Davis may authorize the treasurer of the Jefferson Davis Parish Water and Sewer Commission No. 1 to pay the commissioners of the district a per diem not to exceed one hundred dollars for attending meetings of the board for a maximum of twenty-four meetings per year and for each special meeting not to exceed twelve special meetings per year. Any increase in compensation or increase in reimbursement of any kind to members of the board of commissioners must be approved by a two-thirds vote of the members of the board after public hearing, which has been advertised in the official journal of the commission on at least two separate occasions within a period of fifteen days preceding the meeting at which the vote is taken. This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State -------ACT No. 872 --SENATE BILL NO. 755 BY SENATORS HEBERT AND MURRAY AND REPRESENTATIVE SAM JONES AN ACT To enact R.S. 40:600.66(A)(7) and (B), relative to the Louisiana Road Home Housing Corporation Act; to provide for the powers and responsibilities of the Road Home Corporation and the Louisiana Land Trust; to provide for the binding effect on certain appraisals; to prohibit certain forced sales of property; to provide for review of certain decisions of the office of community development; to provide for certain uses of Road Home funds; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 40:600.66(A)(7) and (B) are hereby enacted to read as follows: §600.66. Powers and responsibilities of the Road Home Corporation and the Louisiana Land Trust A. In addition to the powers granted it by the general Nonprofit Corporation Law, Title 12 of the Louisiana Revised Statutes of 1950, as amended, the Road Home Corporation shall have the power to undertake any project, in adherence to the policy guidelines for rebuilding, recovery, and land use management set forth by the Louisiana Recovery Authority, to provide for the financing thereof as administered by the office of community development, and in connection therewith: * * * (7) In connection with Road Home grant postclosing regulatory compliance reviews being conducted by the Louisiana Recovery Authority and the office of community development, as to any Road Home applicant who has on or before June 10, 2008, exhausted his remedies of appealing to the Road Home Appeals Panel and further to the office of community development and for whom a decision was issued by the office of community development on or before June 10, 2008, denying the relief sought by the Road Home applicant through his appeal, the Louisiana Recovery Authority and the office of community development shall provide the applicant the opportunity to have the applicant’s grant file reviewed by the third person or agency contracted by the division of administration to conduct the post-closing regulatory compliance reviews. The applicant shall be afforded the opportunity to receive any grant award or additional disbursement which the review process discloses were eligible amounts which should have been awarded. B. Housing assistance rendered by the Road Home Corporation or the Louisiana Land Trust or rendered through any other housing assistance

CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

program under the provisions of this Chapter shall be subject to the following: (1) Any certified property appraisal or market analysis conducted by the Road Home Corporation or the Louisiana Land Trust shall be binding on the corporation. If more than one certified property appraisal or market analysis is rendered, the property owner shall receive assistance based upon the higher certified appraisal value or the analysis most favorable to the property owner. (2) No individual shall be required to sell property in excess of five acres if the property was unimproved land or was regularly used in farming operations immediately prior to hurricanes Katrina or Rita. (3) No individual shall be required to sell property in which the individual holds an undivided ownership interest with family members as legal heirs to such property. (4) No individual shall be required to sell property in which the individual has a divided interest in the property which is contiguous to five or more acres owned by the individual and his immediate family. Section 2. Any funds expended in support of the activities provided in R.S. 40:600.66(B) shall be limited to expenditures of Community Development Block Grant monies pursuant to supplemental appropriations authorized by the United States Congress through the U.S. Department of Housing and Urban Development (HUD) to the state of Louisiana under the provisions of P.L. 109-148, P.L. 109-234, or P.L. 110116. Section 3. Within thirty days of the effective date of this Act, the Louisiana Recovery Authority is hereby authorized and directed to prepare an Action Plan Amendment for implementing the provisions of R.S. 40:600.66(B) as provided in Section 1 of this Act, which Action Plan Amendment shall be submitted for the review and approval of the governor, the Joint Legislative Committee on the Budget, and the legislature, all in accordance with the provisions of P.L. 109-148, P.L. 109-234, or P.L. 110-116 and in accordance with the provisions of R.S. 49:220.5, which Action Plan Amendment shall be submitted to the U.S. Department of Housing and Urban Development for its review and approval. Section 4. Sections 2 and 3 of this Act shall become effective only if and when such Action Plan Amendment for implementing the provisions of R.S. 40:600.66(B) as provided in Section 1 of this Act is approved by the U.S. Department of Housing and Urban Development. Section 5. 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. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State --------

magistrates and their duties and offices; to provide terms, conditions, and procedures; to provide for an effective date; to repeal certain provisions relative to the consolidation of the clerks of the civil and criminal district courts and the civil and criminal sheriffs, all of the parish of Orleans; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. Sections 19(A), 21(C), 22, 23(C) and (D) and 30 of Act No. 621 of the 2006 Regular Session of the Legislature are hereby amended and reenacted and Section 19(C) of Act No. 621 of the 2006 Regular Session of the Legislature is hereby enacted to read as follows: 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 December 31, 2014. * * * (C) Notwithstanding any other provision of law to the contrary in this Act, when the Forty-First Judicial District Court comes into existence, the judges elected to the Civil District Court for the parish of Orleans, the judges elected to the Criminal District Court for the parish of Orleans, and the magistrate judge shall finish the term of office for which they were elected, as judges of the Forty-First Judicial District Court. * * * Section 21. * * * (C) Section 2 of this Act shall become effective on January 1, 2009 December 31, 2014. 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 December 31, 2014, 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. * * * (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 2014 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 2014 takes office. * * * 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 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 ACT No. 873 collected in accordance with these provisions. --On or after January 1, 2009, the sixty percent in SENATE BILL NO. 166 R.S. 13:841.3 may be renegotiated by the clerk and BY SENATOR MURRAY chief judge of the Forty-First Judicial District AN ACT Court, but shall not be reduced below fifty percent To amend and reenact Sections 19(A), 21(C), of the civil filing fees collected by the clerk. 22, 23(C) and (D) and 30 of Act No. 621 of the 2006 Section 2. R.S. 9:203(E)(6) is hereby enacted to Regular Session of the Legislature and R.S. read as follows: 13:751.1(A)(2), and to enact Section 19(C) of Act No. §203. Officiant; judges and justices of the peace 621 of the 2006 Regular Session of the Legislature * * * and R.S. 9:203(E)(6), relative to the civil and E. criminal district courts in and for Orleans Parish; * * * to provide relative to consolidation of certain (6) A judge of a district court of the United States courts; to provide relative to the Forty-First whose official duty station includes a municipality Judicial Court; to provide for authority of judges having a population in excess of four hundred of certain district courts of the United States seventy thousand according to the latest decennial to perform a marriage ceremony for a specific census may perform marriage ceremonies within period of time; to provide relative to judges and his official duty station. The authority granted * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

by this Paragraph shall only be effective from November 1, 2008, through November 30, 2008. Section 3. R.S. 13:751.1(A)(2) is hereby amended and reenacted to read as follows: §751.1. Clerk of the Forty-First Judicial District Court A. * * * (2) Beginning on the date that the judges elected to serve on the Forty-First Judicial District Court take office on January 1, 2009 January 1, 2015, 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. * * * Section 4.(A) The judges elected to take office on January 1, 2009, and presiding over Divisions A through N of the Civil District Court for the parish of Orleans shall continue to preside over those divisions until December 31, 2014, at which time they 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. (B) The judges elected to take office on January 1, 2009, and presiding over Sections A through L of the Criminal District Court for the parish of Orleans shall continue to preside over those sections until December 31, 2014, at which time they 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. (C) The magistrate judge elected to take office on January 1, 2009, and presiding over the magistrate section of the Criminal District Court for the parish of Orleans shall continue to preside over that magistrate section until December 31, 2014, at which time he shall preside over the magistrate division of the Forty-First Judicial District Court. The magistrate judge shall continue to serve until the thirty-first day of December of the year in which his term expires. (D) The four magistrate commissioners appointed to the Criminal District Court for the parish of Orleans shall continue to preside in those magistrate commissioner sections until December 31, 2014, at which time they shall preside in the magistrate commissioner divisions of the Forty-First Judicial District Court. The magistrate commissioners shall continue to serve until the thirtieth day of June of the year in which their terms expire. Section 5.(A) 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 Salary Fund. The remaining funds shall be deposited in the Consolidated Judicial Expense Fund. (B) Until a single clerk for the Forty-First Judicial District Court is elected, as it relates to the collection of civil filing fees only, the clerk shall mean the clerk of the Civil District Court and the clerk of the Criminal District Court. Section 6. The provisions of this Act shall supersede and control to the extent of any conflict with the Act that originated as Senate Bill No. 625 of the 2008 Regular Session of the Legislature. Section 7. 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. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 507

ACT No. 874 --SENATE BILL NO. 224 BY SENATOR SHEPHERD AN ACT To enact R.S. 40:531(E) and (F), relative to commissioners for local housing authorities; to provide for the appointment of tenant commissioners to local housing authorities; to prohibit certain persons from serving as a commissioner; to authorize the payment of per diem to commissioners; to provide for an effective date; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 40:531(E) and (F) are hereby enacted to read as follows: §531. Appointment of commissioners to local housing authority * * * E.(1) The legislature hereby finds and declares that it is a matter of public policy and concern that a tenant and a landlord of a local housing authority development or recipient of other assistance from such authority shall be a commissioner of the authority and serve in accordance with R.S. 40:536 and any other applicable provision of law. (2) The tenant commissioner and the landlord commissioner each shall recuse himself from participating in a matter which would be in violation of R.S. 42:1112. (3) The tenant commissioner shall be chosen from a list of names submitted to the appointing authority by tenants of a local housing authority development. However, no tenant of a local housing authority shall become or remain a tenant commissioner if delinquent in rental or lease payments to the housing authority. F. The local housing authority may permit a per diem to each member of the commission of the local housing authority in an amount of not less than seventy-five dollars for each day of his attendance at meetings of the commission from funds of the local housing authority. Section 2. The tenant commissioner who is first appointed after the effective date of this Act shall immediately replace the commissioner closest to the end of his term and if more than one commissioner is involved, then they shall draw lots to determine which commissioner is replaced. Section 3. The provisions of this act shall be applicable beginning on and after May 1, 2009. Section 4. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to 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. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 875 --SENATE BILL NO. 233 BY SENATOR MOUNT AN ACT To amend and reenact R.S. 42:2 and to enact R.S. 42:3.2, relative to term limits for members of certain boards and commissions; to prohibit any person appointed or elected to a board or commission within the executive branch of state government from serving in such a position for more than a specified portion of a specified number of consecutive terms or for more than a specified number of consecutive years; to provide for a limit on service on more than one such board; to provide exceptions; and to provide for related matters. Be it enacted by the Legislature of Louisiana: THE ADVOCATE PAGE 508

Section 1. R.S. 42:2 is hereby amended and reenacted and R.S. 42:3.2 is hereby enacted to read as follows: §2. Public officer to hold office until successor inducted Every public officer in this state except in case of impeachment, or suspension, or meeting the term limitations set forth in R.S. 42:3.2, shall continue to discharge the duties of his office until his successor is inducted into office. * * * §3.2. Limitation of terms of members of boards and commissions A.(1)(a) Notwithstanding any provision of law to the contrary, no person appointed or elected to a board or commission within the executive branch of state government who has served for more than two and one-half terms in three consecutive terms shall be elected or appointed to the succeeding term, unless another term limit is provided by law. (b) Notwithstanding any provision of law to the contrary, no person appointed to a board or commission within the executive branch of state government serving at the pleasure of an appointing authority shall serve more than twelve consecutive years. (2)(a) Notwithstanding any provision of law to the contrary, no person who has served as a member of any one or more boards or commissions in the executive branch of state government for two and one-half terms in three consecutive terms combined shall serve as a member of any board or commission in the executive branch of state government for a period of at least two years after the completion of such consecutive terms of service. (b) Notwithstanding any provision of law to the contrary, no person who has served as a member of any one or more boards or commissions in the executive branch of state government for twelve consecutive years combined shall serve as a member of any board or commission in the executive branch of state government for a period of at least two years after the completion of such twelve consecutive years of service. B. The provisions of this Section shall not apply to any person serving on a board or commission within the executive branch of state government on August 15, 2008, except that it shall apply to any term of service of any such person that begins after August 15, 2008, and it shall apply to service of any such person at the pleasure of an appointing authority pursuant to an appointment that is made after August 15, 2008. C. The provisions of this Section shall not prohibit any person from serving as a member of a board or commission if such membership is by virtue of another office to which he is elected or appointed. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State --------

ACT No. 876 --SENATE BILL NO. 286 BY SENATOR DUPLESSIS AND REPRESENTATIVES ABRAMSON, ANDERS, ARMES, ARNOLD, AUBERT, AUSTIN BADON, BOBBY BADON, BALDONE, BARRAS, BILLIOT, BURFORD, HENRY BURNS, TIM BURNS, BURRELL, CARMODY, CARTER, CHAMPAGNE, CHANDLER, CHANEY, CONNICK, CROMER, DANAHAY, DIXON, DOERGE, DOWNS, EDWARDS, ELLINGTON, FANNIN, FOIL, GALLOT, GISCLAIR, ELBERT GUILLORY, MICKEY GUILLORY, HARDY, HARRISON, HAZEL, HENDERSON, HENRY, HILL, HINES, HOFFMANN, HONEY, HOWARD, HUTTER, GIROD JACKSON, JOHNSON, ROSALIND JONES, SAM JONES, KATZ, LABRUZZO, LAFONTA, LEBAS, LEGER, LIGI, LITTLE, LOPINTO, MILLS, MONICA, MONTOUCET, MORRELL, NORTON, PEARSON, PERRY, PETERSON, POPE, PUGH, RICHARDSON, RICHMOND, RITCHIE, ROBIDEAUX, SCHRODER, SIMON, * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored
(House Bills) and underscored and boldfaced (Senate Bills) are additions.

SMILEY, GARY SMITH, JANE SMITH, PATRICIA SMITH, ST. GERMAIN, TALBOT, TEMPLET, TRAHAN, TUCKER, WADDELL, WILLIAMS AND WILLMOTT AN ACT To amend and reenact R.S. 17:24.10(B)(2), (D), (H)(2), and (I)(1)(a)(i) and (5) and to enact R.S. 17:24.10(I)(1)(a)(iii), relative to early childhood education; to provide relative to universal access to the Cecil J. Picard LA 4 Early Childhood Education Program; to provide for timelines and eligibility requirements; to provide for participation by non-school system providers; to provide for local school system duties and responsibilities; to provide for reporting requirements; to provide relative to funding; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 17:24.10(B)(2), (D), (H)(2), and (I)(1)(a)(i) and (5) are hereby amended and reenacted and R.S. 17:24.10(I)(1)(a)(iii) is hereby enacted to read as follows: §24.10. The Cecil J. Picard LA 4 Early Childhood Program; early childhood development and enrichment activity classes; establishment; eligibility; requirements; funding; study * * * B. * * * (2)(a) LA 4 classes shall be provided at no cost, except for the applicable lunch cost, to the child or his family for any eligible child who is eligible to receive free or reduced price meals pursuant to the federal child nutrition program as documented by a completed application for such meals whether or not such meals are sought. (b)Any Prior to the beginning of the 2013-2014 school year, any other eligible child may be charged a tuition for all or part of the LA 4 class, in an amount not to exceed that necessary for the system to provide the LA 4 class to the child and, in any case, no more than the average amount expended per pupil on those children from whom no tuition may be required, excluding any amount attributable to the provision of classroom space and utility costs. Such tuition may be scaled and imposed according to a student’s family income in compliance with a rule of the State Board of Elementary and Secondary Education, referred to in this Section as the “state board”. (c) Subject to the appropriation of funds for this purpose and for the 2009-2010 school year, LA 4 classes shall be provided at no cost, except for the applicable lunch cost, to the child or his family for any eligible child whose family income is classified at or below three hundred percent of the poverty level based on the United States federal poverty guidelines published annually by the United States Department of Health and Human Services. (d) Subject to the appropriation of funds for this purpose and for the 2010-2011 school year, LA 4 classes shall be provided at no cost, except for the applicable lunch cost, to the child or his family for any eligible child whose family income is classified at or below three hundred fifty percent of the poverty level based on the United States federal poverty guidelines published annually by the United States Department of Health and Human Services. (e) Subject to the appropriation of funds for this purpose and for the 2011-2012 school year, LA 4 classes shall be provided at no cost, except for the applicable lunch cost, to the child or his family for any eligible child whose family income is classified at or below four hundred percent of the poverty level based on the United States federal poverty guidelines published annually by the United States Department of Health and Human Services. (f) Subject to the appropriation of funds for this purpose and for the 2012-2013 school year, LA 4 classes shall be provided at no cost, except for the applicable lunch cost, to the child or his family for any eligible child whose family income is classified at or below four hundred fifty percent of the poverty level based on the United States federal poverty guidelines published annually by the United States Department of Health and Human Services.

(g) Subject to the appropriation of funds for this purpose and beginning with the 2013-2014 school year and continuing thereafter, LA 4 classes shall be provided at no cost, except for the applicable lunch cost, to every eligible child, without regard to income level. * * * D. Each participating school system shall: (1)(a)(i) Beginning with the 2009-2010 school year and continuing thereafter, use at least ten percent of the total increase in LA 4 funding received each year in excess of the amount received during the 2008-2009 school year to provide the early childhood education program component of LA 4 classes through collaborative agreements with non-school system providers of early childhood education that serve children residing within the geographic boundaries of the participating school system and that meet the definition of a “child care facility” as provided in R.S. 47:6102(2) and has attained the minimum quality rating required to be eligible to participate in the program as established by the state board. (ii) Such collaborative agreements may include but shall not be limited to the following options: (aa) The participating school system may lease physical space from a non-school system provider for a LA 4 class. (bb) The participating school system may provide a lead teacher with the non-school system provider supplying the physical space and all other personnel, materials, or supplies needed to meet LA 4 program requirements. (cc) The non-school system provider supplies the physical space and all of the teaching and ancillary personnel, materials, and supplies needed to meet LA 4 program requirements. (b)(i) Participating school systems shall explore all feasible supports to enable non-school system providers of early childhood education to meet the requirements of the LA 4 program, including providing teachers employed by the school system to teach LA 4 classes in non-school system provider settings, provided such teachers are certified to serve as a lead teacher in accordance with Paragraph (C)(3) of this Section. (ii) A non-school system provider of early childhood education that serves children residing within the jurisdiction of a participating city, parish, or other local public school system and that wishes to participate in the LA 4 program shall apply to the city, parish, or other local public school board of such school system in accordance with the timelines and regulations established by the state board. Such application shall, at a minimum, include the following information: (aa) Verification that the applicant is a provider of early childhood education that meets the definition of a “child care facility” as provided in R.S. 47:6102(2) and has attained the minimum quality rating required to be eligible to participate in the program as established by the state board. (bb) Documentation that the provider meets the requirements for participation in the program as provided by state law and state board regulation. (cc) Documentation relative to the provider’s organizational, governance, and operational structure. (dd) Documentation relative to the provider’s policies, programs, and practices in place to ensure parental involvement. (ee) Documentation relative to the provider’s personnel policies and employment practices. (ff) Documentation relative to the provider’s rules and regulations applicable to children, including disciplinary policies and procedures. (gg) Documentation relative to the adequacy of the provider’s facilities and equipment. (hh) Documentation relative to the types and amounts of the provider’s insurance coverage. (ii) Documentation relative to applicable teacher certification requirements. (iii) The provisions of R.S. 17:15 shall be applicable to all employees of a non-school system provider of early childhood education that enters into a collaborative agreement with a city, parish, or other

scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

local public school board to provide LA 4 classes in a non-school system provider setting, and each nonschool system provider shall comply with all rules and regulations established by the participating school system pursuant to such law relative to criminal history review. (iv) A waiver of the requirement specified in Item (a)(i) of this Paragraph may be granted to a participating school system by the state board, after consultation with the secretary of the Department of Social Services, provided the participating school system provides documentation acceptable to the state board that it meets at least one of the following conditions: (aa) There are no non-school system providers of early childhood education located within the geographic boundaries of the participating school system that have attained the minimum quality rating required to be eligible to participate in the program as established by the state board. (bb) The participating school system did not receive an application from a non-school system provider of early childhood education seeking to collaborate in the provision of LA 4 classes. (cc) After a good faith effort, and for good cause shown, the participating school system and a nonschool system provider are unable to reach an agreement regarding the provision of LA 4 classes in a non-school system provider setting. (v) The state board shall send written notification to a participating school system as to whether its application for a waiver has been granted. However, in no case shall a waiver be granted for more than one school year at a time. (vi) Notwithstanding any other provision of law, in any given school year the provisions of this Paragraph shall not apply to a participating school system with excess capacity in its LA 4 program nor shall such a system be required to seek or be granted a waiver from the state board from such requirements. (1)(2) Submit an application at the time, in the form, and with the content required by state board rule that includes, at a minimum: (a) A plan for advising the population of the availability of the LA 4 classes. (b) A detailed plan for the provision of LA 4 classes, including a plan for the provision of LA 4 classes in collaboration with non-school system providers of early childhood education as provided in Paragraph (1) of this Subsection. (c) An estimation of participation, including an estimate of the number of children within the system’s jurisdiction or participating segment within the jurisdiction who would be eligible for free or reduced price meals under the federal child nutrition law. (d) An estimated budget. (2)(3) Provide for resource coordination services which shall be available to LA 4 class students and their families to assist in supporting the needs of the student and their family, including such services as adult literacy services. Resource coordination services shall be provided at the level necessary for the students who would benefit from such assistance and their families to have such services readily available as determined by and in compliance with state board rule. (3)(4) Meet with all other governmentally funded providers of early childhood education which serve children residing within the jurisdiction of the system, including child care providers that participate in the Quality Rating System established by the Department of Social Services and federal programs such as Head Start, to discuss common issues and establish means to coordinate programs in such a way as to ensure that a high quality early childhood education program is available to the maximum number of children who would be eligible under this Section. Such meeting shall occur as often as necessary, but not less often than quarterly. (4)(5) Report any information required by the state board. (5)(6) Maintain in each year of participation pursuant to this Section the same total level of * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under-

funding from any source for programs or classes of early childhood education or child care provided in the year prior to such participation. (6)(7) Provide written notice to the parent or guardian of every enrolled student of the availability of enrichment activities for the students before and after the early childhood education portion of the day for a total of ten hours per day, except in any year when the system has been granted a waiver from making such activities available pursuant to Item (C)(1)(c)(i) of this Section. * * * H. The state Department of Education shall: * * * (2) Require statistical reporting and other documentation and reporting as is required for primary grades, including information on the number of children participating in LA 4 classes provided by non-school system providers of early childhood education. * * * I.(1)(a)(i) Except as provided in Item (ii) of this Subparagraph, out of funds appropriated for such purposes from whatever source, the state Department of Education shall provide an amount of funding based upon the per pupil amount defined in this Subsection multiplied by the estimated number of students for the year who will be eligible to receive free or reduced price meals, or to attend LA 4 classes at no cost, other than the applicable lunch cost, as calculated in accordance with the provisions of Paragraph (B)(2) of this Section for whom early childhood development classes are being provided by the system for the first time as a result of the system’s participation in the program. The per pupil amount in any year shall be based upon the total amount of money actually expended by all participating systems as authorized by this Section for LA 4 classes, excluding the cost of providing classroom space and utilities, divided by the number of students actually participating in accordance with the amount of money appropriated for the purpose of this Section and the minimum amount necessary to provide a high quality program as required in this Section. Funding for the enrichment activities provided during the before and after school session time shall be provided only for the number of eligible students actually participating in those activities. * * * (iii) No LA 4 funding in excess of the amount received for the 2008-2009 school year shall be allocated to a participating school system that has failed to comply with the provisions of Subparagraph (D)(1)(a) of this Section, unless the participating school system has been granted a waiver as provided in Subparagraph (D)(1)(b) of this Section or the provisions of Item(D)(1)(a)(vi) of this Section apply. * * * (5)(a) At any time that less money is appropriated than is required for full funding of all eligible applications, applications shall be fully funded as provided in this Section until all available money has been committed for expenditure in the manner provided in Subparagraph (b) of this Paragraph. As provided in Subparagraph (b) of this Paragraph, LA 4 funding shall first be used to fully fund the provision of early childhood education services to children eligible to receive free or reduced priced meals pursuant to the federal child nutrition program. (b)(i) The department shall calculate the approximate percentage of the total number of children in the state who will be eligible to enter public school kindergarten pursuant to R.S. 17:151.3 in the following year, who will be eligible to receive free or reduced price meals pursuant to the federal child nutrition program, who are not likely to be enrolled in an early childhood education class, based on the level of the enrollment in such classes in the previous school year, and who can be enrolled in LA 4 classes as provided in this Section with the money available for such purpose. THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 509

(ii) An amount of the total money available shall be set aside to provide LA 4 classes for the same percentage as that calculated pursuant to Item (i) of this Subparagraph of the total number of children in each State Board of Elementary and Secondary Education election district who will be eligible to enter public school kindergarten pursuant to R.S. 17:151.3 in the following year, who will be eligible to receive free or reduced price meals pursuant to the federal child nutrition program, and who are not likely to be enrolled in an early childhood education class, based on the level of the enrollment in such classes in the previous school year. (iii)(aa) After sufficient funding has been made available to provide LA 4 classes at no cost, except for the applicable lunch cost, to all eligible children as provided in Items (i) and (ii) of this Subparagraph, the same method of calculation employed in Items (i) and (ii) of this Subparagraph shall be applied to provide funding for eligible children from a family whose income is classified at or below three hundred percent of the poverty level based on the United States federal poverty guidelines published annually by the United States Department of Health and Human Services. (bb) After sufficient funding has been made available to provide LA 4 classes at no cost, except for the applicable lunch cost, to all eligible children as defined in Subitem (aa) of this Item, the same method of calculation employed in Items (i) and (ii) of this Subparagraph shall be applied to provide funding for eligible children from a family whose income is classified at or below three hundred fifty percent of the poverty level based on the United States federal poverty guidelines published annually by the United States Department of Health and Human Services. (cc) After sufficient funding has been made available to provide LA 4 classes at no cost, except for the applicable lunch cost, to all eligible children as defined in Subitem (bb) of this Item, the same method of calculation employed in Items (i) and (ii) of this Subparagraph shall be applied to provide funding for eligible children from a family whose income is classified at or below four hundred percent of the poverty level based on the United States federal poverty guidelines published annually by the United States Department of Health and Human Services. (dd) After sufficient funding has been made available to provide LA 4 classes at no cost, except for the applicable lunch cost, to all eligible children as defined in Subitem (cc) of this Item, the same method of calculation employed in Items (i) and (ii) of this Subparagraph shall be applied to provide funding for eligible children from a family whose income is classified at or below four hundred fifty percent of the poverty level based on the United States federal poverty guidelines published annually by the United States Department of Health and Human Services. (iii)(iv) The date and time of receipt of all applications shall be noted by the department. All eligible applications shall be divided among the State Board of Elementary and Secondary Education election districts. The earliest received eligible application from each district shall be funded in preference to the second earliest eligible application. This process of funding by date and time of eligible application shall continue until all available funding has been committed for expenditure. (iv)(v) In the case that any single applicant is located in more than one State Board of Elementary and Secondary Education election district, that applicant shall be assigned to the election district in which it predominates. (v)(vi) Should any single applicant have a sufficient number of children who will be eligible to enter public school kindergarten pursuant to R.S. 17:151.3 in the following year, who will be eligible to receive free or reduced price meals pursuant to the federal child nutrition program or who meet the income requirements as provided in Item (iii) of this Subparagraph, and who, based THE ADVOCATE PAGE 510

on the level of the enrollment in early childhood classes in the previous school year, are not likely to be enrolled in such classes such that providing funding for such children to be enrolled in LA 4 classes equal to the percentage calculated pursuant to Item (i) of this Subparagraph would consume more than the amount of funding set aside for that election district, then the applicant shall divide into the maximum number of groups provided for and in the manner provided by Subsection F of this Section. Each such group shall be considered a different applicant from the same election district. * * * Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State --------

ACT No. 877 --SENATE BILL NO. 416 BY SENATOR MURRAY AN ACT To amend and reenact Chapter 5 of Title 12 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 12:501 through 520, relative to unincorporated associations; to define certain terms; to provide that unincorporated associations can acquire, encumber, and transfer interests in movable and immovable property; to provide that statements of authority be filed where an unincorporated association transfers immovable property; to limit the liability of members of an unincorporated association in contract and in tort; to provide that unincorporated associations have capacity to sue and be sued; to provide for the disposition of property of an inactive unincorporated association; to provide a procedure for the appointment of an agent for service of process of an unincorporated association; to provide a procedure for the involuntary dissolution of an unincorporated association; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. Chapter 5 of Title 12 of the Louisiana Revised Statutes of 1950, comprised of R.S. 12:501 through 520, is hereby amended and reenacted to read as follows: CHAPTER 5. LOUISIANA UNINCORPORATED ASSOCIATIONS ASSOCIATION ACT §501. Definitions For the purposes of this Chapter, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) “Immovable property” includes, without limitation, mineral rights, predial servitudes, and predial leases. (2) “Member” means a person who, under the rules or practices of an unincorporated association, may participate in the selection of persons authorized to manage the affairs of the unincorporated association or in the development of policy of the unincorporated association. (3) “Person” means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (4) “State” means the state of Louisiana. (5) “Unincorporated association” means an unincorporated organization, other than one created by a trust, consisting of two or more members joined by mutual consent for a common, nonprofit purpose. However, co-ownership does not by itself establish an unincorporated association, even if the co-owners share use of the property for a nonprofit purpose. §502. Supplementary general principles of law Provisions of the Louisiana Revised Statutes of 1950, and other principles of law supplement this Chapter unless displaced by a particular provision of this Chapter. §503. Territorial application * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored
(House Bills) and underscored and boldfaced (Senate Bills) are additions.

Immovable and movable property in this state may be acquired, held, encumbered, and transferred by an unincorporated association, whether or not the unincorporated association or a member has any other relationship to this state. §504. Immovable and movable property; unincorporated association as legatee or beneficiary A. An unincorporated association is a legal entity separate from its members for the purposes of acquiring, holding, encumbering, donating and otherwise transferring immovable and movable property. B. An unincorporated association in its name may acquire, hold, mortgage, hypothecate, encumber, donate, or otherwise transfer its interest in immovable or movable property. C. An unincorporated association may be a beneficiary of a trust and has the capacity to receive donations inter vivos and mortis causa. §505. Statement of authority as to immovable property A. An unincorporated association may execute and file a statement of authority to mortgage, hypothecate, encumber, donate, or otherwise transfer an interest in immovable property in the name of the unincorporated association. B. An interest in immovable property held in the name of an unincorporated association may be mortgaged, hypothecated, encumbered, donated, or otherwise transferred by a person so authorized in a statement of authority filed in the conveyance records in the parish in which the immovable property is situated. C. A statement of authority shall set forth all of the following: (1) The name of the unincorporated association. (2) The federal tax identification number, if any, of the unincorporated association. (3) The address in this state, including the street address, if any, of the unincorporated association, or, if the unincorporated association does not have an address in this state, its address out of state. (4) The fact that it is an unincorporated association. (5) The name or title of a person authorized to transfer an interest in immovable property held in the name of the unincorporated association. (6) That the transaction was duly authorized by a majority of the members or otherwise in accordance with the bylaws or other governing documents of the unincorporated association as duly adopted by a majority of the members. D. A statement of authority shall be in the form of an authentic act and must be executed by a person who is not the person authorized to transfer the interest in immovable property. E. A filing officer may collect a fee for filing a statement of authority in the amount authorized for filing a transfer of immovable property. F. An amendment, including a cancellation, of a statement of authority shall meet the form requirements and be filed in the same manner as an original statement. Unless canceled earlier, a filed statement of authority or its most recent amendment is canceled by operation of law five years after the date of the most recent filing. G. If the record title to immovable property is in the name of an unincorporated association and the statement of authority is filed in the conveyance records in the parish in which the immovable property is situated, the authority of the person named in a statement of authority to transfer is conclusive in favor of a person who gives value without notice that the person lacks authority. §506. Liability in tort and contract A. An unincorporated association is a legal entity separate from its members for the purposes of determining and enforcing rights, duties, and liabilities in contract and tort. B. A person is not liable for a breach of an unincorporated association’s contract merely because the person is a member, is authorized to participate in the management of the affairs of the unincorporated association, is a person considered to be a member by the unincorporated association

or made the contract or incurred the obligation on behalf of the unincorporated association, if the fact that the person was acting for the unincorporated association was disclosed to, known by or reasonably should have been known by the other party to the contract or to the party owed performance. C. A person is not liable for a tortious act or omission for which an unincorporated association is liable merely because the person is a member, is authorized to participate in the management of the affairs of the unincorporated association, or is a person considered to be a member by the unincorporated association. D. A tortious act or omission of a member or other person for which an unincorporated association is liable is not imputed to a person merely because the person is a member of the unincorporated association, is authorized to participate in the management of the affairs of the unincorporated association, or is a person considered to be a member by the unincorporated association. E. A member of, or a person considered to be a member by, an unincorporated association may assert a claim against the unincorporated association. An unincorporated association may assert a claim against a member or a person considered to be a member by the unincorporated association. §507. Capacity to assert and defend; standing A. An unincorporated association, in its name, may institute, defend, intervene, or participate in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution. B. An unincorporated association may assert a claim in its name on behalf of its members if one or more members of the unincorporated association have standing to assert a claim in their own right, the interests the unincorporated association seeks to protect are germane to its purposes, and neither the claim asserted nor the relief requested requires the participation of a member. §508. Effect of judgment or order A judgment or order against an unincorporated association is not by itself a judgment or order against a member or a person authorized to participate in the management of the affairs of the unincorporated association. §509. Disposition of movable property of inactive unincorporated association If an unincorporated association has been inactive for three years, or for a longer or shorter period specified in a document of the association, a person in possession or control of movable property of the association may transfer custody of the property as follows: (1) If a document of an unincorporated association specifies a person to whom transfer is to be made under these circumstances, to that person. (2) If no person is so specified, to an unincorporated association or nonprofit corporation pursuing broadly similar purposes, or to a government or governmental subdivision, agency, or instrumentality. §510. Appointment of agent to receive service of process A. An unincorporated association may file in the office of the secretary of state a statement appointing an agent authorized to receive service of process. B. A statement appointing an agent shall set forth all of the following: (1) The name of the unincorporated association. (2) The federal tax identification number, if any, of the unincorporated association. (3) The address in this state, including the street address, if any, of the unincorporated association, or, if the unincorporated association does not have an address in this state, its address out of state. (4) The name of the person in this state authorized to receive service of process and the person’s address, including the street address, in this state. C. A statement appointing an agent shall be signed and acknowledged by a person authorized to manage the affairs of the unincorporated association. The statement shall also be signed and acknowledged by the person ‘s appointed agent, who thereby accepts

scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

the appointment. The appointed agent may resign by filing a resignation in the office of the secretary of state and giving notice to the unincorporated association. D. The secretary of state may collect a fee for filing a statement appointing an agent to receive service of process, an amendment, a cancellation, or a resignation in the amount charged for filing similar documents. E. An amendment to or cancellation of a statement appointing an agent to receive service of process shall meet the requirements for execution of an original statement. §511. Claim not abated by change A claim for relief against an unincorporated association is not affected merely by a change in its members or persons authorized to manage the affairs of the unincorporated association. §501 §512. Dissolution of unincorporated association An unincorporated association, whether fraternal, patriotic, charitable, benevolent, literary, scientific, athletic, military, educational, philanthropic, social, or formed for some other noncommercial purpose, may be involuntarily dissolved and liquidated subject to supervision by the court, under the circumstances set forth in this Chapter. §502 §513. Involuntary proceedings for dissolution and appointment of liquidator An involuntary proceeding for dissolution may be instituted against an unincorporated association by a member or by a creditor whose claim has been reduced to judgment, on which execution has been issued and returned “nulla bona”. §503 §514. Grounds for involuntary dissolution A. An unincorporated association may be dissolved and its assets liquidated by a courtappointed liquidator when any of the following occurs: (1) The association’s property has been abandoned for a period of at least one year; or. (2) By failure of the members for a period of at least one year to elect officers or directors, or the failure of the directors or officers for a period of at least one year to serve, so that there is no one authorized to take charge of or conduct its affairs; or. (3) The objects of the association have wholly failed, or are entirely abandoned, or their accomplishment is impracticable; or. (4) The officers or directors have been deadlocked for a period of at least one year in the management of the association’s affairs, and the members are unable to break the deadlock. B. The qualifications and duties of the liquidator shall be the same as those of a court-appointed liquidator of a nonprofit corporation, as set forth in R.S. 12:252. §504 §515. Continuation of purpose When any money or other property has been donated or contributed for certain purposes according to the uses, customs, tenets, or principles of any noncommercial, unincorporated association, whether fraternal, patriotic, charitable, benevolent, literary, scientific, athletic, military, educational, philanthropic, social, or formed for some other noncommercial purpose, those contributions to an unincorporated association, the dissolution of the association originally administering the contributions or donations shall not cause them to fail or their purposes be defeated as long as there is in this state a lodge, branch, society, association, or nonprofit corporation an unincorporated association or nonprofit corporation pursuing broadly similar purposes or a government or governmental subdivision, agency, or instrumentality capable of administering the funds or property for purposes germane to the purposes for which they were given. The dissolution of the association originally administering the contributions or donations shall not defeat those purposes. §505 §516. Disposition of assets The net assets of the unincorporated nonprofit association shall be disposed of in the same * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under-

manner as the net assets of a religious or charitable nonprofit corporation, as set forth in R.S. 12:249. Preference shall be accorded to state or local chapters, branches, or lodges of the same association, and then to associations or nonprofit corporations which were affiliated with the dissolved association, unless the articles or bylaws of the association expressly authorize some other disposition of its assets upon dissolution. §517. Short title This Chapter may be cited as the “Louisiana Unincorporated Association Act.” §518. Uniformity of application and construction This Chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter among states enacting it. §519. Severability clause If any provision of this Chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect any other provisions or applications of this Chapter which may be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable. §520. Savings clause This Chapter shall not affect an action or proceeding commenced or right accrued before this Chapter takes effect. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 878 --SENATE BILL NO. 573 BY SENATOR MICHOT AN ACT To amend and reenact R.S. 39:1490(B)(5), 1522, and 1526(A), relative to procurement; to provide for appeals under the Professional, Personal, Consulting, and Social Services Procedure Code; to clarify that an appeal to the First Circuit Court of Appeal or the Louisiana Supreme Court is authorized by law under the code; to provide for an effective date; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 39:1490(B)(5), 1522, and 1526(A) are hereby amended and reenacted to read as follows: §1490. Authority and duties of the office of contractual review * * * B. The office of contractual review shall adopt appropriate rules and regulations governing the procurement of professional, personal, consulting, and social services, specifically but not limited to rules and regulations governing: * * * (5) Opening of proposals, rejection of proposals, consideration of alternate proposals, and waiver of informalities in offers, and administrative protest and appeal procedures prior to the commencement of judicial actions. * * * §1522. Definition of court For the purpose of this Part Chapter, the term “court” means the Nineteenth Judicial District located in Baton Rouge and, in the event of an appeal from such a court, the First Circuit Court of Appeals Appeal located in Baton Rouge. * * * §1526. Jurisdiction; actions in certain cases A. The Nineteenth Judicial District Court, subject to appeal as provided by law or review by the Court of Appeal, First Circuit or the Supreme Court of Louisiana, as otherwise permitted in civil cases by law and the state constitution, shall have jurisdiction over any claims arising out of a request for proposal or award of a contract, any controversies involving the state, or any other matters in connection with a petition for review of a decision made pursuant to R.S. 39:1525 this THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 511

Chapter, following the exhaustion of administrative remedies as provided by law or regulation. * * * Section 2. This Act shall not apply to any claim or controversy arising out of any contract or agreement executed prior to August 1, 2008. Section 3. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to 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. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 879 --SENATE BILL NO. 613 BY SENATOR MURRAY AN ACT To amend and reenact R.S. 13:621.41(B)(1), (D), (E), (F)(1), (H)(1) and (3), 621.43, 621.44(A), 621.45(B), 1136, 1137, 1140(A) (introductory paragraph), (B) and (C), 1335, and 1336, and to enact R.S. 9:203(E)(6), relative to the district courts in the parish of Orleans; to provide for the civil district court in the parish of Orleans; to provide for the judges in the civil district court in the parish of Orleans; to provide for the criminal district court in the parish of Orleans; to provide for the judges in the criminal district court in the parish of Orleans; to provide for the Forty-First Judicial District Court; to provide for the judges and magistrates in the Forty-First Judicial District Court; to provide for the jurisdiction, elections, term of office, and powers of such courts; to provide for authority of judges of certain district courts of the United States to perform a marriage ceremony for a specific period of time; to extend the terms of office of the judges of the Orleans Parish Juvenile Court; to provide for legislative findings; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 13:621.41(B)(1), (D), (E), (F)(1), (H)(1) and (3), 621.43, 621.44(A), 621.45(B), 1136, 1137, 1140(A) (introductory paragraph), (B) and (C), 1335, and 1336 are hereby amended and reenacted to read as follows: §621.41. Forty-First Judicial District * * * B.(1) The judges of the Forty-First Judicial District Court by rule 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 juvenile court of the parish of Orleans is abolished and jurisdiction of that court is transferred to the Forty-First Judicial District Court. * * * D. The judges presently presiding over Divisions divisions A through N of the Civil District Court civil district court for the parish of Orleans shall preside over Divisions divisions A through N of the Forty-First Judicial District Court. The judges shall continue to serve until the thirtyfirst day of December of the year in which their terms expire. E. The judges presently presiding over Divisions divisions A through L of the Criminal District Court criminal district court for the parish of Orleans shall preside over Divisions divisions O through Z of the Forty-First Judicial District Court. The judges shall continue to serve until the THE ADVOCATE PAGE 512

