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					                                                                           power to:                                                 C. The authority shall report annually on or

 ACTS OF 2004                                                                (1) Sue and be sued; have perpetual succession;
                                                                           make, execute and deliver contracts, con-
                                                                           veyances, and other instruments necessary and
                                                                                                                                   before March first to the House Committee on
                                                                                                                                   Insurance and the Senate Committee on
                                                                                                                                   Insurance on its activities in the preceding year.


 LEGISLATURE                                                               convenient to the exercise of its powers; and to
                                                                           make and amend its bylaws by a majority vote of
                                                                           the board.
                                                                             (2) Solicit and accept gifts, grants, donations,
                                                                                                                                     Section 2. This Act shall become effective
                                                                                                                                   August 15, 2004.
                                                                                                                                     Approved by the Governor, July 6, 2004.
                                                                                                                                   A true copy:
                                                                           loans, and other assistance from any person or            W. Fox McKeithen
                                                                           entity, private or public, or the federal, state, or       Secretary of State
                    Acts 711 - 780                                         local governments or any agency thereof, said                          ————————
                                                                           gifts, grants, donations, loans, and other assis-
                                                                           tance to be immediately deposited upon receipt                                ACT No. 712
                                                                           into the fund described in R.S. 22:3204(A).                                     ———
                      ACT No. 711
                                                                             (3) Establish programs in conjunction with other                      SENATE BILL NO. 743
                        ———
                                                                           state agencies, local governing authorities, and                   BY SENATOR THEUNISSEN
                SENATE BILL NO. 731
                                                                           law enforcement agencies for motor vehicle theft                                AN ACT
       BY SENATORS CAIN AND CRAVINS
                                                                           and insurance fraud prevention, detection and           To amend and reenact R.S. 29:655(D) and the
                        AN ACT
                                                                           enforcement, which shall include the Attorney             introductory paragraph of 657(A), relative mili-
To enact Chapter 9 of Title 22 of the Louisiana
                                                                           General’s Criminal Division and Investigation             tary affairs; to provide certain benefits for Civil
  Revised Statutes of 1950, to be comprised of R.S.
                                                                           Division.                                                 Air Patrol members who are injured or killed or
  22:3201 through 3205, relative to automobile
                                                                             (4) Make grants to other state agencies, local gov-     become ill during performance of their duties;
  insurance fraud prevention; to establish the
                                                                           erning authorities, and law enforcement agencies          and to provide for related matters.
  Louisiana Automobile Theft and Insurance
                                                                           for motor vehicle theft and insurance fraud pre-        Be it enacted by the Legislature of Louisiana:
  Fraud Prevention Authority in the Department
                                                                           vention, detection and enforcement.                       Section 1. R.S. 29:655(D) and the introductory
  of Insurance; to provide for the authority’s
                                                                             (5) Procure insurance against any loss in con-        paragraph of 657(A) are hereby amended and
  duties, purposes, board of directors, staff, plan
                                                                           nection with its property, assets or activities.        reenacted to read as follows:
  of operations, and funding; and to provide for
                                                                             (6) Deposit all monies received for the purposes        §655. Financial security for surviving spouses
  related matters.
                                                                           of this Chapter into the Automobile Theft and           and children of civil air patrol personnel
Be it enacted by the Legislature of Louisiana:
                                                                           Insurance Fraud Prevention Authority Fund, pro-                               *   *   *
  Section 1. Chapter 9 of Title 22 of the Louisiana
                                                                           vided for in R.S. 22:3204.                                D. No such payment shall be made until a judg-
Revised Statutes of 1950, to be comprised of R.S.
                                                                             (7) Contract for goods and services and engage        ment of a court of competent jurisdiction has
22:3201 through 3205, is hereby enacted to read as
                                                                           personnel as is necessary, including the services       become final and such judgment has decreed that
follows:
                                                                           of private consultants, auditors, and others for        the member of the civil air patrol did suffer death
  CHAPTER 9. LOUISIANA AUTOMOBILE
                                                                           rendering professional services, as provided by         as a result of injury sustained in the performance
THEFT AND INSURANCE FRAUD PREVEN-
                                                                           law, payable out of any money of the fund legally       of his official duties and that the person killed
TION AUTHORITY
                                                                           available for such purpose. Additionally, the           was not covered by worker’s compensation pro-
  Chapter 9 is all new law.
                                                                           board may authorize the attorney general to con-        vided by the United States Air Force due to the
  §3201. Definitions
                                                                           tract for the services of ad hoc prosecutors or         fact that the emergency was of such a nature that
  R.S. 22:3201 is all new law.
                                                                           other legal assistance, payable out of any money        only local official clearance was available at the
  As used in this Chapter:
                                                                           of the fund legally available for such purpose.         time, but that official authorization had been
  (1) “Authority” means the Louisiana Automobile
                                                                             (8) Indemnify and procure insurance indemnify-        applied for to the United States Air Force at the
Theft and Insurance Fraud Prevention Authority.
                                                                           ing the members of the board from personal loss         time of the death.
  (2) “Board” means the board of directors of the
                                                                           from liability resulting from an action or inaction                           *   *   *
Louisiana Automobile Theft and Insurance Fraud
                                                                           of the board.                                             §657. Disaster emergency services; injuries sus-
Prevention Authority.
                                                                             (9) Do all other things necessary and convenient      tained; benefits
  (3) “Fund” means the automobile insurance
                                                                           to achieve the objectives and purposes of the           A. If a member of the civil air patrol is injured by
theft and fraud prevention fund administered by
                                                                           authority of this Chapter.                              accident or contracts a disease or illness while in
the board of directors as a dedicated fund in the
                                                                             §3204. Automobile Theft and Insurance Fraud           the course of providing services or assistance
state treasury.
                                                                           Prevention Authority Fund                               during an official search and rescue mission or a
  (4) “Motor vehicle” means every automobile or
                                                                             R.S. 22:3204 is all new law.                          disaster emergency or a disaster emergency pre-
other motor vehicle which is self-propelled, other
                                                                             A. There is hereby established a fund in the          paredness exercise and training pursuant to R.S.
than trains and those propelled by electric power
                                                                           state treasury to be known as the “Automobile           29:701 721 through 716* 736, the state shall provide
from overhead wires.
                                                                           Theft and Insurance Fraud Prevention Authority          or pay for the following:
  §3202. Authority; creation, powers
                                                                           Fund,” hereafter referred to as the “fund,” into                              *   *   *
  R.S. 22:3202 is all new law.
                                                                           which the state treasurer shall each fiscal year          Section 2. This Act shall become effective upon
  A. There is hereby created a public agency to be
                                                                           deposit the revenues received from those sources        signature by the governor or, if not signed by the
known as the Louisiana Automobile Theft and
                                                                           provided for by this Chapter and other sources as       governor, upon expiration of the time for bills to
Insurance Fraud Prevention Authority, the pur-
                                                                           provided for by law after those revenues have           become law without signature by the governor, as
pose of which is to combat motor vehicle insur-
                                                                           been deposited in the Bond Security and                 provided by Article III, Section 18 of the
ance fraud, including fraud by theft and other
                                                                           Redemption Fund. Out of the funds remaining in          Constitution of Louisiana. If vetoed by the gover-
criminal acts.
                                                                           the Bond Security and Redemption Fund after a           nor and subsequently approved by the legisla-
  B. The purposes, powers and duties of the
                                                                           sufficient amount is allocated from that fund to        ture, this Act shall become effective on the day
authority shall be vested in and exercised by a
                                                                           pay all obligations secured by the full faith and       following such approval.
board of directors.
                                                                           credit of the state that become due and payable           Approved by the Governor, July 6, 2004.
  C. The board of directors shall consist of the
                                                                           within each fiscal year, the treasurer, prior to        A true copy:
commissioner of insurance or his designee, the
                                                                           placing such funds in the state general fund, shall       W. Fox McKeithen
state treasurer or his designee, a representative
                                                                           pay into the fund an amount equal to the revenue            Secretary of State
of the Louisiana State Police Insurance Fraud
                                                                           generated from collection from those sources pro-                        ————————
unit, the chairman of the Senate Committee on
                                                                           vided for by this Chapter and other sources as
Insurance or his designee, the chairman of the
                                                                           provided for by law. No expenditures shall be                                 ACT No. 713
House Committee on Insurance or his designee,
                                                                           made from the fund unless first appropriated by                                  ———
and six members to be appointed as follows: four
                                                                           the legislature. The monies in the trust fund shall                     SENATE BILL NO. 744
members shall be appointed by the commission-
                                                                           be invested by the state treasurer in the same                         BY SENATOR FIELDS
er, including two members representing pur-
                                                                           manner as monies in the state general fund. All                                  AN ACT
chasers of motor vehicle insurance in this state
                                                                           interest earned on money from the fund and              To amend and reenact R.S. 16:11(A)(2), relative to
and two members representing motor vehicle
                                                                           invested by the state treasurer shall be credited         the annual salary of assistant district attorneys
insurers doing business in this state. Two mem-
                                                                           to the Automobile Theft and Insurance Fraud               payable by the state; to authorize certain dis-
bers shall be appointed by the attorney general,
                                                                           Prevention Authority Fund.                                trict attorneys to reallocate the total amount
both of whom shall represent law enforcement
                                                                             B. Any monies in the Automobile Theft and               fixed for the annual salary of their assistant dis-
officials in this state. The commissioner shall
                                                                           Insurance Fraud Prevention Authority Fund                 trict attorneys; and to provide for related mat-
serve as chairperson of the authority.
                                                                           shall be administered only by the director of the         ters.
  D. The members of the board of directors,
                                                                           authority, upon a majority vote of the board, in        Notice of intention to introduce this Act has been
except the commissioner of insurance or his
                                                                           the following order of priority:                          published.
designee, the state treasurer or his designee, the
                                                                             (1) To pay the costs of administration of the         Be it enacted by the Legislature of Louisiana:
representative of the Louisiana State Police
                                                                           authority.                                                Section 1. R.S. 16:11(A)(2) is hereby amended
Insurance Fraud unit, and the legislative mem-
                                                                             (2) To pay the costs of legal counsel.                and reenacted to read as follows:
bers serving on the board, shall not be considered
                                                                             (3) To achieve the purposes and objectives of           §11. Annual salary of assistant district attorneys
public employees by virtue of their service on the
                                                                           this Chapter, which may include but not be limit-       payable by state
board of directors.