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 municipal court and the Traffic Court 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 the 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 the court. The judges shall adopt rules regulating the manner of taking and hearing and deciding such appeals. * * * 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 civil district court for the parish and Criminal District Court criminal district court for the parish shall be transferred and be owned, possessed, controlled, and used by the Forty-First Judicial District Court. * * * (3) The employees of the Civil District Court civil district court for the parish and the Criminal District Court 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. * * * §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 not less than twenty-six law clerks, and at least not less than 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. §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 Orleans Parish Juvenile Court now in office shall be extended until December 31, 2014, and their successors shall be elected at the congressional election of the same year. 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, 2008 2014. * * *

§621.45. Forty-First Judicial District Court; initial judges; term of office; election; juvenile section * * * B. The judges of the Forty-First Judicial District Court in office on January 1, 2015, shall en banc create the Juvenile Section 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. * * * §1136. Civil District Court district court for the parish of Orleans; judges A. There shall be one Civil District Court civil district court for the parish of Orleans. It shall be composed of fourteen judges. The judges of Division division A through J of said court on July 1, 1979, shall continue to serve the terms for which they were elected. Their successors shall be elected by the qualified electors of the parish of Orleans for terms of six years. B. Divisions K and L of the Civil District Court civil district court for the parish of Orleans are hereby created for the purpose of nomination and election of the judges elected to fill the two additional judgeships created by this Section. Judges elected to those divisions shall be elected by the qualified voters of Orleans Parish and shall have jurisdiction throughout the parish. One judge shall be elected to and shall preside over Division division K and one judge shall be elected to and shall preside over Division division L. C. The initial judges elected to Division division K and L shall be elected in accordance with the provisions of Article V, Section 22 of the Constitution at a special election to be called by the governor to be held at the same time as the 1979 gubernatorial election and shall serve for terms which shall commence on January 1, 1980 and which shall end on December 31, 1984. Thereafter, the successors in office to those judges shall be elected for six year terms at the congressional elections held in 1984 and every sixth year thereafter. D. Divisions M and N of the Civil District Court civil district court for the parish of Orleans are hereby created for the purpose of nomination and election of the judges elected to fill the two additional judgeships created by this Section. Judges elected to these divisions shall be elected by the qualified voters of Orleans Parish and shall have jurisdiction throughout the parish. E. The initial judges elected to Divisions divisions M and N shall be elected in accordance with the provisions of Article V, Section 22 of the Constitution of Louisiana at the next regular congressional election to be held in 1990 and shall serve for a term which shall commence on January 1, 1991, and which shall end on December 31, 1996. Thereafter, the successors in office to these judges shall be elected for a six year term at the congressional election held in 1996 and every sixth year thereafter. F. The additional judges shall have the same qualifications and shall receive the same emoluments of office, compensation, and expense allowances, payable from the same sources and in the same manner, as are now or may hereafter be provided for other judges of the Civil District Court civil district court for the parish of Orleans. Each of such judges shall have the right to appoint a crier, stenographer and minute clerk for his own section of said court, who shall perform the same duties and receive the same compensation, payable in the same manner and from the same sources, as similar officials in other sections of divisions of said court. G.(1) All of the judges of the Civil District Court civil district court for the parish of Orleans shall be elected at the congressional elections, commencing in 1984 and every sixth year 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. The term of office of judges

* As it appears in the enrolled bill

CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

of the Civil District Court civil district court for the parish of Orleans shall be six years. (2) In order to effectuate the provisions of this Subsection, the term of office of each judge of the Civil District Court for the parish of Orleans whose term ends prior to December 31, 1984, is hereby extended until December 31, 1984. §1137. Civil District Court district court for the Parish of Orleans; jurisdiction A. The Civil District Court civil district court for the Parish of Orleans has the same civil jurisdiction as the district courts throughout the state, except as otherwise provided by law. B. The court has appellate jurisdiction over all cases tried in the city courts of New Orleans 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 Civil District Court civil district court for the Parish of Orleans 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. * * * §1140. Jurisdiction of Civil District Court civil district court for the parish of Orleans A. Pursuant to the authority vested by Sections 16, 18 and 32 of Article V of the Constitution, the Civil District Court civil district court for the parish of Orleans is hereby vested with jurisdiction of certain cases previously under the jurisdiction of the Orleans Parish Family Court, it being the intent of this Section that all facets and cases involving domestic relation problems hereafter shall be filed and heard before a single court, namely, the Civil District Court civil district court for the parish of Orleans which court shall have exclusive original jurisdiction over all cases involving domestic relations problems, more specifically the following, to wit: * * * B. The Civil District Court civil district court for the parish of Orleans shall continue to retain jurisdiction with respect to the issuance of writs of fieri facias and garnishment under judgments for alimony, child support, and attorney fees. The civil district court likewise shall retain jurisdiction over tutorships, partition proceedings following separation from bed and board, partition proceedings following divorce judgments, and suits for separation of property. C. With respect to cases and jurisdiction transferred herein, the civil sheriff for the parish of Orleans is hereby vested with the power and authority to serve all notices, subpoenas, papers, and writs and to make proper return thereto to the Civil District Court civil district court for the parish of Orleans. * * * §1335. Criminal District Court district court for the parish of Orleans There shall be one Criminal District Court criminal district court for the parish of Orleans, which shall be composed of twelve judges. §1336. Criminal District Court district court for the Parish of Orleans; jurisdiction; powers; probation officers A. The Criminal District Court criminal district court for the Parish of Orleans shall have exclusive jurisdiction of the trial and punishment of all crimes, misdemeanors, and offenses committed within the parish of Orleans if the jurisdiction is not vested by law in some other court. B. The judges of the Criminal District Court criminal district court for the Parish of Orleans shall have power to act as committing magistrates in all felony charges and to hold preliminary examinations, with authority to bail, or discharge, or to hold for trial, in all cases before said court. They also may adopt all necessary rules with respect thereto.

C.(1) Pursuant to the authority vested by Sections 16 and 32 of Article V of the Constitution, the Criminal District Court criminal district court for the Parish of Orleans is hereby vested with additional jurisdiction of certain cases previously under the jurisdiction of the Civil District Court civil district court for the Parish of Orleans as provided for in Paragraph (2) of this Subsection. (2) The Criminal District Court criminal district court for the Parish of Orleans shall have exclusive jurisdiction over civil commitment proceedings when the court determines a mentally defective defendant, who is under the jurisdiction of the court on pending criminal charges but is incapable of standing trial, is a danger to himself or others, and is unlikely in the foreseeable future to be capable of standing trial. Section 2. Legislative Findings Prior to the 2006 Regular Session, the judges of the Orleans Parish juvenile Court were elected to staggered terms every two years. No other Louisiana district judges of the same court are elected to staggered terms. To remove this anomaly dating from the Constitution of 1921 and to achieve uniformity in the election of the judges of the Orleans Parish Juvenile Court, the legislature enacted R.S. 13:621.44 to, among other things, provide a uniform election date for the Orleans Parish Juvenile Court. In view of the recent court ruling calling into question the validity of Act 621 of the 2006 Regular Session, which established R.S. 13:621.44, the legislature finds that the uniformity of election dates for the judges of the Orleans Parish Juvenile Court is an important legislative goal independent of the contested provisions of Act 621. And further noting that the Louisiana Constitution of 1974 bars the reduction of a judge’s term while in office, the only constitutional method to accomplish the goal of a uniform election date is to extend the terms of the judges now in office to the same date. For these reasons, the legislature hereby amends and reenacts R.S. 13:621.44(A). Section 3. R.S. 9:203(E)(6) is hereby enacted to read as follows: §203. Officiant, judges and justices of the peace * * * E. * * * (6) A judge of a district court of the United States whose official duty station includes a municipality having a population in excess of four hundred seventy thousand according to the latest decennial census may perform marriage ceremonies within his official duty station. The authority granted by this Paragraph shall only be effective from November 1, 2008, through November 30, 2008. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State --------

scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

ACT No. 880 --SENATE BILL NO. 678 BY SENATOR ADLEY AN ACT To enact Subpart P of Part II-A of Subtitle I of Title 39 of the Louisiana Revised Statues of 1950, to be comprised of R.S. 39:100.71, relative to the FEMA Mobile Home Reimbursement Fund; to provide for the deposit and credit of certain money to the fund; to require appropriations for refunding certain tax, penalty, and interest paid on certain mobile or manufactured homes; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. Subpart P of Part II-A of Subtitle I of Title 39 of the Louisiana Revised Statues of 1950, comprised of R.S. 39:100.71, is hereby enacted to read as follows: SUBPART P. THE FEMA MOBILE HOME REIMBURSEMENT FUND §100.71. The FEMA Mobile Home Reimbursement Fund * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under-

A. The commissioner of the office of motor vehicles shall determine by the best means available and identify for the treasurer the following: (1) State tax, penalty, and interest received after the initial effective date of this Section paid by any person pursuant to Chapter 4 of Title 32 of the Louisiana Revised Statutes of 1950, or pursuant to any other sales or use tax of the state or of a political subdivision whose boundaries are coterminous with those of the state on mobile or manufactured homes provided to Louisiana citizens by the Federal Emergency Management Agency, referred to in this Subpart as “FEMA,” or the General Services Administration (GSA) and used or intended for use solely as residential housing and returned thereafter to such agencies. Such funds shall be deposited upon receipt in the state treasury and shall be identified to the treasurer. (2) The amount of such tax, penalty and interest paid on such mobile or manufactured homes provided by FEMA or the General Services Administration (GSA) to Louisiana citizens and used or intended for use solely as residential housing from August 29, 2005, to the initial effective date of this Section and returned thereafter to such agencies. B.(1)(a) After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund and prior to any money being placed into the general fund or any other fund, an amount equal to that deposited as required by Paragraph (A)(1) of this Section shall be credited by the treasurer to a special fund hereby created in the state treasury to be known as the FEMA Mobile Home Reimbursement Fund. In addition, an amount equal to the amount identified by the commissioner of the office of motor vehicles as provided for in Paragraph (A)(2) of this Section shall also be credited by the treasurer from the state general fund to such special fund. (b) The money in the fund shall be appropriated by the legislature to be used solely as provided for in Subsection D of this Section. C. The money in the fund shall be invested by the treasurer in the same manner as money in the state general fund and interest earned on the investment of the money shall be credited to the fund. All unexpended and unencumbered money in the fund at the end of the year shall remain in the fund. D.(1) The money in the FEMA Mobile Home Reimbursement Fund shall be appropriated by the legislature to be used solely for refunding any state tax, penalty, and interest paid by a person on or after August 29, 2005, pursuant to Chapter 4 of Title 32 of the Louisiana Revised Statutes of 1950, or pursuant to any other sales or use tax of the state or of a political subdivision whose boundaries are coterminous with those of the state which was due on a mobile or manufactured home provided to Louisiana citizens by FEMA or the General Services Administration (GSA) and used or intended for use solely as residential housing and returned thereafter to such agencies. (2) Persons requesting a refund for any sales tax, penalty, or interest paid pursuant to this Subsection shall present evidence of the payment of such taxes, penalty, or interest to the state treasurer in order to obtain a refund. Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State --------

THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 513

ACT No. 881 --SENATE BILL NO. 809 (Substitute of Senate Bill No. 507 by Senator Mount) BY SENATOR MOUNT AN ACT To amend and reenact R.S. 44:4.1(B)(18) and to enact R.S. 33:4547.1(E) and (F), all relative to performance-based energy efficiency contracts; to provide for contract provisions; to provide for contract evaluation requirements; to provide for the cost of evaluation; to provide for an exception to laws relative to public records; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 33:4547.1(E) and (F) are hereby enacted to read as follows: §4547.1. Authorization; definition performancebased energy efficiency contracts * * * E.(1) Prior to award of any performance-based energy efficiency contract, the political subdivision shall select an energy efficiency independent thirdparty evaluation consultant to review and evaluate the submitted proposals. (2) No person, entity, or ESCO which assists the political subdivision in the development of the request for proposals shall be the respondent to the request for proposals. (3) The energy efficiency independent third-party evaluation consultant shall submit the results of his evaluation in an open meeting to the political subdivision for its review. The political subdivision shall require that the consultant selected pursuant to this Subsection participate on its behalf in the negotiation of the contract. (4) An energy efficiency independent thirdparty evaluation consultant shall have no conflict of interest as to the political subdivision, the proposals which the consultant is to evaluate, or to any proposer. Prior to the selection of such consultant, the consultant shall certify that there is no conflict of interest as to the political subdivision, the proposals which the consultant is to evaluate, or to any proposer. (5) In order to fund the cost of the evaluation, review, approval, oversight, and performance audits as provided in this Section, the request for proposals for the award of a performance-based energy efficiency contract shall require the proposer to pay a sum not to exceed two and one-half percent of the total value of the performance-based energy efficiency contract at the time that a contract is executed by that proposer. (6) An energy efficiency independent third-party evaluation consultant shall, at a minimum, be licensed by the state of Louisiana as a professional engineer or a professional architect with experience in energy efficiency contracting. Each political subdivision shall be responsible for verifying the credentials of the consultant to ensure that he possesses the minimum qualifications and has no conflict of interest to the political subdivision or the proposers. F.(1) Any performance-based energy efficiency contract entered into shall be for a period equal to the lesser of twenty years or the average life of the equipment installed by the performance contractor and shall contain a guarantee of energy savings. The guarantee of energy savings shall, at a minimum, ensure a total annual savings sufficient to fully fund any financing arrangement entered into to fund the contract. In addition, any performancebased energy efficiency contract shall contain the following clause: “The continuation of this contract is contingent upon the appropriation of funds by the political subdivision to fulfill the requirements of the contract. If the political subdivision fails to appropriate sufficient monies to provide for the continuation of the contract, the contract shall terminate on the last day of the fiscal year for which funds have been appropriated. Such termination shall be without penalty or expense to the political THE ADVOCATE PAGE 514

subdivision except for payments which have been earned prior to the termination date.” (2) Any contract entered into pursuant to this Chapter shall include the total units of energy saved, the method, device or financial arrangement to establish a firm amount for the savings, the cost per unit of energy, and, if applicable, the basis for any adjustment in the stated cost for the term of the contract, and for each energy saving measure included in the contract, shall also provide the following: (a) Detailed scope of work. (b) Price to be paid by the political subdivision as the initial cost. (c) Annual energy cost savings. (d) Annual maintenance savings including any maintenance and operational savings associated with installation, including but not limited to services, parts, materials, labor, and equipment. (e) Annual new maintenance cost including operating expenses added as a result of new equipment installed or services performed by the contractor. (f) Total annual savings, which shall be determined by adding annual energy cost savings to annual maintenance savings and subtracting any annual new maintenance costs. (g) All savings shall be guaranteed and measured on an annual basis. (h) A schedule for submission of the annual savings audit reports. (3) Except for proprietary company financial information, the responses to a request for proposals shall be public records pursuant the Public Records Law, R.S. 44:1, et seq. Section 2. R.S. 44:4.1(B)(18) is hereby amended and reenacted to read as follows: §4.1. Exceptions B. The legislature further recognizes that there exist exceptions, exemptions, and limitations to the laws pertaining to public records throughout the revised statutes and codes of this state. Therefore, the following exceptions, exemptions, and limitations are hereby continued in effect by incorporation into this Chapter by citation: * * * (18) R.S. 33:1334, 2182, 2428, 4547.1, 9109, 9128 * * * Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State --------

Art. 25.1. Appointment of interpreter for nonEnglish-speaking persons A. If a non-English-speaking person who is a principal party in interest or a witness in a proceeding before the court has requested an interpreter, a judge shall appoint, after consultation with the non-English-speaking person or his attorney, a competent interpreter to interpret or to translate the proceedings to him and to interpret or translate his testimony. B. The court shall order reimbursement to the interpreter for his services at a fixed reasonable amount. This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State -------ACT No. 883 --HOUSE BILL NO. 222 BY REPRESENTATIVE KLECKLEY AN ACT To enact R.S. 22:1078(B)(26) and 1907.1, relative to property residual value insurance policies; to require filing of such policies or forms with the commissioner of insurance; to provide for fees; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 22:1078(B)(26) and 1907.1 are hereby enacted to read as follows: §1078. Fees The following fees and licenses shall be collected in advance: * * * B. By the commissioner of insurance: * * * (26) For each filing of property residual value insurance policies, per submission $25.00 * * * §1907.1. Filing of contracts No property residual value insurance policy or application form, where written application is required and is to be attached to the policy, or any rider or endorsement of such a contract shall be issued, delivered, or used unless it has been filed with the commissioner of insurance. Each submission shall be accompanied by the fees provided for in R.S. 22:1078(B)(26). Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State --------

ACT No. 882 --HOUSE BILL NO. 79 BY REPRESENTATIVE RICHMOND AN ACT To enact Code of Civil Procedure Article 192.2 and Code of Criminal Procedure Article 25.1, relative to powers of the court; to provide for ACT No. 884 appointment of a competent interpreter for a --non-English-speaking person who is a principal HOUSE BILL NO. 382 party in interest or a witness in a proceeding BY REPRESENTATIVE HUTTER before the court; and to provide for related AN ACT matters. To amend and reenact R.S. 30:2374(B)(1), relative Be it enacted by the Legislature of Louisiana: to the Hazardous Materials Information Section 1. Code of Civil Procedure Article 192.2 Development, Preparedness, and Response is hereby enacted to read as follows: Act; provides for the collection of fees; and to Art. 192.2. Appointment of interpreter for nonprovide for related matters. English-speaking persons Be it enacted by the Legislature of Louisiana: A. If a non-English-speaking person who is Section 1. R.S. 30:2374(B)(1) is hereby amended a principal party in interest or a witness in and reenacted to read as follows: a proceeding before the court has requested §2374. Fees an interpreter, a judge shall appoint, after * * * consultation with the non-English-speaking B.(1) Until June 30, 2008, the The fees for facilities person or his attorney, a competent interpreter to not meeting the definition of “small business” in interpret or to translate the proceedings to him R.S. 30:2363 shall be assessed as follows: and to interpret or translate his testimony. B. The court shall order reimbursement to the Number of Hazardous Materials Amount interpreter for his services at a fixed reasonable Present at Facility Fees Charged amount, and that amount shall be taxed by the 01 to 25 $ 65.00 court as costs of court. 26 to 75 $ 85.00 Section 2. Code of Criminal Procedure Article 76 to 100 $ 170.00 25.1 is hereby enacted to read as follows: Over 100 $ 255.00 * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored
(House Bills) and underscored and boldfaced (Senate Bills) are additions.