                                                                           ed to the following:                                    A.(1)                  *   *    *
  E. Members of the board shall serve without
                                                                             (a) Providing financial support to state or local       (2) Notwithstanding the provisions of R.S.
compensation for their service on the board,
                                                                           law enforcement agencies, including but not lim-        16:51(19) and (38) to the contrary, the district attor-
except that members of the board may receive
                                                                           ited to the office of attorney general, for motor       ney for the parish of Orleans and the Nineteenth
reasonable reimbursement for necessary travel
                                                                           vehicle theft and insurance fraud prevention,           Judicial District may reallocate by combining or
and expenses.
                                                                           detection and enforcement.                              dividing the total amount fixed in Paragraph (1) of
  F. A majority of the members of the board shall
                                                                             (b) Providing financial support to state or local     this Subsection to pay the salaries of any of his
constitute a quorum for the transaction of busi-
                                                                           law enforcement agencies, including but not lim-        other assistant district attorneys in any lawful
ness at a meeting, or the exercise of a power or
                                                                           ited to the office of attorney general, for programs    manner he deems appropriate. The district attor-
function of the authority. Notwithstanding any
                                                                           designed to reduce the incidence of motor vehicle       ney shall certify to the state treasurer the amount
other law to the contrary, any action may be taken
                                                                           theft and insurance fraud.                              of the annual salary payable upon warrant for
by the authority at a meeting upon a vote of the
                                                                             (c) Providing financial support to state and local    each of his assistant district attorneys provided
majority of the members present. The authority
                                                                           prosecutors, including but not limited to the           for in R.S. 16:51(19) and (38).
shall meet at the call of the chairperson or as may
                                                                           office of attorney general, for programs designed                              *   *    *
be provided in the bylaws of the authority.
                                                                           to reduce the incidence of motor vehicle theft and        Section 2. This Act shall become effective upon
Meetings of the authority may be held anywhere
                                                                           insurance fraud.                                        signature by the governor or, if not signed by the
within the state, and shall be open public meet-
                                                                             (d) Conducting educational programs designed          governor, upon expiration of the time for bills to
ings.
                                                                           to inform motor vehicle owners of methods of pre-       become law without signature by the governor, as
  G.(1) The authority shall be within the
                                                                           venting motor vehicle theft and insurance fraud.        provided by Article III, Section 18 of the
Department of Insurance.
                                                                             C. All monies in the Automobile Theft and             Constitution of Louisiana. If vetoed by the gover-
  (2) A director and assistant director shall be
                                                                           Insurance Fraud Prevention Authority Fund               nor and subsequently approved by the legisla-
selected by the board and serve at the pleasure of
                                                                           shall be used only to enhance fraud prevention          ture, this Act shall become effective on the day
the commissioner of insurance, shall be consid-
                                                                           efforts as determined by the board.                     following such approval.
ered public employees, and shall operate the
                                                                             §3205. Plan of operation                                Approved by the Governor, July 6, 2004.
daily affairs of the authority as specified herein
                                                                             R.S. 22:3205 is all new law.                          A true copy:
and by the board.
                                                                             A. The authority shall develop and implement a          W. Fox McKeithen
  (3) The attorney general or his designee shall
                                                                           plan of operation upon the recommendations of               Secretary of State
serve as the authority’s legal counsel.
                                                                           the director no later than the first of January 2005.                    ————————
  H. The authority shall be subject to the provi-
                                                                             B. The plan of operation shall include an assess-
sions of law regarding public records (R.S. 44:1 et
                                                                           ment of the scope of the problem of motor vehicle                            ACT No. 714
seq), open meetings (R.S. 42:4.2 et seq), and public
                                                                           theft and insurance fraud, including a determina-                              ———
bid (R.S. 38:2211 et seq).
                                                                           tion of particular areas of the state where the                        SENATE BILL NO. 746
  §3203. Authority; further powers and duties
                                                                           problem is most severe, an analysis of various          BY SENATOR N. GAUTREAUX AND REPRE-
  R.S. 22:3203 is all new law.
                                                                           methods of combating the problem of motor vehi-          SENTATIVE FRITH
  The authority shall have the powers necessary
                                                                           cle theft and insurance fraud, a plan for providing                           AN ACT
and convenient to implement and effectuate the
                                                                           financial support for efforts to combat motor vehi-     To enact Code of Civil Procedure Art. 4843(L), rel-
purposes and provisions of this Chapter and the
                                                                           cle theft and insurance fraud, and an estimate of        ative to the city courts of Abbeville and Kaplan;
purposes of the authority and the powers delegat-
                                                                           funds required to implement the plan.                    to increase the civil jurisdiction of the courts;
ed by other laws, including but not limited to the

CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                         THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
  and to provide for related matters.                                      made to the following towns and villages in Vernon      following such approval.
Notice of intention to introduce this Act has been                         Parish in the following manner to be used solely for      Section 3. The provisions of this Act shall be
  published.                                                               salary and benefits of law enforcement officers and     effective until December 31, 2004, and shall be
Be it enacted by the Legislature of Louisiana:                             tourism related activity:                               null and void thereafter.