* * * This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State -------ACT No. 885 --HOUSE BILL NO. 656 BY REPRESENTATIVE SIMON AND SENATOR NEVERS AN ACT To amend and reenact R.S. 48:1805(A) and (B), relative to the Zachary Taylor Parkway Commission; to provide relative to the appointment of commission members; to provide that members shall be appointed by the presidents of their respective parishes; to provide for exceptions; to provide for term limits; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 48:1805(A) is hereby amended and reenacted to read as follows: §1805. Commission; appointment, term, and related matters A. The commission shall be composed of one voting member from each of the eight parishes comprising the district, and of the mayors of all municipalities located in the district, who shall serve as nonvoting members. The voting commission member from each parish shall be appointed by the parish president of the police jury, except in a parish where there is no parish president, in which case Tangipahoa Parish where he shall be appointed by the parish president of the police jury; however, each such appointment shall be subject to the approval of the parish governing body. Persons appointed to membership on the commission shall be qualified voters and shall not be members of the parish governing body. All voting and nonvoting members of the commission shall be given notice of all meetings by the secretary of the commission. * * * Section 2. R.S. 48:1805(B) is hereby amended and reenacted to read as follows: §1805. Commission; appointment, term, and related matters * * * B.(1) The initial term of members appointed from the parishes of Avoyelles, Pointe Coupee, St. Helena, and Washington shall be one year. The initial term of members appointed from the parishes of East Feliciana, Rapides, Tangipahoa, and West Feliciana shall be two years. All terms after the initial terms shall be for a period of two years. The initial term of each member shall commence on the effective date of that member’s appointment. All terms shall end on the thirtyfirst day of August. All terms other than the initial terms shall commence on the first day of September. (2) Members of the commission shall be subject to the provisions of R.S. 42:3.2 relative to limitation of terms of members of boards and commissions. * * * Section 3. Section 2 of this Act shall take effect and become operative if and when the Act which originated as Senate Bill No. 233 of this 2008 Regular Session of the Legislature is enacted and becomes effective. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State --------

To amend and reenact R.S. 9:311(A), relative to child support; to provide for a material change in circumstances; to provide for documentation; to require the Department of Social Services to provide information, rules, and forms; to require the clerks of court to make forms available; to require a hearing within a certain period of time; to provide for retroactivity to the date of filing; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 9:311(A) is hereby amended and reenacted to read as follows: §311. Reduction or increase in Modification of support; material change in circumstances; periodic review by DSS; medical support A.(1) An award for support shall not be reduced or increased modified unless the party seeking the reduction or increase modification shows a material change in circumstances of one of the parties between the time of the previous award and the time of the motion rule for modification of the award. (2) The Department of Social Services shall prepare and distribute information, forms, and rules for the modification of support orders, in accordance with this Subsection, and for proceeding in forma pauperis. The information provided by the Department of Social Services shall specifically include what may constitute a material change in circumstances. The clerks of court in all parishes shall make this information available to the public upon request. When the initial support order is entered, either the court or the department, if providing services, shall provide this information to the parties. * * * Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State --------

scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

ACT No. 887 --HOUSE BILL NO. 836 BY REPRESENTATIVE AUSTIN BADON AN ACT To enact Chapter 30 of Title 33 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 33:9100.1 through 9100.13, relative to New Orleans East; to establish and provide for the membership, governance, purposes, duties, powers, and functions of the East New Orleans Neighborhood Advisory Commission; and to provide for related matters. Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana. Be it enacted by the Legislature of Louisiana: Section 1. Chapter 30 of Title 33 of the Louisiana Revised Statutes of 1950, comprised of R.S. 33:9100.1 through 9100.13, is hereby enacted to read as follows: CHAPTER 30. EAST NEW ORLEANS NEIGHBORHOOD ADVISORY COMMISSION §9100.1. Definitions Whenever used in this Chapter, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, shall be given the following interpretations: (1) “Area” means the neighborhoods in New Orleans East that are represented on the commission membership. (2) “Commission” means the East New Orleans Neighborhood Advisory Commission. (3) “Governing authority” means the governing authority of the city of New Orleans. §9100.2. East New Orleans Neighborhood Advisory Commission established ACT No. 886 The East New Orleans Neighborhood Advisory --Commission is hereby created. The commission HOUSE BILL NO. 759 shall constitute a body corporate in law, with BY REPRESENTATIVE HARRISON all the powers of a corporation, and with all the AN ACT powers and rights of a political subdivision of the * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under-

state as provided by the constitution and laws of this state. §9100.3. Commission’s neighborhood area; domicile A. The commission area shall include each neighborhood in New Orleans East that is represented on the commission by the chief executive officer and appointed representative of the neighborhood organization or association as provided in this Chapter. B. The commission shall designate its domicile at a place within that area. §9100.4. Purposes A. The commission is established for the primary object and purpose of advising the appropriate governmental entities on matters of government policy. B. Within the commission’s area, the commission shall: (1) Present and further the interest of the individual homeowners in the area to aid in the preservation of property values and to improve the character and integrity of individual residential neighborhoods. (2) Educate and inform member neighborhood organizations and associations on matters and issues of general interest. (3) Participate in planning and improvement. (4) Participate with community-based organizations which seek to improve the community environment. §9100.5. Commission membership A. The commission shall consist of the chief executive officer and one representative appointed by the chief executive officer from each duly organized nonprofit organization or association representing single-family homeowners in New Orleans East which requests membership on the commission. B. Each representative appointed by a chief executive officer for membership on the commission shall be an elector of and be domiciled within his respective neighborhood. C. Commission members shall serve without compensation. D.(1) The term of each commission member who is an appointed representative of an organization or association shall be two years. A member may be appointed for a succeeding term; however, no such member shall serve more than three consecutive terms. (2) A commissioner shall serve until his successor has been appointed and qualified. (3)(a) Any appointed representative member of the commission who ceases to be domiciled in his respective neighborhood shall be considered to have resigned, and the position shall be declared vacant. (b) A vacancy on the commission shall be filled in the manner of the original appointment for the remainder of the unexpired term. (4) No elected official in the legislative branch of state government may serve as a member of the commission. E. Each commission member shall have a vote at commission meetings. §9100.6. Commission officers A. Annually, the commission shall elect from its membership a chairman, vice chairman, secretary, and such other officers as it deems appropriate. B. The chairman shall be the chief executive officer of the commission, shall manage its affairs and operation, subject to the rules and regulations and bylaws adopted by the commission and the executive board, and shall preside at meetings of the commission and of the executive board. C. The vice chairman shall perform the duties of the chairman in his absence. D. The secretary shall be responsible for ensuring appropriate notice of meetings of the commission and ensuring that the executive board is provided with recordings of the proceedings of the meetings of both the commission and the executive board. He shall also maintain the THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 515

minute books and archives of the commission and the executive board. E. Additional officer duties may be fixed by bylaws adopted by the commission. §9100.7. Commission meetings A. The commission shall hold regular meetings as shall be provided in the bylaws and may hold special meetings at such times and places within the commission’s area designed to reasonably accommodate the residents of the area attending the meeting as may be provided in the bylaws. Special meetings may be called by the chairman or by the executive board and shall be called by the chairman upon written request of at least ten percent of the total commission membership. B. Notice of regular or special commission meetings shall be provided to each commission member at least two days prior to the meeting. C. The presence of at least forty percent of the total commission membership shall constitute a quorum for the transaction of business. D. The commission shall keep and maintain minutes of all meetings and shall make a copy of such minutes available through the commission’s secretary. E. At any meeting, the commission may consider and make recommendations on matters before it, including actions or proposed actions of the governing authority, the mayor, or any other agency, department, board, commission, or other entity of local or state government. F. A portion of each commission meeting shall be set aside to hear the views of area residents and other affected persons on problems or issues of concern within the area and on proposed actions that affect the area. G. The commission shall establish a method to ensure the broadest dissemination of information with respect to commission meetings, positions, and actions. §9100.8. Commission powers and duties A. The commission shall: (1) Adopt such rules and regulations as it deems necessary or advisable for conducting its business affairs. The rules and regulations relative to public notice and conduct of public meetings shall all conform with the Open Meetings Law. (2) Have official custody of all monies, funds, and accounts of the commission. B. The commission may: (1) Sue or be sued. (2) Adopt, use, and alter at will a seal and bylaws. (3) Receive and expend funds made available to the commission and in accordance with a budget adopted as provided by R.S. 33:9100.12. (4) Enter into contracts or agreements with individuals or entities, private or public, to carry out its powers and duties and accomplish its purposes. (5) Purchase items and supplies which it deems instrumental to achieving its purposes. (6) Employ an executive director and staff. (7) Acquire, purchase, lease as lessee, and hold and use any property, immovable, movable, corporeal, incorporeal, or any combination thereof or any interest therein necessary or desirable for carrying out its purposes and sell, lease as lessor, transfer, or dispose of any property or interest therein acquired by it. (8) Construct, improve, maintain, repair, and operate facilities which it deems necessary or convenient to carry out its purposes. (9) Pledge all or any part of its revenues. (10) Perform or have performed any other function or activity necessary or appropriate to carry out its purposes. §9100.9. Executive board A. There shall be an executive board of the commission consisting of the commission’s officers. The board shall manage the affairs of the commission. The board shall exercise the powers and have general supervision over the affairs of the commission during the interim between meetings of the commission. However, the board shall exercise no policymaking function, nor incur THE ADVOCATE PAGE 516

any indebtedness, nor obligate under contract, delay, or supersede any licensing functions, nor make any disbursement of funds of the rulemaking, or decisionmaking authority as commission, except as may have been specifically provided for in the Administrative Procedure authorized by the commission. Act, formulation of policies and procedures, nor B. The board shall hold regular meetings as the award of grants by or to any agency. shall be provided in the bylaws and may hold §9100.12. Budget; audit; applicability of other special meetings at such times and places within laws the area as may be provided in the bylaws. Board A. The commission shall adopt an annual meetings may be called by the chairman and shall budget in accordance with the Louisiana Local be called by the chairman upon written request Government Budget Act, R.S. 39:1301 et seq. The of any two members of the board. budget and all amendments shall be subject to C. A majority of the members of the board the approval of the governing authority. shall constitute a quorum for the transaction of B. The commission shall be subject to audit by business. the legislative auditor pursuant to R.S. 24:513. D. The board shall keep and maintain minutes C. Except as otherwise specifically provided of all meetings and shall make a copy of such in this Part, the commission and executive minutes available through the commission’s board shall be subject to the Open Meetings secretary. Law, the Public Records Law, and the Code of §9100.10. Executive director Governmental Ethics. The executive director, with the concurrence §9100.13. Cooperation with other entities of the commission, may hire such staff and other A. The governing authority, the mayor, or any personnel as may be necessary to carry out the other agency, department, board, commission, directions and instructions of the commission and or other entity of local or state government may do other acts as may be directed or authorized by provide the commission with staff support and the commission. assistance to enable the commission to perform §9100.11. Advisory authority of commission; its duties. official representation B. The commission shall cooperate and may A. The commission may advise the governing contract with local or state government or any authority, the mayor, or any other agency, agency, department, board, commission, or other department, board, commission, or other entity entity thereof and may accept gifts, grants, and of local or state government with respect to all donations of property and money therefrom. proposed matters of government policy which Approved by the Governor, July 9, 2008. affect the area, including but not limited to A true copy: decisions regarding planning, zoning, streets, Jay Dardenne recreation, social services programs, education, Secretary of State health, safety, budget, and sanitation. -------B. The governing authority, mayor, or applicable agency, department, board, commission, or other ACT No. 888 entity of local or state government shall provide at --least thirty days written notice to the commission HOUSE BILL NO. 905 officers of any intent to acquire or dispose of BY REPRESENTATIVE TUCKER immovable property in the area or any intent to AN ACT change the use of property owned or leased by the To amend and reenact R.S. 33:9039.15(B), respective governmental entity in the area. relative to community development districts; C.(1) “Proposed government action” as covered to provide for the appointment rather than the by this Chapter includes but is not limited to action election of certain members of certain boards of the governing authority, the mayor, or any other of commissioners of community development agency, department, board, commission, or other districts; to provide certain terms, conditions, entity of local or state government. procedures, and requirements; and to provide (2) Each local or state agency, department, for related matters. board, or commission, prior to transmitting Be it enacted by the Legislature of Louisiana: to the governing authority or other respective Section 1. R.S. 33:9039.15(B) is hereby amended governmental entity any proposed revenue bond and reenacted to read as follows: issuance, or before the formation of any final §9039.15. Board of supervisors; members and policy, decision, or guidelines with respect to grant meetings applications, comprehensive plans, requested * * * or proposed zoning changes, variances, public B.(1)(a) Except as provided in Paragraph (A)(2) improvements, licenses, or permits affecting the of this Section, commencing six years after the area, the parish budget and goals and priorities, initial appointment of members, the position proposed changes in local or state government of each member whose term has expired shall services delivery, and opening of any proposed be filled by a qualified elector of the district specialty systems, shall provide at least thirty elected by the qualified electors of the district in days advance notice of the proposed action to accordance with Title 18 of the Louisiana Revised each commission officer. Statutes of 1950 or, if there are no qualified D. The issues and concerns raised in electors of the district, a qualified elector of the recommendation of the commission shall be parish or municipality that created the district. given great weight during the deliberations of (b) However, in districts consisting of a the governing authority, the mayor, or any other population of less than six hundred persons, the agency, department, board, commission, or other governing authority of the parish or municipality entity of local or state government. This requires that created the district shall appoint the members acknowledgment of the commission as the source of the board. of the recommendation and reference to each (2) Members of the board shall be known as issue and concern. supervisors and, upon entering into office, shall E. The views of the commission shall only be take an oath of office. Except as provided in presented by an officer of the commission or by Paragraph (A)(2) of this Section, they shall hold a commission representative duly selected at a office for the terms for which they were elected or public meeting by the commission to represent its appointed and until their successors are chosen view on the particular issue or proposed action. and qualified. If, during the term of office, a F.(1) No provision of this Chapter is intended vacancy occurs, the remaining members of the nor shall be construed to impede, interfere with, board shall fill the vacancy by an appointment for delay, or supersede any regulatory authority of the remainder of the unexpired term. the governing authority, the mayor, or any other (3) A majority of the members of the board agency, department, board, commission, or other constitutes a quorum for the purposes of entity of local or state government. conducting its business and exercising its powers (2) No provision of this Chapter is intended and for all other purposes. Action taken by the nor shall be construed to impede, interfere with, district shall be upon a vote of a majority of the * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored
(House Bills) and underscored and boldfaced (Senate Bills) are additions.

members present unless general law or a rule of the district requires a greater number. (4) As soon as practicable after each election or appointment of members for a new four-year term, the board shall organize by electing one of its members as chair and by electing a secretary, who need not be a member of the board, and such other officers as the board may deem necessary. (5) The board shall keep a permanent record book in which shall be recorded minutes of all meetings, resolutions, ordinances, proceedings, and any and all corporate acts. The record book shall be opened to inspection in accordance with R.S. 44:31 et seq. (6) Each supervisor shall be entitled to receive for his or her services a per diem not to exceed seventy-five dollars per meeting and such travel expenses as may be authorized in the bylaws of the district. (7) All meetings of the board shall be conducted in accordance with R.S. 42:4.1 et seq. * * * Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 889 --HOUSE BILL NO. 931 BY REPRESENTATIVES GEYMANN AND KLECKLEY AN ACT To amend and reenact R.S. 33:9576(C)(4), relative to Calcasieu Parish; to provide relative to the Calcasieu Parish Gaming Revenue District; to provide relative to funds distributed to Calcasieu Parish and the city of Lake Charles by such district; to provide relative to the expenditure and distribution of such funds by the governing authorities of the parish and the city; to require the governing authorities of the parish and the city to prepare reports regarding such expenditures and distributions; and to provide for related matters. Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 33:9576(C)(4) is hereby amended and reenacted to read as follows: §9576. Calcasieu Parish Gaming Revenue District * * * C. The cooperative endeavor or joint services agreement shall provide for all of the following: * * * (4)(a) The formula by which revenue collected by the district shall be distributed to the entities participating in the district. (b)(i) The governing authority of the parish of Calcasieu shall annually prepare a report no later than February first which shall include the total amount of gaming revenues received by the parish from the district during the previous calendar year. The report prepared in 2009 shall include information required by this Item for each calendar year from 2005 through 2008. The report shall be distributed to the members of the legislative delegation no later than February fifteenth of each year. The report shall also include the following: (aa) The total amount of gaming revenues distributed by the governing authority of the parish to the governing authorities of the municipalities of Sulphur, Vinton, Iowa, and DeQuincy during the previous calendar year. (bb) The total amount of gaming revenues expended by the parish in the unincorporated areas of the parish during the previous calendar year for the following purposes: water, drainage, and sewerage. The report shall include the actual dollar amount and actual percentage of total gaming revenues expended by project in

the unincorporated areas of the parish for such purposes. (cc) The cumulative total amount of gaming revenues received by the parish from the district and not expended or distributed by the governing authority of the parish. (ii) The governing authority of the city of Lake Charles shall annually prepare a report no later than February first which shall include the total amount of gaming revenues received by the city during the previous fiscal year. The report prepared in 2009 shall include information required by this Item for each fiscal year from 2005-2006 through 2007-2008. The report shall be distributed to the members of the legislative delegation no later than February fifteenth of each year. The report shall also include the following: (aa) The total amount of gaming revenues expended by the governing authority of the city within the city limits for the following purposes: water, drainage, and sewerage. The report shall include the actual dollar amount and actual percentage of total gaming revenues expended by project by the governing authority of the city within the city limits for such purposes. (bb) The cumulative total amount of gaming revenues received by the city from the district and not expended or distributed by the governing authority of the city. * * * Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State --------

scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

ACT No. 890 --HOUSE BILL NO. 1018 BY REPRESENTATIVES TUCKER, LEGER, AND TRAHAN AND SENATOR WALSWORTH AN ACT To enact R.S. 17:1874, relative to state funds; to establish the Workforce Training Rapid Response Fund as a special fund in the state treasury; to provide for the dedication, deposit, use, and investment on monies in the fund; to provide for an effective date; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 17:1874 is hereby enacted to read as follows: §1874. Workforce Training Rapid Response Fund A. It is an important responsibility of the state to promote workforce development and provide significant opportunity for business and labor to assist in the development and delivery of workforce education and workforce training policy, programs, and performance standards. Carrying out this responsibility requires the development of strategies that will upgrade the skills of our existing workforce and prepare new workers with the skills for a constantly changing economy. Institutions of higher education play a vital role in providing an education that will augment workforce development, and the legislature hereby declares its intent to provide a mechanism to provide supplemental funding for workforce training. The entity to manage and control the Workforce Training Rapid Response Fund shall be the Board of Supervisors of the Louisiana Community and Technical College System, hereinafter referred to as “the board”. B.(1) There is hereby created in the state treasury, as a special fund, the Workforce Training * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under-

Rapid Response Fund, hereinafter referred to as the “fund”, which will supplement the cost of high-demand workforce training programs in order to fill urgent market needs, as determined by economic and employment projections. (2) Monies in the fund shall be invested in the same manner as monies in the general fund. Interest earned on investment of monies in the fund shall be credited to the fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. (3) The state treasurer is directed to deposit into the fund at the beginning of each fiscal year an amount sufficient to bring the unencumbered balance in the fund to ten million dollars. Monies in the fund shall be appropriated, administered, and used solely as provided in Subsection C of this Section. C.(1) Monies in the fund shall be appropriated to the board and used in accordance with a strategic plan to be developed as provided in this Subsection exclusively for workforce education which shall assist an individual in his ability to function as an adequate employee in a workplace, including education directed at refining or developing literacy or other basic education skills; programs directed at lifelong learning or continuing education; job readiness training; vocational, technical, or occupation education; worker or workplace education; articulated career path programs and constituent courses of such programs that lead to initial or continuing licensure, certification, or associate degree level accreditation; and other education programs whose purpose is to assist citizens to improve their employment opportunities. (2) The board is hereby authorized to receive the appropriations for the exclusive purpose of workforce education in accordance with the provisions of this Section. (3) The secretary of the Department of Labor, the secretary of the Department of Economic Development, the Commissioner of Higher Education, the Chairman of the Workforce Investment Council, and the chief executive officer of the Louisiana Community and Technical College System, collectively, shall approve a strategic plan that provides direction to the board regarding the expenditure of funds appropriated from the fund. The strategic plan shall be based on the following: (a) Labor market information. (b) Occupational forecast data. (c) Business and industry input. (d) Workforce education program costs. (e) The current and anticipated workforce demands of business and industry on a regional basis. (f) The potential economic impact of addressing such workforce demands. (g) Available resources, such as facilities, curricula, and instructors. (h) Regional needs and priorities, including geographic regions and regional economies. (i) The anticipated time frame for establishing or expanding educational or training programs to address such workforce demands. (j) The potential participants available to enter such educational or training programs. (k) Related workforce considerations. (4) The secretary of the Department of Labor, the secretary of the Department of Economic Development, and the chief executive officer of the system, collectively, shall monitor whether the funds are being used in accordance with the strategic plan and the effectiveness of the board’s workforce development efforts and report these findings to the Board of Regents on an annual basis. D. The fund is in addition to, and separate from, any monies allocated to the institutions under the management and control of the board or any other higher education board. The availability of the fund shall not in any way substitute, limit, or otherwise affect the allocation of any funds THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 517

otherwise available to those institutions under state or federal laws. E. The secretary of the Department of Labor, the secretary of the Department of Economic Development, and the chief executive officer of the board shall annually report to the Senate Committee on Labor and Industrial Relations and the House Committee on Labor and Industrial Relations and such committees shall have oversight of the use of monies in the fund. Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 891 --HOUSE BILL NO. 1108 BY REPRESENTATIVE BARROW AN ACT To amend and reenact R.S. 33:4720.151(B)(6), (E), (G)(5), (9), and (12), (H)(4)(b), (I)(2), (J)(1), (K), (L)(1), (3), and (4), (O)(introductory paragraph), (1), and (4), and (Q)(6), and R.S. 44:4.1(B)(18), to enact R.S. 33:4720.151(H)(23), (Q)(7), and (S), and to repeal R.S. 33:4720.151(G)(13), relative to the East Baton Rouge Redevelopment Authority; to provide relative to the purposes and objects and powers and duties of the authority; to provide relative to the members of the governing board of the authority; to authorize the authority to initiate an expedited quiet title and foreclosure action; to provide relative to the procedures for any such action; to provide relative to the rights of property owners; to provide relative to due process; and to provide for related matters. Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 33:4720.151(B)(6), (E), (G)(5), (9), and (12), (H)(4)(b), (I)(2), (J)(1), (K), (L)(1), (3), and (4), (O)(introductory paragraph), (1), and (4), and (Q)(6), and are hereby amended and reenacted and R.S. 33:4720.151(H)(23), (Q)(7), and (S) are hereby enacted to read as follows: §4720.151. East Baton Rouge Redevelopment Authority * * * B. It is hereby found and declared that: * * * (6) The object of this Chapter is to provide for the following: (a) a A unified and comprehensive response to the housing shortages and other indirect effects of Hurricane Katrina and Hurricane Rita upon south central Louisiana. (b) The general and economic welfare of the parish through housing, commercial, office, hospitality, recreation, education, infrastructure and utility capacity, manufacturing, industrial, research, retail, or other activities which will create or retain jobs, maintain or diversify industry, including new or emerging technologies, or maintain or increase the tax base. (c) The improvement of conditions of deteriorated physical development, slow economic growth, and eroded financial health of the public and private sectors. (d) The control, abatement, and prevention of pollution to protect public health and safety, and the development and use of indigenous and renewable energy resources. (e) Assistance to nonprofit and governmental entities in support of health, educational, charitable, community, cultural, agricultural, THE ADVOCATE PAGE 518

consumer, citizens.