  Section 1. Code of Civil Procedure Art. 4843(L) is                         (a) Fifteen percent to the Town of New Llano.           Approved by the Governor, July 6, 2004.
hereby enacted to read as follows:                                           (b) Seven percent to the Village of Simpson.          A true copy:
  Art. 4843. City court jurisdiction; amount in dis-                         (c) Seven percent to the Town of Rosepine.              W. Fox McKeithen
pute; injunctive actions by state or political sub-                          (d) Seven percent to the Town of Hornbeck.                Secretary of State
division                                                                     (e) Seven percent to the Village of Anacoco.                         ————————
                      *    *   *                                             Section 2. This Act shall become effective on
  Article 4843(L) is all new law.                                          July 1, 2004; if vetoed by the governor and subse-                             ACT No. 719
  L. In the city courts of Abbeville and Kaplan,                           quently approved by the legislature, this Act shall                               ———
the civil jurisdiction is concurrent with the dis-                         become effective on July 1, 2004, or on the day fol-                    SENATE BILL NO. 774
trict court in cases where the amount in dispute,                          lowing such approval by the legislature, whichev-                      BY SENATOR HOLLIS
or the value of the property involved, does not                            er is later.                                                                      AN ACT
exceed twenty-five thousand dollars.                                         Approved by the Governor, July 6, 2004.               To amend and reenact R.S. 34:29(A)(introductory
  Approved by the Governor, July 6, 2004.                                  A true copy:                                              paragraph), (1), (D), and (E), to enact R.S. 34:29(J),
A true copy:                                                                 W. Fox McKeithen                                        and to repeal R.S. 34:29(B), relative to the Port of
  W. Fox McKeithen                                                             Secretary of State                                    New Orleans; to provide relative to the port’s
    Secretary of State                                                                      ————————                                 borrowing power and debt limitation; to remove
                ————————                                                                                                             certain limitations; to provide for the port’s
                                                                                                 ACT No. 716                         authority to continue the issuance of bonds and
                                                                                                    ———                              other obligations; and to provide for related
                      ACT No. 715                                                         SENATE BILL NO. 767                        matters.
                         ———                                                            BY SENATOR HAINKEL                         Notice of intention to introduce this Act has been
                SENATE BILL NO. 749                                                                 AN ACT                           published.
BY SENATOR CAIN AND REPRESENTATIVE                                         To enact R.S. 41:1702(J), relative to certain waters;   Be it enacted by the Legislature of Louisiana:
  JOHN SMITH                                                                 to provide relative to uses of the water bottom of      Section 1. R.S. 34:29(A)(introductory paragraph),
                        AN ACT                                               Lake Pontchartrain; to provide certain terms,         (1), (D), and (E) are hereby amended and reenact-
To amend and reenact R.S. 47:302.5, relative to                              conditions, and requirements; and to provide          ed and R.S. 34:29(J) is hereby enacted to read as
  sales tax proceeds; to provide for the distribu-                           for related matters.                                  follows:
  tion of certain state tax proceeds in Vernon                             Be it enacted by the Legislature of Louisiana:            §29. Borrowing power; issuance of notes and
  Parish; and to provide for related matters.                                Section 1. R.S. 41:1702(J) is hereby enacted to       bonds
Be it enacted by the Legislature of Louisiana:                             read as follows:                                          A. The Board of Commissioners of the Port of
  Section 1. R.S. 47:302.5 is hereby amended and                             §1702. Reclamation of lands lost through ero-         New Orleans, without further legislative enact-
reenacted to read as follows:                                              sion, compaction, subsidence, and sea level rise        ment, may borrow money and issue notes and
  §302.5. Disposition of certain collections in                                                   *   *   *                        bonds pursuant to the provisions of this Section
Vernon Parish                                                                R.S. 41:1702(J) is all new law.                       and under the following conditions and not other-
  A. The avails of the tax imposed by this Chapter                           J. No person, firm, partnership, or corporation       wise:
from the sale of services as defined in R.S.                               shall dredge the water bottom of Lake                     (1) With the approval of the governor and the
47:301(14)(a) in Vernon Parish under the provi-                            Pontchartrain for private commercial purposes,          State Bond Commission, it may for its public pur-
sions of this Chapter shall be credited to the Bond                        except as authorized by Article IX, Section 3 of        poses, borrow on notes for temporary loans,
Security and Redemption Fund, and after a suffi-                           the Constitution of Louisiana, and then only to the     payable within one year, an amount not exceed-
cient amount is allocated from that fund to pay all                        extent that such dredging does not unreasonably         ing five hundred thousand dollars at any one time
the obligations secured by the full faith and cred-                        or unduly restrain the navigability or public use       outstanding, and in addition, may borrow money
it of the state which become due and payable                               of Lake Pontchartrain. The provisions of this           in anticipation of the collection of charges for
within any fiscal year, the treasurer shall pay the                        Subsection shall not apply to water bottoms locat-      wharfage, tollage, storage service, and other
remainder of such funds into a special fund which                          ed in Jefferson Parish.                                 charges which have been actually earned but
is hereby created in the state treasury and desig-                           Section 2. This Act shall become effective upon       have not yet been received.