or

other

services

benefiting

the

* * * E. The authority, to the greatest extent it determines to be feasible in carrying out the provisions of this Chapter, shall seek out cooperative endeavors, including partnerships, joint ventures, and equity participation structures, with nonprofit organizations and private enterprise. The authority shall give consideration to this objective in exercising the powers granted pursuant to this Chapter. * * * G. * * * (5) Each board member shall serve at the pleasure of the appropriate appointing authority for a term of five years, unless removed for cause by the board, as provided in this Chapter, or removed for any reason by authorized action of the appointing authority. * * * (9) The board shall elect yearly from its number a chairman, a vice chairman, a secretary, and a treasurer and shall establish their duties as may be regulated by rules adopted by the board. The offices of secretary and treasurer may be held by the same person. The board shall may meet in regular session once each month and also shall meet in special session as convened by the chairman or upon written notice signed by three members. A majority of the members of the board, not including vacancies, shall constitute a quorum for the conduct of business. * * * (12) The board shall cause minutes and a record to be kept of all its proceedings, and it shall select a newspaper of general circulation within its territorial jurisdiction as its official journal in which it shall publish its minutes and in which it shall publish all official notices required by law. The authority shall be subject to state laws governing public records, including the provisions of R.S. 44:1. Except as otherwise provided in this Paragraph, the authority shall be subject to the Public Records Law (Chapter 1 of Title 44 of the Louisiana Revised Statutes of 1950), the Open Meetings Law (R.S. 42:4.1 et seq.), and the Code of Governmental Ethics (Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950). Notwithstanding the provisions of R.S. 42:5, until thirty days prior to the date the board is scheduled to consummate a final sale or lease of any immovable property owned by the authority, the board may meet in executive session to discuss negotiations between the authority and any prospective seller, purchaser, lessor, or lessee of that property. R.S. 44:31 through 35 shall not apply to any records related to the negotiations of or to the terms of such a sale or lease until thirty days prior to the date the board is scheduled to consummate a final sale or lease. The board shall give written public notice of its intention to consummate a final sale or lease at least thirty days prior to the date on which the board intends to take such action. This notice shall comply with the procedural provisions of R.S. 42:7. H. The authority, through the board, shall have all powers necessary or convenient to carry out and effectuate the purposes and provisions of this Chapter, including but not limited to the following: * * * (4) * * * (b) Prior to any sale, lease, conveyance, disposition, or transfer of property pursuant to this Paragraph, the authority shall fix the price and terms of the sale, lease, exchange, or other contract to be made with reference to the property. Such sale, lease, conveyance, disposition, or transfer shall comply with the terms and provisions of Paragraph (L)(2) of this Section this Chapter. * * * * As it appears in the enrolled bill

(23) To purchase property at a sale conducted pursuant to enforcement of judicial mortgages created in accordance with R.S. 13:2575(C) by tendering a bid equal to or greater than the minimum bid advertised, which bid may be a credit bid consisting of the obligation of the authority to satisfy the bid by payment to the political subdivision holding the lien being enforced in accordance with intergovernmental agreements between the authority and such political subdivision. Such a bid shall be given priority over all other bids regardless of amount, except for a higher bid submitted by a conventional mortgage holder holding a mortgage on the subject property. I. * * * (2) The authority may issue revenue bonds to finance the undertaking of a redevelopment project under this Chapter, or otherwise to acquire, purchase, lease, construct, or improve housing, residential development, subdivision development, commercial, research, industrial, or other plant sites and buildings, or other capital improvements authorized in this Chapter, including energy and pollution abatement and control facilities and necessary property and appurtenances thereto; and may sell, lease, sublease, or otherwise dispose of by suitable and appropriate contract to any enterprise locating or existing within the jurisdiction of an the authority such sites, buildings, or facilities and appurtenances thereto, all or severally. The funds derived from the sale of such bonds may be disbursed in whole or in part upon delivery of the bonds as shall be provided in the contract between an the authority and the residential, commercial, research, industrial, or other enterprise to be aided, encouraged, or benefited subject to the requirements of Paragraph (L)(2) of this Section this Chapter. * * * J.(1) The exercise by a the board of the powers conferred by virtue of this Chapter shall be deemed and held to be an essential governmental function of the state and parish. As the exercise of the powers granted by this Chapter will be in all respects for the benefit of the people of the state and parish, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, the authority shall not be required to pay any taxes, including but not limited to sales and use taxes, ad valorem, occupational licensing, income, or any other taxes of any kind or nature, or fees or assessments upon any property held, acquired, or used by the authority under the provisions of this Chapter, or upon the income therefrom. Any bonds, certificates, or other evidences of indebtedness issued by the authority and the income therefrom shall be exempt from taxation by the state and by any parish, municipality, or other political subdivision of the state. The authority shall not be deemed to be a public utility and shall not be subject in any respect to the authority, control, regulation, or supervision of the Louisiana Public Service Authority Commission. * * * K.(1) The authority may purchase adjudicated properties within their its respective territorial jurisdictions jurisdiction from any political subdivision of the state of Louisiana, including without limitation in the manner provided for in Chapter 13-A of Title 33. No such purchase shall be construed to, or otherwise have the effect of, extending or suspending the period prescribed by law for the redemption of the property by the tax debtor or any other person. (2) In addition to the authority set forth in Subpart B of Part IV of Chapter 5 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950, such purchases by the authority may be in the manner provided for in Chapter 13-A of Title 33 of the Louisiana Revised Statutes of 1950 or by a direct negotiated purchase and sale agreement between the authority and a political subdivision

CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

without any other requirement of a public sale prior to the transfer of such properties to the authority. Such purchases by the authority shall not be considered the sale of surplus property or of property owned by the political subdivision. (3) Effective upon the recordation of the transfer of an adjudicated property to the authority pursuant to a purchase and sale agreement, the rights of the authority in and to such property shall be the rights of a purchaser at a tax sale as contemplated by Chapter 5 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950, subject only to the rights of redemption of the property set forth in Article VII, Section 25(B) of the Constitution of Louisiana, and the property shall no longer be deemed to be adjudicated property as of such recordation. For purposes of the right of redemption in Article VII, Section 25(B) of the Constitution of Louisiana, the three-year period commences on the date of the recordation of the initial adjudication to the political subdivision and not on the date of transfer to the authority. (4) Any such purchase and sale agreement shall set forth the total consideration to be paid by the authority and the method and timing of payment of such consideration by the authority. (5) The state and any political subdivision with liens on the property may, pursuant to intergovernmental agreements with the authority, cancel such liens contemporaneously with or subject to the transfer of the property to the authority. (6)(a) The authority shall have the right, subject to the provisions of this Section, to purchase properties at tax sales conducted in accordance with R.S. 47:2183, and any and all such purchases shall be a purchase pursuant to R.S. 47:2183 and not an adjudication to a political subdivision. (b) Notwithstanding the provisions of Chapter 5 of Subtitle III of Title 47 of the Louisiana Revised Statutes of 1950, the authority may tender a bid at a tax sale which is a credit bid, consisting of the obligation of the authority to satisfy the component parts of the bid by payments to the respective political subdivisions and taxing entities in accordance with intergovernmental agreements between the authority and such political subdivisions and taxing entities. (c) A bid by the authority at a tax sale for the minimum amount shall take priority over all other bids for the same quantity of property, except for a higher bid submitted by a conventional mortgage holder holding a mortgage on the subject property. L.(1) The authority shall have the power to create and execute redevelopment or development plans for specified areas within its respective territorial jurisdictions jurisdiction. The implementation of all such plans shall not proceed until, to the extent required by law, the authority has obtained the approval of the local planning commission or zoning board. In the execution of such a redevelopment plan, the authority shall have the powers provided in this Subsection. The fact that a certain power is expressed or implied in this Paragraph as pertinent to the authority’s execution of a redevelopment plan shall not suggest or imply that such power is otherwise denied to the authority. * * * (3) The authority may sell, lease, exchange, or otherwise transfer real immovable property or any interest therein acquired by it in redevelopment areas for residential, recreational, commercial, industrial, or other uses or for public use, in accordance with the redevelopment plan, subject to such covenants, conditions, and restrictions, including covenants running with the land, as it may deem to be necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to provide for the elimination thereof or to otherwise carry in carrying out the purposes of this Chapter. The purchasers or lessees and their successors and assigns shall be obligated to devote such real immovable property only to the uses specified in

scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

the redevelopment plan, and may be obligated to comply with such other requirements as the authority may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on such real immovable property required by the redevelopment plan. Such real immovable property or interest shall be sold, leased, exchanged, or otherwise transferred at not less than its fair value for uses in accordance with the redevelopment or development plan. In determining the fair value of real immovable property for uses in accordance with the redevelopment or development plans, the authority shall take into account and give consideration to the use provided in such plan; the restrictions upon and the covenants, conditions, and obligations assumed by the purchaser or lessee; and the objectives of such plan for the prevention of the recurrence of slum areas, blighted areas, or distressed areas. The authority, in any instrument of conveyance to a private purchaser or lessee, may provide that such purchaser or lessee shall be without power to sell, lease, exchange, or otherwise transfer the real immovable property without the prior written consent of the authority until such purchaser or lessee has completed the construction of any and all improvements which he has obligated himself to construct thereon. Real Immovable property acquired in accordance with the provisions of the redevelopment plan shall be transferred as rapidly as feasible in the public interest, consistent with the carrying out of the provisions of the project plan. Such plan and any substantial modification of such plan shall be filed as a public record in the office of the clerk of the parish, and any conveyances, encumbrances, or other contracts may incorporate the provisions thereof by reference which shall afford notice thereof to all parties. (4) The authority may dispose of, sell, exchange, or lease real immovable property in a redevelopment area to any private person for the fair market value of the property as determined by a certified and competent appraiser, or to any private person pursuant to reasonable competitive bidding procedures as it shall prescribe subject to the provisions set forth in this Paragraph. Such reasonable bidding procedures must include public notice, by publication once each week for two consecutive weeks in a newspaper having a general circulation in the community, inviting proposals from and making available all pertinent information to private redevelopers or any persons interested in undertaking to redevelop or rehabilitate a redevelopment area or any part thereof. Such notice shall identify the area, or portion thereof, and shall state that proposals shall be made by those in interest within thirty days after publication of such notice, and that such further information as is available may be obtained at such office as shall be designated in the notice. The board shall consider all such redevelopment or rehabilitation proposals and the financial and legal ability of the persons making such proposals to carry them out, and may negotiate with any persons for proposals for the purchase, lease, or other transfer of any real immovable property acquired by the authority in the redevelopment area. The board may accept such proposal as it deems to be in the public interest and in furtherance of the purposes of this Chapter. Such notice, and all contracts to sell, lease, exchange, or otherwise transfer real immovable property under the provisions of this Chapter, shall be a public record and shall include the name of the redeveloper or purchaser, together with the names of its officers and principal members or shareholders and investors and other interested parties, the redeveloper’s estimate of the cost of any residential development and rehabilitations, and the redeveloper’s estimate of rentals and sales prices of any proposed housing involved in such redevelopment and rehabilitation. Thereafter, the board may execute such contract in accordance with the provisions of * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under-

this Chapter and deliver acts of sale, leases, and other instruments and take all steps necessary to effectuate such contract. * * * O. For the purpose of aiding in the planning, undertaking, or carrying out of a redevelopment or development project and related activities authorized by this Chapter, any public body may, upon such terms, with or without consideration as it may determine: (1) Dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses, or other rights or privileges therein to any the authority. * * * (4) Lend, grant, or contribute funds to an the authority in accordance with an appropriate cooperative endeavor agreement and borrow money and apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the federal government, the state, parish, or other public body, or from any other source. * * * Q. As used in this Chapter, the following terms shall have the meaning herein ascribed to them. * * * (6) “Real property” means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, right, or use, legal or equitable, therein, including terms for years “or immovable property” means any and all right, title, and interest in a tract of land, including its component parts and liens by way of judgment, mortgage, or otherwise. (7) “Owners of a property interest” means anyone with a corporeal or incorporeal interest in immovable property filed for record in the conveyance records or mortgage records of the clerk of court and ex officio recorder of mortgages for the parish where the property is located, including a naked owner, a usufructuary, a mortgagee, a judgment creditor, or a holder of a personal or predial servitude. * * * S.(1) In addition to other powers granted to the authority pursuant to this Chapter, the authority may initiate an expedited quiet title and foreclosure action under this Subsection to quiet title to immovable property held by the authority, interests in property purchased by the authority at tax sales, or in formerly adjudicated properties acquired by the authority from a political subdivision, by recording with the conveyance records of the clerk of court and ex officio recorder of mortgages a notice of pending expedited quiet title and foreclosure action. The notice shall include a legal description of the property; the street address of the property if available; the name, address, and telephone number of the authority; a statement that the property is subject to expedited quiet title proceedings and foreclosure under this Subsection; and a statement that any legal interests in the property may be extinguished by a district court order vesting title to the property in the authority. The right of redemption from tax sales in Article VII, Section 25(B) of the Constitution of Louisiana shall be terminated by these proceedings only if the time period for expiration of the right of redemption has expired. If a notice is recorded in error, the authority may correct the error by recording a certificate of correction with the register of conveyances. A notice or certificate under this Subsection need not be notarized and may be authenticated by a digital signature or other electronic means. If the authority has reason to believe that a property subject to an expedited quiet title and foreclosure action under this Subsection may be the site of environmental contamination, the authority shall provide the Department of Environmental Quality with any information in the possession of the authority that suggests the property may be the site of environmental contamination. THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 519

(2) After recording the notice under Paragraph (1) of this Subsection, the authority shall initiate a search of records identified in this Paragraph to identify the owners of a property interest in the property who are entitled to notice of the quiet title and foreclosure hearing under this Subsection. The authority may enter into a contract with or may request from one or more authorized representatives a title search or other title product to identify the owners of a property interest in the property as required under this Paragraph or to perform the other functions set forth in this Subsection required for the quieting of title to property. The owner of a property interest is entitled to notice under this Section if that owner’s interest was identifiable by reference to any of the following sources before the date that the authority records the notice under Paragraph (1) of this Subsection: (a) Land title records in the office of the recorder of mortgages and the register of conveyances. (b) Tax records in the office of the assessor. (3) The authority may file a single petition with the district court to expedite foreclosure under this Subsection listing all property subject to expedited foreclosure by the authority and for which the authority seeks to quiet title. If available to the authority, the list of properties shall include a legal description of, a tax parcel identification number for, and the street address of each parcel of property. The petition shall seek a judgment in favor of the authority against each property listed and shall include a date, within ninety days of filing, on which the authority requests a hearing on the petition. The petition shall request that a judgment be entered vesting absolute title in the authority, without right of redemption for each parcel of property listed, as provided in this Paragraph. Prior to the entry of judgment under this Paragraph, the authority may request the court to remove property erroneously included in the petition or any tax delinquent properties redeemed prior to the hearing. (4) The district court in which a petition is filed under Paragraph (3) of this Subsection shall immediately set the date, time, and place for a hearing on the petition for foreclosure. The date shall be set by the court and shall not be more than ten days after the date requested by the authority in the petition. In no event may the court schedule the hearing later than ninety days after the filing of a petition by the authority under Paragraph (3) of this Subsection. (5) After completing the records search under Paragraph (2) of this Subsection, the authority shall determine the address or addresses reasonably calculated to inform those owners of a property interest in property subject to expedited foreclosure under this Subsection of the pendency of the quiet title and foreclosure hearing under Paragraph (11) of this Subsection. If, after conducting the title search, the authority is unable to determine an address reasonably calculated to inform persons with a property interest in property subject to expedited tax foreclosure, or if the authority discovers a deficiency in notice under this Subsection, the following shall be considered reasonable steps by the authority to ascertain the addresses of persons with a property interest in the property subject to expedited foreclosure or to ascertain an address necessary to correct a deficiency in notice under this Subsection: (a) For an individual, a search of records of the recorder of mortgages and the register of conveyances. (b) For a business entity, a search of business entity records filed with the commercial division of the Department of State. (c) For a state or federal chartered depositary financial institution, a search of entity records filed with the Louisiana Office of Financial Institutions or with the Federal Deposit Insurance Corporation (FDIC). (6) Not less than thirty days before the quiet title and foreclosure hearing under Paragraph (11) of THE ADVOCATE PAGE 520

this Subsection, the authority shall send notice extinguish any ownership interest in or right to by certified mail, return receipt requested, of the redeem the property. hearing to the persons identified under Paragraph (g) The name, address, and telephone number (2) of this Subsection who have a property interest of the authority. in property subject to expedited foreclosure. The (h) A statement that persons with information authority shall also send a notice via regular mail regarding the owner or prior owner of any of addressed to the “Occupant” for each property the properties are requested to contact the subject to expedited foreclosure if an address for authority. the property is ascertainable. (10) If prior to the quiet title and foreclosure (7) Not less than thirty days before the quiet title hearing under Paragraph (11) of this Subsection, and foreclosure hearing under Paragraph (11) of the authority discovers any deficiency in the this Subsection, the authority or its authorized provision of notice under this Subsection, the representative or authorized agent shall visit each authority shall take reasonable steps in good faith parcel of property subject to expedited foreclosure to correct the deficiency before the hearing. The and post on the property conspicuous notice of provisions of this Subsection relating to notice the hearing. In addition to the requirements of the quiet title and foreclosure hearing are of Paragraph (8) of this Subsection, the notice exclusive and exhaustive. Other requirements shall also include the following statement: “This relating to notice and proof of service under Property has been transferred to the East Baton other law, rule, or other legal requirement are not Rouge Redevelopment Authority and is subject to applicable to notice or proof of service under this an expedited quiet title and foreclosure action. Subsection. Persons with information regarding the prior (11) If a petition for expedited quiet title and owner of the property are requested to contact foreclosure is filed under Paragraph (3) of this the East Baton Rouge Redevelopment Authority.” Subsection, before the hearing, the authority (8) The notices required under Paragraphs (6) shall file with the clerk of the district court proof and (7) of this Subsection shall include: of notice by certified mail under Paragraph (6) of (a) The date on which the authority recorded, this Subsection, proof of notice by posting on the under Paragraph (1) of this Subsection, notice of property under Paragraph (7) of this Subsection, the pending expedited quiet title and foreclosure and proof of notice by publication, if applicable. A action. person claiming an interest in a parcel of property (b) A statement that a person with a property set forth in the petition for foreclosure, including interest in the property may lose his interest as a current holder of a conventional mortgage, who a result of the quiet title and foreclosure hearing desires to contest that petition shall file written under Paragraph (11) of this Subsection. objections with the clerk of the district court and (c) A legal description, parcel number of the serve those objections on the authority before the property, and the street address of the property, date of the hearing. A holder of a conventional if available. mortgage may object to the action and is entitled (d) The person to whom the notice is to a dismissal of the proceedings by the district addressed. court upon a showing that it is the holder of a (e) The date and time of the hearing on the legally enforceable conventional mortgage and petition for foreclosure under Paragraph (1) of this upon payment of the outstanding amount of any Subsection, and a statement that the judgment of liens, taxes, and related costs. The district court the court may result in title to the property vesting may appoint and utilize as the court considers in the authority. necessary a curator for assistance with the (f) An explanation of any rights of redemption resolution of any objections to the foreclosure or and notice that the judgment of the court may questions regarding the title to property subject to extinguish any ownership interest in or right to foreclosure. If the court withholds property from redeem the property. foreclosure, the authority’s ability to include the (g) The name, address, and telephone number property in a subsequent petition for expedited of the authority. quiet title and foreclosure is not prejudiced. No (h) A statement that persons with information injunction shall issue to stay an expedited quiet regarding the owner or prior owner of any of title and foreclosure action under this Subsection. the properties are requested to contact the The district court shall enter judgment on a authority. petition to quiet title and foreclosure filed under (9) If the authority is unable to ascertain the Paragraph (3) of this Subsection not more than address reasonably calculated to inform the ten days after the conclusion of the hearing or owners of a property interest entitled to notice contested case, and the judgment shall become under this Section, or is unable to provide notice effective ten days after the conclusion of the under Paragraphs (6) and (7) of this Subsection, hearing or contested case. The district court’s the authority shall provide notice by publication. judgment shall specify all of the following: Prior to the hearing, a notice shall be published (a) The legal description and, if known, the for three successive weeks, once each week, in street address of the property foreclosed. a newspaper published and circulated in the (b) That title to property foreclosed by the parish. The published notice shall include all of judgment is vested absolutely in the authority, the following: except as otherwise provided in Paragraphs (3) (a) A legal description, parcel number of the and (5) of this Subsection, without any further property, and the street address of the property, rights of redemption. if available. (c) That all liens against the property, including (b) The name of any person not notified under any lien for unpaid taxes or special assessments, Paragraphs (6) and (7) of this Subsection that the are extinguished. authority reasonably believes may be entitled to (d) That, except as otherwise provided in notice under this Section of the quiet title and Subparagraph (e) of this Paragraph, the authority foreclosure hearing under Paragraph (11) of this has good and marketable title to the property. Subsection. (e) That all existing recorded and unrecorded (c) A statement that a person with a property interests in that property are extinguished, interest in the property may lose his interest except a visible or recorded easement or right-ofas a result of the foreclosure proceeding under way or private deed restrictions. Paragraph (11) of this Subsection. (f) A finding that all persons entitled to notice (d) The date and time of the hearing on the and an opportunity to be heard have been petition for foreclosure under Paragraph (11) of provided that notice and opportunity. A person this Subsection. shall be deemed to have been provided notice (e) A statement that the judgment of the court and an opportunity to be heard if the authority may result in title to the property vesting in the followed the procedures for provision of notice authority. by mail, by visits to property subject to expedited (f) An explanation of any rights of redemption quiet title and foreclosure, and by publication and notice that judgment of the court may * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored
(House Bills) and underscored and boldfaced (Senate Bills) are additions.

under this Subsection, or if one or more of the following apply: (i) The person had constructive notice of the hearing by acquiring an interest in the property after the date of the recording, under Paragraph (1) of this Subsection, of the notice of pending expedited quiet title and foreclosure action. (ii) The person appeared at the hearing or submitted written objections to the district court under this Subsection prior to the hearing. (iii) Prior to the hearing under this Paragraph, the person had actual notice of the hearing. (12) Except as otherwise provided in Subparagraph (11)(e) of this Subsection, title to property set forth in a petition for foreclosure filed under Paragraph (3) of this Subsection shall vest absolutely in the authority upon the effective date of the judgment by the district court, and the authority shall have absolute title to the property. The authority’s title shall not be subject to any recorded or unrecorded lien, except as provided in Paragraph (11) of this Subsection, and shall not be stayed or held invalid, except as provided in Paragraph (13) of this Subsection. A judgment entered under this Subsection is a final order with respect to the property affected by the judgment and shall not be modified, stayed, or held invalid after the effective date of the judgment, except as provided in Paragraph (13) of this Subsection. (13) The authority or a person claiming to have a property interest under Paragraph (2) of this Subsection in property foreclosed under this Subsection may, within twenty-one days of the effective date of the judgment under Paragraph (11) of this Subsection, appeal the district court’s order or the district court’s judgment foreclosing property to the court of appeals. The appeal of the judgment shall be entitled to preference and priority and shall be handled on an expedited basis by the court of appeal and, if applicable, the Louisiana Supreme Court. In such cases, the record shall be prepared and filed within fifteen days of the granting of the order of appeal. The court of appeal shall hear the case within thirty days after the filing of the appellee’s brief. An appeal under this Paragraph is limited to the record of the proceedings in the district court under this Subsection. The district court’s judgment foreclosing property shall be stayed until the court of appeals has reversed, modified, or affirmed that judgment. If an appeal under this Paragraph stays the district court’s judgment foreclosing property, the district court’s judgment is stayed only as to the property that is the subject of that appeal, and the district court’s judgment foreclosing other property that is not the subject of that appeal is not stayed. To appeal the district court’s judgment foreclosing property, a person appealing the judgment shall pay to the authority any taxes, interest, penalties, and fees due on the property and provide notice of the appeal to the authority within twenty-one days after the district court’s judgment becomes effective. If the district court’s judgment foreclosing the property is affirmed on appeal, the amount determined to be due shall be refunded to the person who appealed the judgment. If the district court’s judgment foreclosing the property is reversed or modified on appeal, the authority shall refund the amount determined to be due to the person who appealed the judgment, if any, and forward the balance to the appropriate taxing jurisdictions in accordance with the order of the court of appeals. (14) The authority shall record a notice of judgment for each parcel of foreclosed property in the office of the register of conveyances. If the authority records a notice of judgment in error, the authority may subsequently record a certificate of correction. A notice or certificate under this Paragraph need not be notarized and may be authenticated by a digital signature or other electronic means. After the entry of a judgment foreclosing the property under this Subsection, if the property has not been transferred by the authority, the authority may cancel the foreclosure

scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

by recording with the register of conveyances a certificate of error, if the authority discovers any of the following: (a) The description of the property used in the expedited quiet title and foreclosure proceeding was so indefinite or erroneous that the foreclosure of the property was void. (b) An owner of an interest in the property entitled to notice of the expedited quiet title and proceedings against the property under this Subsection was not provided notice sufficient to satisfy the minimum due process requirements of the Constitution of Louisiana and the Constitution of the United States. (c) A judgment of foreclosure was entered under this Subsection in violation of an order issued by a United States bankruptcy court. (15) If a judgment of foreclosure is entered under Paragraph (11) of this Subsection, and all existing recorded and unrecorded interests in a parcel of property are extinguished as provided in Paragraph (11) of this Subsection, the owner of any extinguished recorded or unrecorded interest in that property who claims that he did not receive notice of the expedited quiet title and foreclosure action shall not bring an action for possession of the property against any subsequent owner but may only bring an action to recover monetary damages from the authority as provided in this Paragraph. The district court has original and exclusive jurisdiction in any action to recover monetary damages under this Paragraph. An action to recover monetary damages under this Paragraph shall not be brought more than two years after a judgment for foreclosure is entered under Paragraph (11) of this Subsection. Any monetary damages recoverable under this Paragraph shall be determined as of the date a judgment for foreclosure is entered under Paragraph (11) of this Subsection and shall not exceed the fair market value of the interest in the property held by the person bringing the action under this Subsection on that date, less any taxes, interest, penalties, and fees owed on the property as of that date. The right to sue for monetary damages under this Paragraph shall not be transferable except by testate or intestate succession. (16) The owner of a property interest with notice of the quiet title and foreclosure hearing under Paragraph (11) of this Subsection may not assert any of the following: (a) That notice to the owner was insufficient or inadequate in any way because some other owner of a property interest in the property was not notified. (b) That any right to redeem tax reverted property was extended in any way because some other person was not notified. (17) A person holding or formerly holding an interest in tax reverted property subject to expedited foreclosure under this Subsection is barred from questioning the validity of the expedited foreclosure under this Subsection. (18) The failure of the authority to comply with any provision of this Subsection shall not invalidate any proceeding under this Subsection if a person with a property interest in property subject to foreclosure was accorded the minimum due process required under the Constitution of Louisiana and the Constitution of the United States. (19) It is the intent of the legislature that the provisions of this Subsection relating to the expedited quiet title and foreclosure of property by the authority satisfy the minimum requirements of due process required under the Constitution of Louisiana and the Constitution of the United States but that the provisions do not create new rights beyond those required under the Constitution of Louisiana or the Constitution of the United States. The failure of the authority to follow a requirement of this Section relating to the expedited quiet title and foreclosure of property held by the authority shall not be construed to create a claim or cause of action against the * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under-

authority unless the minimum requirements of due process accorded under the Constitution of Louisiana or the Constitution of the United States are violated. (20) As used in this Subsection, “authorized representative” includes one or more of the following: (a) A title insurance company or agent licensed to conduct business in this state. (b) An attorney licensed to practice law in this state. (c) A person accredited in land title search procedures by a nationally recognized organization in the field of land title searching. (d) A person with demonstrated experience in the field of searching land title records, as determined by the authority. (21) As used in this Subsection, “district court” shall mean the Nineteenth Judicial District Court. Section 2. R.S. 44:4.1(B)(18) is hereby amended and reenacted to read as follows: §4.1. Exceptions * * * B. The legislature further recognizes that there exist exceptions, exemptions, and limitations to the laws pertaining to public records throughout the revised statutes and codes of this state. Therefore, the following exceptions, exemptions, and limitations are hereby continued in effect by incorporation into this Chapter by citation: * * * (18) R.S. 33:1334, 2182, 2428, 4720.151, 9109, 9128 * * * Section 3. R.S. 33:4720.151(G)(13) is hereby repealed in its entirety. Section 4. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to 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. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State -------ACT No. 892 --HOUSE BILL NO. 1155 BY REPRESENTATIVE MORRELL AN ACT To amend and reenact Section 4 of Act No. 762 of the 1986 Regular Session of the Legislature, as amended by Act No. 875 of the 1988 Regular Session of the Legislature, as amended by Act No. 1227 of the 1995 Regular Session of the Legislature, and as amended by Act No. 932 of the 2003 Regular Session of the Legislature, relative to the Greater New Orleans Expressway Commission; to provide for use of surplus funds; to provide for an effective date; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. Section 4 of Act No. 762 of the 1986 Regular Session of the Legislature, as amended by Act No. 875 of the 1988 Regular Session of the Legislature, as amended by Act No. 1227 of the 1995 Regular Session of the Legislature, and as amended by Act No. 932 of the 2003 Regular Session of the Legislature, is hereby amended and reenacted to read as follows: Section 4. Security for bonds The bonds may be secured in the same manner as the outstanding bonds, said outstanding bonds being payable from the tolls and other revenues derived from the operation of the expressway as supplemented by State Highway Fund No. 2 monies allocated exclusively to the parishes for the payment of bonds issued in connection with the construction and improvement of the expressway or the refunding of such bonds. The THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 521

dedication of State Highway Fund No. 2 monies into the payment of bonds of the commission and the parishes, which is authorized by and remains in effect under the Louisiana Constitution of 1974, is hereby reaffirmed and shall remain in effect until all bonds of the commission authorized heretofore and hereby have been paid in full or defeased, and there is hereby authorized to be pledged to the payment of such bonds the income and revenues derived from the operation of the expressway and the aforesaid State Highway Fund No. 2 monies. The bonds also may be secured by a trust agreement by and between the commission and one or more corporate trustees, and may be further secured by credit enhancement devices, including but not limited to letters of credit, bank guarantees, municipal bond insurance, and any other cost-effective device designed to improve the credit quality and marketability of securities. After the discharge and release of the Trust Agreement for Greater New Orleans Expressway dated as January 1, 1967, securing the outstanding bonded indebtedness of the commission, any revenues of the commission remaining at the end of each fiscal year after (i) payment of all expenses of maintaining and operating the facilities of the commission and providing for necessary renewals and replacements thereof, and (ii) satisfaction of all obligations of the commission under the terms of any resolution, ordinance, or indenture authorizing the issuance of any bonds authorized in Section 2 of this Act, shall be considered surplus. This surplus shall be transferred at the end of each fiscal year to the treasurer of the state of Louisiana for deposit in the state treasury. The first year first-year surplus of three million dollars shall be transferred to the state treasury no later than January 1, 1987; however, prior to the transfer of such surplus to the state treasury, the commission shall use so much of said surplus as may be necessary for its officer officers to police the Huey P. Long Bridge and shall transfer fifty thousand dollars each fiscal year to each of the parishes of Jefferson, St. Tammany, St. Charles, St. John the Baptist, and Tangipahoa, and to the Washington Convention Facility Fund in the state treasury and to the city of New Orleans for the sole use of the New Orleans Police Department for the Fiscal Year 2003-2004, for the purpose of purchasing bullet-proof bulletproof vests for the Strategic Weapons and Tactics Team, and, beginning Fiscal Year 2007-2008 and each fiscal year thereafter, one -half for the New Orleans Recreational Department, and one-half for the use of the New Orleans Police Department, to be used in Fiscal Year 2007-2008 to replace/upgrade equipment for the Special Operations Division and in Fiscal Year 2008-2009 and thereafter for the purchase of bulletproof vests for new officers; provide provided further than that any such action shall require the approval of the House and Senate Committees on Transportation, Highways and Public Works committees on transportation, highways, and public works and the Joint Legislative Committee on the Budget. * * * Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State --------

ACT No. 893 --HOUSE BILL NO. 1170 BY REPRESENTATIVE ARNOLD AN ACT To enact R.S. 32:1274(E), relative to licensing fees charged by the Louisiana Motor Vehicle Commission; to provide for licensing fees of warrantors; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 32:1274(E) is hereby enacted to read as follows: §1274. License and filing requirements; licensing fees * * * E.(1) The licensing fee for a warrantor for each calendar year or part thereof shall not exceed five hundred dollars as fixed by the commission. (2) All licensing fees collected under the provisions of this Section shall be paid to the commission, shall be nonrefundable, and shall be used for the administration of this Chapter by the commission. (3) Upon approval of an application and the payment of a fee, the commission shall issue a license to the applicant to engage in business as a warrantor under and in accordance with the provisions of Chapter 6 of this Title and this Chapter for a period which shall expire the last day of December following the date of issuance. Such license shall not be transferable or assignable. Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval. This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State -------ACT No. 894 --HOUSE BILL NO. 1193 BY REPRESENTATIVE RITCHIE AND SENATOR WALSWORTH AN ACT To amend and reenact R.S. 3:2772(B) and to enact R.S. 3:2772(G), (H), and (I), relative to kennel licenses for dog breeders; to provide for license fees; to provide for penalties; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 3:2772(B) is hereby amended and reenacted and R.S. 3:2772(G), (H), and (I) are hereby enacted to read as follows: §2772. Dog, cat, and kennel licenses fee and certificate; records * * * B. The governing body of each municipality or parish may, by ordinance, fix the sum to be paid annually for the dog or cat license fee, which sum shall not be more than eight ten dollars for each spayed or neutered dog or cat and not more than sixteen twenty dollars for each unspayed or unneutered dog or cat. However, notwithstanding any provisions to the contrary, the governing body of any municipality or parish with a population in excess of four hundred seventy-five thousand persons may, by ordinance, fix the sum to be paid annually for the dog or cat license fee, which sum shall not be more than eight ten dollars for each spayed or neutered dog or cat and not more than sixteen twenty dollars for each unspayed or unneutered dog or cat, and any such funds derived from said license fee shall be dedicated * As it appears in the enrolled bill

solely for the capture, control, and housing of stray animals. * * * G. Any individual or business with five or more dogs and who breeds and sells dogs retail, wholesale, or to the public is required to procure a kennel license and pay a kennel license fee in lieu of the individual dog licenses and license fees provided for herein. The governing body of each municipality or parish may, by ordinance, fix the sum to be paid annually for the kennel license fee, which sum shall be dedicated solely for animal impoundment facilities and not be more than: (1) Fifteen dollars, if no more than five dogs over the age of six months are harbored on the owner’s premises at the time of the application. (2) Twenty-five dollars, if more than five dogs but no more than ten dogs over the age of six months are harbored on the owner’s premises at the time of the application. (3) Thirty dollars, if more than ten dogs over the age of six months are harbored on the owner’s premises at the time of the application. H. No individual or business that breeds, buys, or sells dogs retail, wholesale, or to the public shall maintain more than seventy-five dogs over the age of one year at any time for breeding purposes. I. Any person who violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State -------ACT No. 895 --HOUSE BILL NO. 1258 BY REPRESENTATIVE EDWARDS AN ACT To amend and reenact R.S. 13:4366(A)(1) and (2), relative to fees for appraisals conducted prior to a sheriff’s sale; to increase the fees for appraisals conducted prior to a sheriff’s sale on movables; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 13:4366(A)(1) and (2) are hereby amended and reenacted to read as follows: §4366. Fees of appraisers A.(1) The fees of the appraisers shall be fixed by the sheriff at twenty-five not more than fifty dollars on movables, and not less than one hundred dollars nor more than three hundred fifty dollars on immovable property for each appraiser. (2) On ex parte motion of the sheriff, the court may order a fee to be paid in excess of twenty-five fifty dollars on movable items and in excess of three hundred fifty dollars on immovable property if, in the court’s judgment, the property cannot be adequately appraised at the fees established in Paragraph (1) of this Subsection. The sheriff shall attach to the motion a statement of the reasons for requesting payment of the excess fees before the court can authorize a payment in excess of the established fees. * * * This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State --------

THE ADVOCATE PAGE 522

CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

ACT No. 896 --HOUSE BILL NO. 1297 BY REPRESENTATIVES BARROW AND ELBERT GUILLORY AN ACT To enact R.S. 33:1236.28, relative to buildings and structures that endanger the public health and welfare; to authorize parish and municipal ordinances, rules, and regulations to require securing or condemnation and demolition or removal or both of such structures and maintenance of property; to provide for notice; to provide for costs and payment of costs and procedures therefor; to authorize national guard assistance in removal and demolition of structures under certain conditions; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 33:1236.28 is hereby enacted to read as follows: §1236.28. Liens for removal and securing dangerous structures; maintenance of property; interest; assistance of national guard A.(1) The governing authority of a parish or municipality may adopt ordinances, rules, and regulations to: (a) Provide for the securing of any building or other structure situated within the parish or municipality which, by reason of its nature or condition, endangers the public welfare or safety. (b) Provide for the condemnation and demolition, removal, or both demolition and removal of any building or other structure situated within the parish or municipality which, by reason of its nature or condition, endangers the public welfare or safety. (c) Provide a method for securing, or demolishing or removing, or both, buildings or structures, as well as a method of maintaining property in a sanitary condition including grass cutting, weed abatement, or trash and junk removal, at the expense of the property owner. (d) Provide for fines for the failure of any property owner to comply with ordinances adopted pursuant to this Section. (2) Ordinances adopted pursuant to this Section shall include a provision for notification of the property owner or any other party in interest and an opportunity to be heard. (3) For purposes of this Section, unless the context clearly indicates otherwise: (a) “Building or structure” shall include any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind, including any part or component of such structure, and shall also include a manufactured home as defined in R.S. 47:301(16)(g)(ii). (b) “Endangers the public welfare or safety” shall include such nature or condition as may cause harm to the physical well-being of members of the public or which may facilitate or encourage criminal activity within such structure or on such property. (c) “Property owner” shall mean the owner or owners of the property on which the building or structure is situated. It may also mean the owner or owners of the building or structure. (d) “Secured” shall mean the closing of the building or structure by means of placing or attaching boards or other materials over doors, windows, and other means of entrance in order to prohibit persons from entering the building or structure and in order to maintain it in its present condition without further damage to such building or structure and to provide that the building or structure is no longer a danger to the public welfare and safety. B.(1) Upon failure of the property owner to pay any fine levied as provided by ordinance or any costs incurred by the parish or municipality for securing, or demolishing or removing, or both, of any such structure, or for maintenance of property in a sanitary condition, the parish or municipal

governing authority may file a certified copy of the order levying a fine or fines or a copy of an invoice reflecting the amount of such costs with the recorder of mortgages, and the same, when so filed and recorded, shall operate as a lien and privilege in favor of the parish or municipality against the property. (2) In addition, the ordinances may provide for interest on costs incurred by the parish or municipality, which shall be paid prior to cancellation of the lien. The rate of interest shall not exceed the rate of judicial interest, as provided in R.S. 9:3500(B)(1), and shall be computed from the date of recordation of the lien until paid or enforced. (3) The lien obtained by the parish or municipality pursuant to this Section shall include not only the costs provided for in Paragraphs (1) and (2) of this Subsection but shall include all costs incurred in the locating of the owner, notification of the owner, and the enforcement and collection of the amount secured by the lien. (4) The privilege and lien obtained by the parish or municipality shall prime all other liens or privileges against the property filed after the notice to the owner is filed with the recorder of mortgages pursuant to this Section, regardless of the date on which the lien and privilege is perfected, except that the lien and privilege shall not prime other tax liens against the property. C.(1) After the parish or municipality has levied such fine or fines or incurred such costs as constitute the lien and privilege on the property, the tax assessor of the parish shall add any of such amounts that have not been paid to the next ad valorem tax bill of the owner of the property, and such amount shall be subject to the same interest and penalties as delinquent ad valorem taxes. (2) The privilege and lien may be enforced against the subject property in the district court pursuant to the Code of Civil Procedure. (3) The amount of any lien operating against the property obtained by a parish or municipality as provided in this Section and any interest accruing thereon may be canceled in whole or in part by the parish or municipal governing authority in order to facilitate the sale or disposition of the property for the unpaid lien. (4) If the sale of the property does not cover the lien and costs as provided by this Section, the governing authority may seek to recover any deficiency from the property owner. D.(1) The governing authority may request and the adjutant general may assign, subject to the approval of the governor, national guard personnel and equipment to assist in the removal and demolition of condemned buildings, structures, or public nuisances. The provisions of this Subsection shall be applicable when the budget for the demolition and removal of condemned structures has been expended by the parish or municipal governing authority. However, the request must be accompanied by documentation that all procedural protections and substantive restraints have been adhered to by the governing authority. The parish or municipality shall reimburse the state for any costs incurred for activation of the national guard and for any expenses incurred by the national guard for accomplishing the purposes of this Subsection. (2) In the event all procedural protections and substantive restraints have been adhered to by the governing authority, the parish or municipality and its personnel and the national guard and its personnel shall not be liable to the owner of the building, structure, or public nuisance for any damages sustained resulting from the demolition of the building, structure, or public nuisance. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State --------