nated as the “Vernon Parish Legislative                                    signature by the governor or, if not signed by the                              *   *   *
Community Improvement Fund.”                                               governor, upon expiration of the time for bills to        D. All bonds issued under the foregoing provi-
  B. The monies in the Vernon Parish Legislative                           become law without signature by the governor, as        sions, except as otherwise expressly provided,
Community Improvement Fund shall be subject                                provided by Article III, Section 18 of the              shall run not more than fifty years from date, shall
to annual appropriations by the legislature. The                           Constitution of Louisiana. If vetoed by the gover-      be issued in serial form, payable in annual
monies in the fund shall be available exclusively                          nor and subsequently approved by the legisla-           installments commencing not more than ten years
for the purposes provided for in Subsections (C),                          ture, this Act shall become effective on the day        from date, and the amount payable each year for
(D), and (E) of this Section. All unexpended and                           following such approval.                                principal and interest to be as nearly equal as
unencumbered monies in the fund shall remain                                 Approved by the Governor, July 6, 2004..              practicable, but annual installments or principal
in the fund. The monies in the fund shall be                               A true copy:                                            may be fixed at five thousand dollars or the near-
invested by the treasurer in the same manner as                              W. Fox McKeithen                                      est multiple thereof. Refunding bonds issued
the monies in the state general fund, and all inter-                           Secretary of State                                  hereunder shall be payable in annual install-
est earned shall be deposited into the state gen-                                          ————————                                ments commencing not more than one year from
eral fund.                                                                                                                         date. All of the bonds shall have the same exemp-
  C. For purposes of this Section, “improvements”                                                ACT No. 717                       tion from taxation, the same privileges of regis-
shall include acquisition of land and acquisition                                                    ———                           tration and release from registration, and the
and construction of buildings for use by the                                               SENATE BILL NO. 770                     same eligibility for deposit with the state or its
Vernon Convention Facility; other capital                                                 BY SENATOR FIELDS                        officers or any of its political subdivisions or
improvements in Vernon Parish; and any other                                                        AN ACT                         municipalities as was granted by Article 321 of
costs of improvements, operation, or maintenance                           To enact R.S. 17:1519.2(B)(1)(i), relative to           the Constitution of 1913 to the bonds therein
in Vernon Parish for recreational facilities, muse-                          University Medical Center in Baton Rouge; to          authorized. Tutors of minors and curators of
ums, fishing ramps, senior citizens centers, and                             provide for the establishment of such an entity;      interdicts may invest the funds in their hands in
parks, and any other purpose provided for in                                 and to provide for related matters.                   any of such bonds.
Subsection (E).                                                            Be it enacted by the Legislature of Louisiana:            E. No bonds issued hereunder shall be sold for
  D. Until July 1, 2003, all the monies paid into the                        Section 1. R.S. 17:1519.2(B)(1)(i) is hereby enact-   less than par and accrued interest or bear a
Vernon Parish Community Improvement Fund                                   ed to read as follows:                                  greater rate of interest than the maximum author-
shall be administered and distributed by the                                 §1519.2. State hospitals operated by the Board of     ized by R.S. 39:1424, 39:1425, or 1425 as the same
Vernon       Parish      Legislative     Community                         Supervisors of Louisiana State University and           now exists or may be hereafter amended, payable
Improvement Board which is hereby created.                                 Agricultural and Mechanical College as part of          annually or semiannually. nor shall the total
These monies shall be distributed for purposes                             the Louisiana State University Health Sciences          bonded indebtedness of the Board of
allowed under Subsection (C) of this Section. The                          Center                                                  Commissioners of the Port of New Orleans, for all
Vernon       Parish      Legislative     Community                                                *    *    *                      purposes, ever exceed the sum of ninety-five mil-
Improvement Board shall consist of those state                               B.(1) The LSU Health Sciences Center–New              lion dollars.
senators and representatives representing all or                           Orleans shall be responsible for the following                                  *   *   *
a part of Vernon Parish.                                                   hospitals, including all programs and facilities          R.S. 39:29(J) is all new law.
  E. Beginning January 31, 2004 July 1, 2004, all                          thereof:                                                  J. Nothing contained in this Section shall be
money paid into the Vernon Parish Legislative                                                     *    *    *                      construed to limit the powers of the board of com-
Community Improvement Fund shall be appropri-                                R.S. 17:1519.2(B)(1)(i) is all new law.               missioners of the Port of New Orleans under any
ated, distributed, and used as follows:                                      (i) University Medical Center in Baton Rouge.         other provision of law to issue bonds or other
  (1) Twenty-five Twenty percent of the money                                Approved by the Governor, July 6, 2004.               obligations.
shall be appropriated to the Vernon Parish                                 A true copy:                                              Section 2. R.S. 34:29(B) is hereby repealed.