ACT No. 897 --HOUSE BILL NO. 1304 BY REPRESENTATIVE BALDONE AN ACT To enact R.S. 33:4564(D), relative to the boards of commissioners of recreation districts in certain parishes; to provide for a per diem for members of such boards; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 33:4564(D) is hereby enacted to read as follows: §4564. Board of commissioners; appointment and tenure; organization; secretary-treasurer; compensation * * * D. Notwithstanding the provisions of Subsection B of this Section, each commissioner of a recreational district in a parish with a population between one hundred thousand and one hundred five thousand based on the most recent federal decennial census shall receive a per diem of twenty-five dollars. This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State -------ACT No. 898 --HOUSE BILL NO. 1305 BY REPRESENTATIVE DOWNS AN ACT To amend and reenact R.S. 40:1472.2(6), (14), (19), (25), and (26), 1472.3(A), (B), (C), (D), and (E), 1472.5(B), (C), and (E), 1472.6(A), and 1472.7(A) and to enact R.S. 40:1472.2(28), relative to the issuance of explosive licenses; to increase fees for the issuance of explosives licenses; to create an additional class of explosives license; to provide for more stringent requirements for explosives licenses; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 40:1472.2(6), (14), (19), (25), and (26), 1472.3(A), (B), (C), (D), and (E), 1472.5(B), (C), and (E), 1472.6(A), and 1472.7(A) are hereby amended and reenacted and R.S. 40:1472.2(28) is hereby enacted to read as follows: §1472.2. Definitions The following words used in this Part shall have the meanings respectively ascribed to them in this Section, including singular as follows: * * * (6) “Dealer Dealer-distributor” means a person engaged in the wholesale or retail business of buying and selling or distribution of explosives, provided that should a manufacturer-distributor manufacturer make sales to users, such manufacturer shall not be required to obtain an additional license as a dealer. * * * (14) “Manufacturer-distributor Manufacturer” means a person engaged in the manufacture, compounding, or combining, or distribution of explosives. * * * (19) “Primary licensee” is the responsible party holding a valid manufacturer-distributor manufacturer, dealer dealer-distributor, or user license. * * * (25) “Unauthorized persons” means those persons not employed by the licensed company or authorized by the licensed manufacturerdistributor manufacturer, dealer dealerdistributor, or user. (26) “User” means a person who, as an ultimate consumer of an explosive, purchases the same from a dealer dealer-distributor or manufacturerTHE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 523

CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

* As it appears in the enrolled bill

distributor manufacturer or means a dealer or manufacturer who uses an explosive as an ultimate consumer. * * * (28) “Handler” shall mean a person who touches, moves, or otherwise handles explosives but does not detonate or otherwise effect the explosion of explosives or explosives materials. The license issued to a handler shall not be used by a blaster or user who uses explosives as an ultimate consumer. §1472.3. License; manufacturer-distributor manufacturer, dealer dealer-distributor, user, or blaster, or handler of explosives A.(1) It shall be unlawful for any person or business to engage in the business of a manufacturer-distributor of or dealer in explosives or to acquire, sell, possess, store, or engage in the use of, or otherwise handle explosives in this state, except in conformity with the provisions of this Part. Each manufacturer-distributor manufacturer, dealer dealer-distributor, user, or blaster, or handler, as such words are defined in R.S. 40:1472.2, shall possess a valid and subsisting license issued by the deputy secretary. (2) Any person operating as a blaster, as defined in this Part, who is solely engaged in the initiation of fireworks for public display and holds a valid pyrotechnic operator license or a pyrotechnic special effects operator license issued by the state fire marshal in accordance with R.S. 51:650 et seq. shall not be required to obtain a blaster’s license issued pursuant to this Part. (3) License holders shall be required to receive additional training as prescribed by the deputy secretary who shall approve all courses of instruction and all instructors of such courses in accordance with regulations adopted pursuant to this Part. B. Each manufacturer-distributor manufacturer, dealer dealer-distributor, and user maintaining a Type 1, Type 2, Type 4, or Type 5 storage magazine as defined by regulations promulgated pursuant to this Part shall possess an additional license, as herein set forth, for each magazine. Type 3 portable magazines or “day boxes” used for taking detonators and other explosives from storage magazines to the blasting area are exempt from the licensing and location reporting requirements of this Subsection. The department shall assign to each magazine licensed pursuant to this Part a license number which shall be posted on the magazine in a manner prescribed by the department. Locations The exact location of such magazines shall be exactly reported to the deputy secretary in the application for such license. Any change in such magazine locations shall be reported to the Department of Public Safety and Corrections, explosives control unit, in advance of the actual change in a manner prescribed by the department. Written notice of such location change shall be filed with the Department of Public Safety and Corrections, explosives control unit and the deputy secretary, not later than seven working calendar days after such change is effected. Type 3 portable magazines or “day boxes” used for taking detonators and other explosives from storage magazines to the blasting area are exempt from the licensing and location reporting requirements of this Subsection. C.(1) Licenses shall be required for the following and the fees therefor are as follows: 1 yr. 2 yr. 3 yr. (a) Manufacturer-distributor Manufacturer $100.00 $200 $400 $550 (b) Dealer Dealer-distributor $100.00 $200 $400 $550 $30.00 $100 $200 $250 (c) User $20.00 $50 * * (d) Magazine $20.00 $50 $125 $200 (e) Blaster (f) Handler $50 $100 $125 (2) License holders may renew their licenses ninety days prior to expiration. The department shall notify license holders of the expiration of their licenses at least sixty days prior to expiration. THE ADVOCATE PAGE 524

(2) (3) The nonrefundable fees in Paragraph (1) a “Dishonorable Discharge”. In the case of of this Subsection shall be submitted with the commissioned officers and warrant officers of license application but shall not apply to Type 3 the United States Armed Forces, the punishment Magazines. of “Dismissal” rendered subject to a verdict of D. Said Such licenses shall be issued by the “guilty” at a trial by military court-martial is deputy secretary for one calendar year beginning deemed to be disqualifying under this Paragraph. with a period not to exceed three years from the For the purposes of this Subparagraph, the United date of issue issuance, excluding magazines which States Coast Guard is considered an armed force. shall be licensed solely on an annual basis. (o) Not have a history of engaging in violent E.(1) The forms of such licenses and behavior. There shall be a rebuttable presumption applications therefor shall be prescribed by the that an applicant has a history of engaging in deputy secretary and shall require a photo and violent behavior upon proof that, within a tenfingerprint of the applicant as well as such other year period immediately preceding the date of the information and data as the deputy secretary application, the applicant has been arrested or deems appropriate. No license shall be issued to charged on three or more occasions for any crime a convicted felon. of violence as defined in R.S. 14:2(B), or has been (2) To qualify for a license, an applicant shall: arrested or charged on two or more occasions for (a) Make sworn application to the department. any crime of violence that may be punished by The providing of false or misleading information death. in the application or any documents submitted (3)(a) The deputy secretary shall revoke the with the application shall be grounds for the license if at any time during the license period denial or revocation of a license and shall subject the license holder fails to satisfy any one of the applicant to criminal prosecution. Any the qualification requirements provided for in license holder under this Section shall notify the Paragraph (2) of this Subsection. department of any name or address change within (b) The department shall execute a thorough thirty days of the change. Failure to timely notify background investigation, including a criminal the department of a name or address change may history check, of every applicant for the purpose result in suspension of the license for up to thirty of verifying the qualifications of the applicant days. pursuant to the requirements of this Section. For (b) Agree in writing to hold harmless and purposes of this Subparagraph, a background indemnify the department, the state, or any peace check shall be defined as a computer check of officer for any and all liability arising out of the available online state records, as well as national issuance or use of a license issued pursuant to records including but not limited to the federal this Part. Interstate Identification Index and fingerprints (c) Be twenty-one years of age or older. which shall be forwarded to the Federal Bureau (d) Not suffer from a mental or physical infirmity of Investigation for a national identification and due to disease, illness, or retardation which criminal history records check. prevents the safe handling of explosives. (4)(a) Anyone who handles, moves, uses, (e) Not be ineligible to possess an explosives manipulates, or otherwise detonates explosives license by virtue of having been convicted of a and does so with a blood alcohol concentration of felony. .02 percent or greater by weight of alcohol in the (f) Not have been committed, either voluntarily blood or when a blood or urine test confirms the or involuntarily, for the abuse of a controlled presence of any abused or controlled substance dangerous substance, as defined by R.S. 40:961 and that has been prescribed by a licensed medical 964, or been found guilty of or entered a plea of practitioner shall constitute a violation of Careless guilty or nolo contendere to a misdemeanor under Use of Explosives as found in R.S. 40:1472.18 and the laws of this state or similar laws of any other shall be cause for the immediate suspension of state relating to a controlled dangerous substance the person’s explosive license issued pursuant to within a five-year period immediately preceding this Chapter. the date on which the application is submitted, or (b) Anyone who handles, moves, uses, be presently charged under indictment or a bill of manipulates, or otherwise detonates explosives information for such an offense. and does so with a blood alcohol concentration of (g) Not have entered a plea of guilty or .08 percent or greater by weight of alcohol in the nolo contendere to or been found guilty of blood or when a blood or urine test confirms the a crime of violence as defined in R.S. 14:2 at presence of any abused or controlled dangerous the misdemeanor level, unless five years have substance that was not prescribed by a licensed elapsed since completion of sentence or any other medical practitioner shall constitute a violation conditions set by the court have been fulfilled, of Reckless Use of Explosives as found in R.S. or unless the conviction was set aside and the 40:1472.19 and shall be cause for the person’s prosecution dismissed prior to the date on which explosives license issued pursuant to this Chapter the application is submitted. to be revoked for life. (h) Not have been convicted of, have entered (5) The tested license holder may have a a plea of guilty or nolo contendere to, or not be physician or a qualified technician, chemist, charged under indictment or a bill of information registered nurse, or other qualified person of his for any crime of violence or any crime punishable own choosing administer a chemical test or tests by imprisonment for a term of one year or greater. in addition to any administered at the direction A conviction, plea of guilty, or plea of nolo of a law enforcement officer. The license holder contendere for the purposes of this Paragraph shall be given the opportunity to telephone and shall include a dismissal and conviction set request the qualified person to administer such aside under the provisions of Code of Criminal test. Procedure Article 893. * * * (i) Not be a fugitive from justice. §1472.5. Maintenance of records; inspection; (j) Not be a person whose prior activities, arrest notice of sale or delivery or arrests, criminal record, reputation, habits, * * * and associations pose a threat to public safety. B. Manufacturer-distributors Manufacturers (k) Not be an unlawful user of or addicted to and dealers dealer-distributors shall keep marijuana, depressants, stimulants, or narcotic accurate accounts of all inventories and sales of drugs. explosives. (l) Not have been adjudicated to be mentally C. All such sales shall be evidenced by an deficient or been committed to a mental “Explosive Bill of Sale”. The manufacturerinstitution. distributor manufacturer or dealer dealer(m) Be a legal resident of the United States. distributor shall retain the original and shall (n) Not have been discharged from the Armed provide one copy to the purchaser, one copy Forces of the United States with a discharge to the deputy secretary, and one copy to the characterized as “Under Other than Honorable explosives control unit. Such bills of sale so Conditions”, a “Bad Conduct Discharge”, or delivered to purchasers shall bear the name of * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored
(House Bills) and underscored and boldfaced (Senate Bills) are additions.

the manufacturer or dealer dealer-distributor and the purchaser, date of sale, quantity sold, use for which the explosive is purchased, the address of the purchaser, and the date-shift code. * * * E. Manufacturer-distributors Manufacturers and dealers dealer-distributors shall retain all records of inventories, invoices, sales tickets, and copies thereof and shall make the same available to any peace officer of this state, and the deputy secretary or his duly authorized representative at such intervals as the secretary shall deem appropriate. * * * §1472.6. Sales authorized only to licensees A. No manufacturer-distributor manufacturer or dealer dealer-distributor shall sell any explosive unless the purchaser thereof is duly licensed under the provisions of this Part and authorized to purchase same and the explosives are to be used by the purchaser for a purpose covered by the purchaser’s license. * * * §1472.7. Reports of losses or thefts; illegal use or illegal possession A. Any sheriff, police department, or peace officer of this state shall give immediate notice to the deputy secretary of any losses, thefts, illegal uses, or illegal possession of explosives within the purview of this Part, coming to his attention, and shall forward a copy of his final written report to the deputy secretary. Any manufacturerdistributor, dealer, user, or blaster manufacturer, dealer-distributor, user, blaster, or handler who knows that explosives in his possession have been lost, stolen, or otherwise misappropriated shall immediately notify the nearest sheriff’s office or police department and the deputy secretary of such fact. In addition, each manufacturerdistributor manufacturer, dealer dealerdistributor, and user shall physically inspect all magazines at least one time every seven days to ensure security of the explosives. * * * This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State --------

annual tuition amounts for full-time resident and nonresident students enrolled at the law center: (a) For full-time students in the first year class in Fall 2008, an increase of five hundred dollars from the annual tuition amount in effect for the 2007-2008 academic year. The tuition amount authorized by this Subparagraph for such students shall continue and shall not be increased through the Spring 2011 semester. (b) For full-time students in the first year class in Fall 2009, an increase of five hundred dollars from the annual tuition amount in effect for the 2008-2009 academic year. The tuition amount authorized by this Subparagraph for such students shall continue and shall not be increased through the Spring 2012 semester. (c) For full-time students in the first year class in Fall 2010 and thereafter and for full-time students in the first year class in the fall of subsequent years and thereafter, an increase of five hundred dollars from the annual tuition amount in effect for the 2009-2010 academic year. (3) The authority to impose tuition amounts provided by this Subsection shall include the authority to impose proportional amounts for part-time students and for summer sessions. Proceeds from the tuition increases authorized by this Subsection shall not be used to pay salaries of law center administrators or other university or university system administrators. Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval. This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State --------

ACT No. 900 --HOUSE BILL NO. 1369 (Substitute for House Bill No. 948 ACT No. 899 by Representative St. Germain) --BY REPRESENTATIVES ST. GERMAIN, HOUSE BILL NO. 1314 BALDONE, BARROW, BILLIOT, HENRY BY REPRESENTATIVE MICHAEL JACKSON BURNS, BURRELL, CHAMPAGNE, DIXON, AND SENATOR DORSEY DOERGE, GISCLAIR, HARRISON, LABRUZZO, AN ACT LEBAS, LEGER, MORRIS, PETERSON, JANE To amend and reenact R.S. 17:1855(D)(2) and to SMITH, TRAHAN, AND WOOTON enact R.S. 17:1855(D)(3), relative to tuition; to AN ACT authorize the Board of Supervisors of Southern To amend and reenact R.S. 22:1405(B)(2)(introduc University and Agricultural and Mechanical tory paragraph) and to enact R.S. 22:1405(B)(2)(i) College to increase tuition amounts for students and (j), (D)(11), and (M), relative to property in future years entering the law center; to insurance; to provide for the formation of an authorize proportional amounts for part-time advisory committee of the board of directors and for summer sessions; to provide limitations; of the Property Insurance Association of to provide for effectiveness; and to provide for Louisiana to study and evaluate the public fire related matters. protection classification or grading for a public Be it enacted by the Legislature of Louisiana: fire protection area; to provide for membership Section 1. R.S. 17:1855(D)(2) is hereby amended of the board of directors of the Louisiana and reenacted and R.S. 17:1855(D)(3) is hereby Property Insurance Association of Louisiana; enacted to read as follows: and to provide for related matters. §1855. Student tuition and attendance fees; Be it enacted by the Legislature of Louisiana: program fees; authority to impose Section 1. R.S. 22:1405(B)(2)(introductory * * * paragraph) is hereby amended and reenacted D. and R.S. 22:1405(B)(2)(i) and (j), (D)(11), and (M) are * * * hereby enacted to read as follows: (2) In addition to the authority granted to the §1405. Fire insurance rates; the Property Board of Supervisors of Southern University Insurance Association of Louisiana and Agricultural and Mechanical College by * * * Paragraph (A)(2) of this Section, Paragraph (1) B. of this Subsection, R.S. 17:3351(A)(5) and 3351.1, * * * and in accordance with the provisions of Article (2) The board of directors of the association VII, Section 2.1 of the Constitution of Louisiana, shall be residents of this state and consist of the board may impose the following increases in seventeen nineteen members, as follows: * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

* * * (i) One member shall be a representative designated by the Louisiana Fire Chiefs Association. (j) One member shall be a representative designated by the Louisiana State Firemen’s Association. * * * D. The powers and duties of the association shall be: * * * (11) To consider the addendum and other recommendations of the advisory committee of the board of directors of the Property Insurance Association of Louisiana in accordance with Subsection M of this Section and to make public the current addendum as approved by the board of directors of the Property Insurance Association of Louisiana. * * * M.(1) An advisory committee to the board of directors to the Property Insurance Association of Louisiana shall be formed. The advisory committee shall study and evaluate the public fire protection classification or grading for a public fire protection area, which shall include the Louisiana addendum to the ISO Fire Suppression Rating Schedule. (2) The board of directors of the Property Insurance Association of Louisiana shall establish and provide for the meetings of the advisory committee which shall be composed as follows, with each individual member of the advisory committee serving as a voting member of the committee: (a) Three members of the Property Insurance Association of Louisiana board of directors. (b) One member from the Louisiana Fire Chiefs Association. (c) One member from the Louisiana State Firemen’s Association. (d) One member from the Professional Fire Fighters Association of Louisiana. (e) The director of the Fire Rating Division of the Property Insurance Association of Louisiana. (f) The Louisiana State Fire Marshal. (3) The chairman of the advisory committee shall be the executive director of the Property Insurance Association of Louisiana and shall be a non-voting member. (4) The advisory committee shall serve in an advisory capacity to the board of directors of the Property Insurance Association of Louisiana. Section 2. In the event that the Property Insurance Association of Louisiana is, pursuant to other legislation enacted during this 2008 Regular Session, succeeded by another community insurance rating organization which is assigned the duties of developing public fire protection rating classifications used for fire insurance rating purposes, which operates in Louisiana, and which uses the Insurance Services Office Fire Suppression Rating Schedule, the Louisiana State Law Institute shall accordingly change all references to the Property Insurance Association of Louisiana in R.S. 22:1405 through 1405.5 to that succeeding community insurance rating organization. Section 3. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to 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. Approved by the Governor, July 9, 2008. A true copy: Jay Dardenne Secretary of State --------

THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 525

ACT No. 901 --HOUSE BILL NO. 1381 (Substitute for House Bill No. 1194 by Representative Ritchie) BY REPRESENTATIVE RITCHIE AN ACT To amend and reenact R.S. 44:4.1(B)(29) and to enact R.S. 47:1515.3, relative to cooperative agreements; to provide for a cooperative agreement between the Department of Agriculture and Forestry and the Department of Revenue; to provide for collection of delinquent timber severance taxes; and to provide for related matters. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 47:1515.3 is hereby enacted to read as follows: §1515.3. Authority to collect severance taxes, interest, penalties, and fees; Department of Agriculture and Forestry A. To facilitate the collection of timber severance taxes, interest, penalties, and fees due to the Department of Revenue pursuant to Chapter 6 of this Title, the secretary is hereby authorized to enter into an agreement with the Department of Agriculture and Forestry. B. The agreement between the Department of Revenue and the Department of Agriculture and Forestry shall be executed by the secretary of the Department of Revenue and the commissioner of the Department of Agriculture and Forestry. The agreement shall provide the manner of collection, the timber severance tax, interest, penalties, and fees to be collected, the costs of collection, an administrative fee of one and one-half percent, examination of records and documents, and such other terms and conditions necessary to effectuate the agreement. C. In addition to the timber severance tax, interest, penalties, and fees ordinarily assessed by the Department of Revenue, the severance tax debtor shall pay a collection fee not to exceed fifteen percent of the total liability. The collection fee shall be paid to the Department of Agriculture and Forestry. D. The secretary shall provide information to the Department of Agriculture and Forestry concerning the accounts of taxpayers only to the extent necessary for the Department of Agriculture and Forestry to fulfill the terms of the agreement. The Department of Agriculture and Forestry shall provide information regarding timber severance taxes to the Department of Revenue in accordance with the terms of the agreement. The information furnished by the Department of Revenue and the Department of Agriculture and Forestry to each other under the agreement shall be considered confidential and privileged by the Department of Agriculture and Forestry employees, to the same extent as provided by R.S. 47:1508. Section 2. R.S. 44:4.1(B)(29) is hereby amended and reenacted to read as follows: §4.1. Exceptions * * * B. The legislature further recognizes that there exist exceptions, exemptions, and limitations to the laws pertaining to public records throughout the revised statutes and codes of this state. Therefore, the following exceptions, exemptions, and limitations are hereby continued in effect by incorporation into this Chapter by citation: * * * (29) R.S. 47:15, 349, 633.6, 1508, 1515.3, 1516, 1837, 2327, 2605, 9006 * * * Section 3. This Act shall become effective on July 1, 2008. This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State -------THE ADVOCATE PAGE 526

ACT No. 902 --HOUSE BILL NO. 299 BY REPRESENTATIVE MORRELL AN ACT To enact R.S. 33:2740.69, relative to Orleans Parish; to create the Gentilly Development District within the parish; to provide relative to the boundaries, purpose, and powers and duties of the district; to provide relative to district funding, including the authority to levy taxes; and to provide for related matters. Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 33:2740.69 is hereby enacted to read as follows: §2740.69. The Gentilly Development District; creation, composition, and powers; levy of ad valorem taxes and issuance of bonds A. There is hereby created within the parish of Orleans a body politic and corporate which shall be known as the Gentilly Development District, referred to in this Section as the “district”. The district shall be a political subdivision of the state as defined in the Constitution of Louisiana. B. The boundaries of the district shall encompass the area included within the following perimeter: Beginning at the intersection of Bayou St. John and Robert E. Lee Boulevard; then following Robert E. Lee Boulevard to its intersection with Leon C. Simon Boulevard; then Leon C. Simon Boulevard to its intersection with the Industrial Canal; then along the Industrial Canal to its intersection with I-10; then along I-10 to its intersection with I-610; then along I-610 to Bayou St. John; then Bayou St. John to the point of beginning. C. The governing authority of the city of New Orleans, referred to in this Section, collectively, as the “city council”, shall have such power and control over and responsibility for the functions, affairs, and administration of the district as provided in this Section. D. The district shall be governed by a sixmember board of commissioners, referred to in this Section as the “board”. The board shall be composed as follows: (1)(a) The state representative who represents House District No. 97, or his designee. (b) The state representative who represents House District No. 96, or his designee. (c) The state senator who represents Senate District No. 3, or his designee. (d) The mayor of the city of New Orleans, or his designee. (e) The city council member whose district encompasses all or a greater portion of the area of the district, or his designee. (f) The assessor for the area included within the district, or his designee. (2)(a) Each designee shall serve at the pleasure of his respective designating authority. Members shall serve until their successors have been appointed and qualified. (b) Any vacancy which occurs in the membership of the board shall be filled in the same manner as the original appointment. (3) As soon as practicable after its appointment, the board shall meet and elect from its number a chairman, a vice chairman, a treasurer, and such other officers as it may deem appropriate. A secretary of the board may be selected from among the members or may be otherwise selected or employed by the board. The duties of the officers shall be fixed by bylaws adopted by the board. (4) The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business and affairs and shall engage such assistants and employees as are needed to assist the board in the performance of its duties. It shall hold regular meetings as shall be provided by its bylaws and may hold special meetings at such time and places within * As it appears in the enrolled bill

or without the districts as may be prescribed in its rules or regulations. (5) A majority of the members of the board shall constitute a quorum for the transaction of business. The board shall keep minutes of all regular and special meetings and shall make them available to the public in conformance with law. (6) The members of the board shall serve without compensation; however, they shall receive travel allowance as reimbursement for expenses incurred while attending to the business of the district. (7) Any member of the board may serve on the board of a private entity which enters into contracts with the district provided that the member does not receive compensation from the private entity. E.(1) All services to be furnished within the district may be furnished, supplied, and administered by the city of New Orleans through its regularly constituted departments, agencies, boards, commissions, and instrumentalities as appropriate in the circumstances; and all capital improvements and facilities to be acquired, constructed, or provided within the district, whether from the proceeds of bonds or otherwise, may likewise be so acquired, constructed, or provided by the city of New Orleans through its regularly constituted departments, agencies, boards, commissions, and instrumentalities as appropriate in the circumstances, it being the intention hereof to avoid absolutely the duplication of administrative and management efforts and expense. (2) In order to provide such services and to provide, construct, or acquire such capital improvements or facilities, the board may enter into contracts with the city of New Orleans. The cost of any such services, capital improvements, and facilities may be paid to the city of New Orleans from the proceeds of the special tax levied upon immovable property within the district as provided in this Section, or from the proceeds of bonds, as the case may be. (3) However, with the prior approval of the mayor and the city council, when the service sought is not ordinarily provided by the city of New Orleans, the board may contract with other entities subject to approval of the mayor and the city council, for such services. The cost of such specially contracted services shall be paid for by the board with its funds budgeted therefor. (4) Notwithstanding the provisions of this Subsection, the board may exercise all of the powers granted to a community development district as provided in R.S. 33:9039.19, 9039.20, and 9039.32. F. The city council, in addition to all other taxes which it now or hereafter may be authorized by law to levy and collect, is hereby authorized to levy and collect as provided in this Section for a term not to exceed fifty years from and after the date the first tax is levied pursuant to the provisions of this Section, in the same manner and at the same time as all other ad valorem taxes on property subject to taxation by the city are levied and collected, a special ad valorem tax upon all taxable immovable property situated within the boundaries of the district. The tax shall be levied and collected only after the question of its imposition has been submitted to and approved by a majority of the qualified voters of the district voting on the question at a regularly scheduled primary or general election to be conducted in accordance with provisions of the Louisiana Election Code. Any tax levied pursuant to the provisions of this Section shall be subject to the homestead exemption as provided by Article VII, Section 20 of the Constitution of Louisiana. The proceeds of the tax shall be used solely and exclusively for the purposes and benefit of the district. The proceeds shall be paid over to the Board of Liquidation, City Debt, day by day as the same are collected and received by the appropriate officials of the city of New

CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

Orleans and maintained in a separate account. The tax proceeds shall be paid out by the Board of Liquidation, City Debt, solely for the purposes provided for in this Section upon warrants or drafts drawn on such Board of Liquidation, City Debt, by the appropriate officials of the city and the treasurer of the district. G.(1) The city of New Orleans, when requested by resolution adopted by the vote of a majority of the members of the board, approved by a resolution of the city council adopted by a majority vote of its members, and by resolution adopted by the vote of a majority of the members of the Board of Liquidation, City Debt, shall have power and is hereby authorized to incur indebtedness for and on behalf and for the sole and exclusive benefit of the district, and to issue at one time, or from time to time, negotiable bonds, notes, bond anticipation notes, renewal notes, revenue bonds, short-term revenue bonds, refunding bonds, interim certificates, certificates of indebtedness, certificates of participation, debentures, warrants, commercial paper, short-term loans, and other obligations or evidences of indebtedness, referred to in this Section collectively as bonds of the city of New Orleans, the principal of, premium if any, and interest on which shall be payable from the proceeds of the special tax authorized, levied, and collected pursuant to the provisions of this Section or from any other sources whatsoever that may be available to the district, including funds derived from rentals and leases of its property for the purpose of paying the cost of acquiring and constructing capital improvements and facilities within the district. Such bonds shall not constitute general obligations of the state of Louisiana, the parish of Orleans, or the city of New Orleans, nor shall any property situated within the city other than property situated within the boundaries of the district be subject to taxation for the payment of the principal of, premium if any, and interest on such bonds. Furthermore, any indebtedness incurred by the city of New Orleans for and on behalf and for the benefit of the district pursuant to the provisions of this Section, whether evidenced by bonds, notes, or other evidences of indebtedness, or otherwise, shall be excluded in determining the power of the city of New Orleans to incur indebtedness and to issue its general obligation bonds. The principal amount of such bonds which may be outstanding and unpaid at any one time shall never exceed the sum of two hundred million dollars. The proceeds derived from the sale of all such bonds shall be paid over to the appropriate officials of the city of New Orleans and shall be disbursed solely for the purposes and benefit of the district. All such bonds shall be sold by the Board of Liquidation, City Debt, and shall bear such rate or rates of interest, and shall, except as otherwise specifically provided in this Section, be in such form, terms, and denominations, be redeemable at such time or times at such price of or prices, and payable at such times and places, within a period of not exceeding fifty years from the date thereof, as the Board of Liquidation, City Debt, shall determine. (2) Such bonds shall be signed by the mayor of the city of New Orleans and the director of finance of the city of New Orleans, or officers exercising a similar function, and countersigned by the president or vice president and the secretary or assistant secretary of the Board of Liquidation, City Debt, provided that in the discretion of the Board of Liquidation, City Debt, all but one of such signatures may be in facsimile, and the coupons attached to such bonds shall bear the facsimile signatures of the director of finance and the secretary or assistant secretary. In case any such officer whose signature or countersignature appears upon such a bond or coupon shall cease to be such officer before delivery of the bonds or coupons to the purchaser, such signature or countersignature shall nevertheless be valid for all purposes. The cost and expense of preparing

scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

and selling the bonds shall be paid from the proceeds thereof. (3) The resolution of the Board of Liquidation, City Debt, authorizing the issuance and sale of such bonds and fixing the form and details thereof, may contain such other provisions, not inconsistent nor in conflict with the provisions of this Section, as it may deem to be necessary or advisable to enhance the marketability and acceptability thereof by purchasers and investors, including but without limiting the generality of the foregoing, covenants with bondholders setting forth conditions and limitations on the issuance of additional bonds constituting a lien and charge on the special tax levied on real property within the district pari passu with bonds theretofore issued and outstanding, and the creation of reserves for the payment of the principal of and interest on such bonds. These bonds and the interest thereon are exempt from all taxation levied for state, parish, or municipal or other local purposes; and savings banks, tutors of minors, curators of interdicts, trustees, and other fiduciaries are authorized to invest the funds in their hands in said bonds. (4) The Board of Liquidation, City Debt, as now organized and created, and with the powers, duties, and functions prescribed by existing laws, shall be continued so long as any bonds authorized by this Section are outstanding and unpaid. (5) Notwithstanding any other provision of this Section to the contrary, no bonds shall be issued unless and until the maximum amount of the bonds has been approved by a majority of the electors voting thereon in the city of New Orleans in an election called for that purpose. H. The district shall have the power to acquire, to lease, to insure, and to sell immovable property within its boundaries. I. The district shall have the power to advance to the city of New Orleans funds for payment for services rendered by the city pursuant to a contract or contracts between the district and the city. J.(1) Notwithstanding any other provision of law to the contrary, if the board determines, in its discretion, that it is in the best interest of the taxpayers and that completion of public improvements and facilities will be expedited, the design and construction phases of any project may be combined. (2) The board shall adopt and promulgate rules for administering design-build contracts. Such procedures shall include but not be limited to: (a) Prequalification requirements of competitors for design-build projects. (b) Public announcement procedures for solicitation of interested design-build competitors. (c) Scope of service requirements to be met by the successful designer-builder. (d) Requirements of letters of interest by competitors for the design-build contract. (e) Criteria and procedures for choosing a short list of interested competitors from which to request the submission of technical proposals. (f) Requirements for bid proposals by competitors for design-build contracts. (g) Composition of and appointment of qualified individuals to the technical review committee which shall grade and judge the technical proposals for ranking and recommendation to the board. (h) Selection, process of award, and execution of the design-build contract for a stipulated sum certain. (3) Notwithstanding any other provision of law to the contrary, the board may utilize a competitive request for proposals process to select a designbuild contractor as follows: (a) For a contract to be let under the provisions of this Subsection, the board shall give adequate public notice of the request for proposals by advertising in the official journal of the city at least thirty days before the last day that proposals will be accepted. In addition, the board shall mail written notice to persons, firms, or corporations * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words under-

who are known to be in a position to furnish the required services at least thirty days before the last day that proposals will be accepted. (b) The request for proposals shall clearly indicate the relative importance of price and other evaluation factors, the criteria to be used in evaluating the proposals, and the time frames within which the work must be completed. (c) Written or oral discussions shall be conducted with all responsible offerors who submit proposals determined in writing to be reasonably susceptible of being selected for award. Discussions shall not disclose any information derived from proposals submitted by competing offers. (d)(i) The contract award shall be made to the responsible offeror whose proposal is determined in writing by the board to be the most advantageous to the district, taking into consideration review of price and the evaluation factors set forth in the request for proposals. (ii) A request for proposals or other solicitation may be canceled or all proposals may be rejected only if it is determined, based on reasons provided in writing, that such action is taken in the best interest of the district. (e) Each contract entered into pursuant to this Subsection shall contain at a minimum: (i) Description of the work to be performed and objectives to be met, as applicable. (ii) Amount and time of payments to be made. (iii) Description of reports or other deliverables to be received, when applicable. (iv) Date of reports or other deliverables to be received, when applicable. (v) Responsibility for payment of taxes, when applicable. (vi) Circumstances under which the contract can be terminated either with or without cause. (vii) Remedies for default. (viii) A statement giving the legislative auditor the authority to audit records of the individuals or firms. (f) When written proposals are submitted by offerors, the proposals of the successful offeror shall be incorporated into the final contract consummated with that offeror. (4) There shall be no challenge by any legal process to the choice of the successful designerbuilder other than for fraud, bias for pecuniary or personal reasons not related to the interest of the taxpayers, or arbitrary and capricious selection by the board. Once the designer-builder has been chosen and a contract for a stipulated sum certain executed, the price of the design-build contract shall not be increased other than for inflation, as prescribed in the contract, and for site or other conditions existing at the site or concerning the design and construction of which the designerbuilder had no knowledge and should not have had knowledge as a reasonable possibility. Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval. This bill having been submitted to the Governor and no action having been taken within the time provided by the Constitution, said bill becomes law without his approval. A true copy: Jay Dardenne Secretary of State -------ACT No. 903 --HOUSE BILL NO. 465 BY REPRESENTATIVES LABRUZZO, BILLIOT, CONNICK, LIGI, LOPINTO, TALBOT, WILLMOTT, AND WOOTON AND SENATOR MARTINY THE ADVOCATE, Baton Rouge, La., Tuesday, July 29, 2008 PAGE 527

AN ACT To enact R.S. 33:1420.19, relative to economic development in Jefferson Parish; to provide for the creation of a special district in the parish for the purpose of promoting, encouraging, and participating in infrastructure improvements to stimulate the economy; to provide for the boundaries, governance, and duties and powers of the district, including the power to provide for tax increment financing and to incur debt and issue evidences of indebtedness; and to provide for related matters. Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana. Be it enacted by the Legislature of Louisiana: Section 1. R.S. 33:1420.19 is hereby enacted to read as follows: §1420.19. Special district in Jefferson Parish A. Creation. The governing authority of the parish of Jefferson is hereby authorized pursuant to this Part and more specifically by this Section to create, by ordinance, a special taxing district and political subdivision of the state, referred to in this Section as the “district”. B. Boundaries. The district shall be comprised of the property in Jefferson Parish bounded by Veterans Memorial Boulevard, Causeway Boulevard, West Esplanade Avenue, and Division Street. C. Purpose. The district shall be established for the primary purpose of promoting, encouraging, and participating in infrastructure improvements to stimulate the economy through commerce, industry, and research and for the utilization and development of natural, physical, and human resources of the area. The district shall not promote, encourage, or participate in any action to assist in the development or redevelopment of a hotel including infrastructure located on a site to be developed for a hotel; however, nothing shall prohibit the district from providing public infrastructure that benefits the public generally outside the development site of any hotel. D. Rights and powers. The district, acting by and through the Jefferson Parish Council, referred to in this Section as the “board”, shall have and exercise all powers of a political subdivision and special taxing district necessary or convenient for the carrying out of its objects and purposes, including but not limited to the following: (1) To sue and to be sued. (2) To adopt bylaws and rules and regulations. (3) To receive by gift, grant, donation, or otherwise any sum of money, property, aid, or assistance from the United States, the state of Louisiana, or any political subdivision thereof, or any person, firm, or corporation. (4) For the public purposes of the district, to enter into contracts, agreements, or cooperative endeavors with the state and its political subdivisions or political corporations and with any public or private association, corporation, business entity, or individual. (5) To appoint officers, agents, and employees, prescribe their duties, and fix their compensation. (6) To acquire by gift, grant, purchase, lease, or otherwise such property as may be necessary or desirable for carrying out the objects and purposes of the district and to mortgage or sell such property. (7) In its own name and on its own behalf to incur debt and to issue bonds, notes, certificates, and other evidences of indebtedness. For this purpose, the district shall be deemed and considered to be an issuer as provided in R.S. 33:9037 and shall, to the extent not in conflict with this Section, be subject to the provisions of R.S. 33:9037. (8) To establish such funds or accounts as are necessary for the conduct of the affairs of the district. E.(1) In addition to any other authority provided for in this Section and pursuant to a cooperative endeavor agreement, the district may issue THE ADVOCATE PAGE 528

revenue bonds payable solely from an irrevocable pledge and dedication of up to the full amount of any sales tax increment designated by the board to finance or refinance or to pay all of or a portion of the costs of projects located within the district which will result in economic development or the maintenance of existing jobs or will achieve other economic goals that will benefit the parish of Jefferson. The district may also utilize any sales tax increment designated by the board for any authorized purpose of the district. (2)(a) A sales tax increment may consist of that portion of state sales tax revenues of the state of Louisiana and any political subdivision whose boundaries are coterminous with those of the state collected each year on the sale at retail, the use, the lease or rental, the consumption, and storage for use or consumption of tangible personal property and on sales of services, all as defined in R.S. 47:301 et seq., or any other applicable provision of law, as amended, from taxpayers located within the district which exceeds the sales tax revenues that were collected by such taxing authorities in the year immediately prior to the year of establishment of the district. (b) Prior to the dedication of any state sales tax increments to be used to pay for an authorized purpose of the district, the secretary of the Department of Economic Development shall submit his recommendation of the proposal to the Joint Legislative Committee on the Budget for review and approval. In addition, any cooperative endeavor agreement or other agreement providing for the expenditure of funds collected by the state as state sales tax increments and dedicated to a project or for the payment of revenue bonds therefor shall be subject to approval by the State Bond Commission prior to execution by the state. (c)(i) The board shall designate the initial annual baseline collection rate for the district, which shall be the amount of the sales taxes collected in the district in the fiscal year most recently completed prior to the establishment of the district. In addition, a monthly baseline collection rate shall be determined by dividing the initial annual baseline collection rate by twelve. (ii) The initial annual baseline collection rate and the monthly baseline collection rate shall be certified by the chief financial officer of Jefferson Parish. The certification shall also be published

one time in the official journal of Jefferson Parish. (iii) If the amounts of the initial annual baseline collection rate and the monthly baseline collection rate are not contested within thirty days after the said publication, then such amounts shall be conclusively presumed to be valid, and no court shall have any jurisdiction to alter or invalidate the designation of the amount of either the initial annual baseline collection rate or the monthly baseline collection rate. (d) The increment of the sales taxes which are to be pledged and dedicated to the payment of the revenue bonds or otherwise used for district purposes as provided in this Section shall be the amount of the sales taxes which are collected in the district each year in excess of the initial annual baseline collection rate. The pledged sales tax increment may include all or any portion of such excess as determined by the board. (3) Dedication of sales tax increments to pay the revenue bonds or other use of sales tax increments for district purposes as provided in this Section shall not impair existing obligations and shall not include tax revenues of a tax authority previously dedicated for a special purpose unless a majority of the electors within the territorial jurisdiction of such tax authority voting at an election held for such purpose approves the use of such tax for the purposes provided for in this Subsection. F. Liberal construction. This Section, being for a public purpose and necessary for the welfare of the state, Jefferson Parish, and their residents, shall be liberally construed to effect the purposes thereof. Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval. Approved by the Governor, July 10, 2008. A true copy: Jay Dardenne Secretary of State --------

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at 388-0351.
* As it appears in the enrolled bill
CODING: Words in struck through type are deletions from existing law; words underscored (House Bills) and underscored and boldfaced (Senate Bills) are additions.

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