Tourist and Recreation Commission to be admin-                               W. Fox McKeithen                                        Approved by the Governor, July 6, 2004.
istered and distributed by the commission to be                                Secretary of State                                  A true copy:
used for improvements in Vernon Parish as that                                              ————————                                 W. Fox McKeithen
term is defined in Subsection (C) of this Section.                                                                                      Secretary of State
Administrative costs or debt service associated                                                   ACT No. 718                                       ————————
with this Subsection shall be no more than five                                                     ———
percent of the amount appropriated.                                                        SENATE BILL NO. 772                                           ACT No. 720
  (2) Fifteen Ten percent of the money shall be                            BY SENATORS MALONE AND JACKSON AND                                              ———
appropriated to the sheriff of Vernon Parish to be                           REPRESENTATIVE M. POWELL                                             SENATE BILL NO. 781
administered and distributed by the sheriff to be                                                  AN ACT                                       BY SENATOR LENTINI
used for programs for the elderly, including but                           To enact R.S. 17:85.6, relative to naming school                                AN ACT
not limited to senior citizen programs and Vernon                            auditoriums; to authorize the parish school           To enact R.S. 15:567.1, relative to capital cases; to
Parish Council on Aging, to be distributed equally                           board in certain parishes to name school audi-         provide with respect to mental incompetence to
to each of the senior citizen centers in the parish.                         toriums in honor of former principals; to pro-         proceed to execution; to provide for procedures
Administrative costs or debt service associated                              vide limitations; and to provide for related mat-      authorizing a defendant to raise the issue of
with this Subsection shall be no more than five                              ters.                                                  mental incompetence to proceed to execution;
percent of the amount appropriated. The use of                             Be it enacted by the Legislature of Louisiana:           to provide for the filing of a petition and to pro-
any funds distributed under this Paragraph of                                Section 1. R.S. 17:85.6 is hereby enacted to read      vide for the contents of that petition; to provide
this Subsection are subject to the approval of a                           as follows:                                              with respect to the burden of proof and the
majority of the legislators who represent Vernon                             §85.6. Naming of school auditoriums by certain         introduction of evidence; to provide for the sub-
Parish.                                                                    school boards                                            mission of certain records, data, reports, and
  (3) Sixty percent of the money shall be appropri-                          R.S. 17:85.6 is all new law.                           other information; to provide for a waiver of
ated to the sheriff of Vernon Parish to be admin-                            Notwithstanding R.S. 14:316 or any other law to        confidentiality and privilege with respect to
istered and distributed by the sheriff to be used                          the contrary, a parish school board in a parish          information submitted; to provide for an inde-
for programs for the youth of the parish, including                        having a population between two hundred thou-            pendent psychological or psychiatric examina-
but not limited to the development, promotion,                             sand and three hundred thousand persons                  tion; to provide for the dismissal of the petition
and maintenance of youth sports programs and                               according to the most recent federal decennial           in certain circumstances; to provide with
youth mentoring programs. Administrative costs                             census may name school auditoriums in the                respect to treatment of a defendant found to be
or debt service associated with this Subsection                            parish in honor of any former principals.                incompetent to proceed to execution; and to
shall be no more than five percent of the amount                             Section 2. This Act shall become effective upon        provide for related matters.
appropriated. Any funds distributed under this                             signature by the governor or, if not signed by the      Be it enacted by the Legislature of Louisiana:
Paragraph of this Subsection are subject to the                            governor, upon expiration of the time for bills to       Section 1. R.S. 15:567.1 is hereby enacted to read
approval of a majority of the legislators who rep-                         become law without signature by the governor, as        as follows:
resent Vernon Parish. Twelve percent for the oper-                         provided by Article III, Section 18 of the               §567.1. Mental incompetence to proceed to exe-
ation and maintenance of the arena facility in                             Constitution of Louisiana. If vetoed by the gover-      cution
Vernon Parish.                                                             nor and subsequently approved by the legisla-            R.S. 15:567.1 is all new law.
  (4) And the following appropriations shall be                            ture, this Act shall become effective on the day         A. A person who is not competent to proceed to


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                          THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
execution may not be executed.                                             bers of the competency commission may be called        board shall provide for the effective and efficient
  B. A person is not competent to proceed to exe-                          as witnesses by the court, the defense counsel, or     management of the learning center whose pur-
cution when a defendant presently lacks the com-                           the district attorney. Regardless of who calls         pose is to provide the region with comprehensive
petence to understand that he is to be executed,                           them as witnesses, the members of the commis-          educational services and assist in building a
and the reason he is to suffer that penalty.                               sion are subject to cross-examination by the           seamless education system in the Northeast
  C. Any person sentenced to death may raise his                           defense counsel, by the district attorney, and by      Louisiana delta region.
mental incompetence to proceed to execution by                             the court. Other evidence pertaining to the defen-       (b) The board in coordination with the executive
filing in the sentencing court a petition verified                         dant’s mental incompetence to proceed to execu-        director and staff members shall implement edu-
by his affidavit, or, if represented, by that of his                       tion may be introduced at the hearing by the           cational enhancement services, including but not
counsel. A person acting as petitioners next                               defense counsel and by the district attorney. The      limited to:
friend, or the secretary of the Department of                              introduction of evidence at any hearing held pur-        (i) Educational services for students including
Public Safety and Corrections may also file the                            suant to this Section shall be governed by Code of     GED courses, remedial education, and training
petition. The petition shall contain all of the fol-                       Evidence Article 1101(B).                              and preparation for advanced degrees.
lowing:                                                                      M. After considering the evidence, the district        (ii) Educational support and enhancement for
  (1) The name of the person in custody.                                   court shall determine that the petitioner is not       local school districts, including teacher certifica-
  (2) The name of the custodian.                                           competent to proceed to execution if it deter-         tion courses, on-going instruction method work-
  (3) The docket number in which he was convict-                           mines, by a preponderance of the evidence, that        shops and classes, and curriculum development
ed and the date upon which he was sentenced.                               the petitioner presently lacks the competence to       training and assistance.
  (4) A statement that clearly sets forth the alleged                      understand that he is to be executed and the rea-        (iii) Specialized programs for students with
facts in support of the assertion that the defen-                          son he is to suffer that penalty.                      mental and/or learning disabilities.
dant is incompetent.                                                         N. If a defendant is found incompetent to pro-         (iv) Workforce development that operates in
  (5) Any affidavits, records, or other evidence                           ceed to execution, he shall be incarcerated in         coordination with local and statewide economic
supporting the above statement or a statement                              accordance with R.S. 15:568.                           development needs and opportunities, including
why such is not available.                                                   O. Any subsequent petition filed by a defendant      training and courses in health care, cosmetology,
  (6) Identification of any previous proceedings in                        pursuant to this Section following a previous find-    technology and communications.
which defendant challenged his competency.                                 ing of competence to proceed to execution shall          (v) Serving as an incubator for small businesses.
  D. If, based upon the petition, the court has rea-                       comply with the requirement of Subsection C of           (vi) Serving as the location for the consolidation
sonable grounds to doubt the defendant’s mental                            this Section, and further shall allege specific        of Tallulah High School and Reuben McCall
competence to proceed to execution, it shall                               facts which, if proven by a preponderance of the       Senior High School of the Madison Parish school
order a competency examination of the defen-                               evidence, show a material change in the defen-         system.
dant. Prior to ordering any such competency                                dant’s competence to proceed to execution.               (c) The board shall ensure that all courses and
examination, the court shall appoint counsel to                              P. State’s experts may examine a defendant           curriculum are in accordance with state and fed-
represent the defendant if he is not already rep-                          found incompetent to proceed to execution not          eral educational standards. The board shall be
resented.                                                                  more than once every ninety days following such        guided in its efforts by the advice, input, and
  E. Within seven days after a competency exami-                           a ruling without further orders of the court and       information provided by the Northeast Louisiana
nation is ordered, the court shall appoint a com-                          upon written notice to the defendant, or his coun-     Delta Learning Center Advisory Board.
petency commission to examine and report upon                              sel if the defendant is represented. At any time         (3)(a) There shall be a Northeast Louisiana
the mental condition of the defendant. The com-                            following a finding of incompetence to proceed to      Delta Learning Center Advisory Board comprised
petency commission shall consist of at least two                           execution, the state may provoke a hearing to          of one representative from the following entities:
and not more than three members who are                                    determine the defendant’s competence to pro-             (i) Lake Providence City Council.
licensed to practice medicine in Louisiana, who                            ceed to execution by filing a motion with the sen-       (ii) East Carroll Parish School Board.
have been in the actual practice of medicine for                           tencing court alleging a material change in cir-         (iii) East Carroll Parish Police Jury.
not less than three consecutive years immediate-                           cumstances.                                              (iv) East Carroll Parish Chamber of Commerce.
ly preceding the appointment, and who are quali-                             Q. Any party against whom a decision is ren-           (v) Tallulah City Council.
fied by training or experience in forensic evalua-                         dered pursuant to this Section may make an               (vi) Madison Parish School Board.
tions. The court may appoint, in lieu of one physi-                        appropriate application for a writ of certiorari or      (vii) Madison Parish Police Jury.
cian, a clinical psychologist who is licensed to                           review directly to the Louisiana Supreme Court.          (viii) Madison Parish Chamber of Commerce.
practice psychology in Louisiana, who has been                               Approved by the Governor, July 6, 2004.                (ix) The boards of aldermen of the towns of St.
engaged in the practice of clinical or counseling                          A true copy:                                           Joseph, Newellton, and Waterproof.
psychology for not less than three consecutive                               W. Fox McKeithen                                       (x) Tensas Parish School Board.
years immediately preceding the appointment,                                   Secretary of State                                   (xi) Tensas Parish Policy Jury.
and who is qualified by training or experience in                                          ————————                                 (xii) Tensas Parish Chamber of Commerce.
forensic evaluations. Every competency commis-                                                                                      (xiii) East Carroll Port Commission.
sion shall have at least one psychiatrist as a mem-                                              ACT No. 721                        (xiv) Madison Parish Port Commission.
ber of the commission, unless one is not reason-                                                    ———                             (xv) Louisiana Community and Technical
ably available, in which case, the commission                                             SENATE BILL NO. 785                     College System.
shall have at least one clinical psychologist as a                                        BY SENATOR JONES                          (xvi) Louisiana Delta Community College.
member of the commission. No more than one                                                         AN ACT                           (xvii) Louisiana Technical Community College -
member of the competency commission shall be                               To amend and reenact Section 7(A) and (B)(1) of        Tallulah/Lake Providence Branch.
the coroner or any of his deputies.                                          Act No. 1225 of the 2003 Regular Session of the        (xviii) Louisiana Board of Regents.
  F. The members of the competency commission                                Legislature and to enact R.S. 17:3226(D) and           (xix) Louisiana Association of Educators.
appointed to make the examination shall have                                 3228(D), relative to the authority of the Board of     (xx) The senator representing Senate District
free access to the defendant at all reasonable                               Regents to establish learning centers; to author-    No. 34 or designee.
times. This examination shall be conducted only                              ize the Board of Regents to establish the              (xxi) The representative representing House of
when the petitioner is not under the influence of                            Northeast Louisiana Delta Learning Center; to        Representatives District No. 21 or designee.
any psychotropic medication. No statement made                               provide for the management, and supervision of         (xxii) The representative representing House of
by the petitioner in the course of any evaluation                            the learning center; to authorize the establish-     Representatives District No. 19 or designee.
by any expert provided for by this Section,                                  ment of an advisory council; to provide for the        (xxiii) Northeast Louisiana Delta Community
whether or not the petitioner consents to the                                use of the facility known as the Swanson             Development Corporation.
evaluation, shall be admitted into evidence                                  Correctional Center for Youth-Madison Parish           (xxiv) Louisiana Delta Coalition for Education
against the petitioner in any criminal, state post-                          Unit and for the use of certain savings attrib-      and Economic Development.
conviction, or federal habeas corpus proceeding.                             uted to reduction in services and employees at         (xxv) Northeast Louisiana Delta Learning
The court shall subpoena witnesses to attend the                             such facility; and to provide for related matters.   Center Commission Student Association.
examination at the request of the district attor-                          Be it enacted by the Legislature of Louisiana:           (xxvi) Louisiana Center Against Poverty.
ney, the defendant, the commission, or any mem-                              Section 1. R.S. 17:3226(D) and 3228(D) are hereby      (b) Representatives to the advisory board shall
ber of the commission.                                                     enacted to read as follows:                            be appointed or elected by each entity according
  G. The report of the competency commission                                 §3226. Learning centers; Jefferson Parish;           to that entities’ own processes and procedures
members shall address their specific findings                              Rapides Parish; Northeast Delta Learning Center;       and      shall   serve    without    compensation.
with regard to the defendant’s ability to under-                           authorization                                          Representatives shall serve for a term of one
stand that he is to be executed, and the reason he                                               *    *   *                       year. Representatives may serve more than one
is to suffer that penalty.                                                   R.S. 17:3226(D) is all new law.                      term, if elected or appointed by each individual
  H. The court order for a competency examina-                               D.(1) The Board of Regents may establish a           body according to the body’s own processes and
tion shall not deprive the defendant or the dis-                           learning center as a consortium of existing insti-     procedures. Vacancies occurring prior to the
trict attorney of the right to an independent men-                         tutions of postsecondary education and others to       expiration of the term shall be filled by another
tal examination by a physician or mental health                            provide a comprehensive offering of college            representative elected or appointed by the same
expert of his choice, and such physician or mental                         courses and other educational services in the          body which elected or appointed the original rep-
health expert shall be permitted to have reason-                           Northwest Louisiana delta region to the residents      resentative. The advisory board shall elect from
able access to the defendant for the purposes of                           of East Carroll, Madison, and Tensas parishes.         its membership a chairperson and other positions
the examination.                                                           One location shall be at or near the geographic        as it deems necessary to carry out its duties.
  I. Once the issue of mental incompetence to pro-                         center of the parishes at 1005 W. Green Street or        (c) The advisory board shall provide advice,
ceed to execution is raised by the defendant, and                          such other suitable location in Tallulah,              input, and information to the Board of Regents for
upon written motion of the district attorney, the                          Louisiana. The Board of Regents shall, subject to      the purpose of assisting the board in reaching its
defendant shall provide the state, and any mem-                            the provisions of R.S. 17:3228(D), be responsible      goals for implementation of the learning center.
bers of the competency commission, within time                             for the operation, management, and supervision         The advisory board shall meet at least quarterly
limits set by the court, any and all medical, cor-                         of the learning center and ensure the cost-effec-      for the first year, and thereafter with such fre-
rectional, educational, and military records, raw                          tive delivery of courses and programs to the area      quency as it determines necessary. The advisory
data, tests, test scores, notes, behavioral observa-                       through the use of existing institutions and their     board shall keep a record of its meetings, resolu-
tions, reports, evaluations, and any other infor-                          offerings.                                             tions, transactions, studies, and findings, which
mation of any kind reviewed by any defense                                   (2) The Board of Supervisors for the University      shall be a public record. All meetings of the advi-
expert in forming the basis of his opinion.                                of Louisiana System and the Board of Supervisors       sory board shall be subject to the laws relative to
  J. If the state exercises its option to an inde-                         of Community and Technical Colleges, in cooper-        open meetings of public bodies, R.S. 42:4.1 et seq.
pendent examination pursuant to Subsection H of                            ation with the Board of Regents, shall take such         (4) The Board of Regents shall provide for edu-
this Section, and upon written motion of the                               action as necessary to establish a means of award-     cational courses through an individual institu-
defendant, the state shall provide the defendant,                          ing certificates and academic and occupational         tion, or a combination of institutions through the
and any members of the competency commission,                              degrees in the Northeast Louisiana delta region        execution of a memorandum of understanding,
within time limits set by the court, any and all                           using the instructional resources of existing insti-   agreement, or contract between the appropriate
medical, correctional, educational, and military                           tutions.                                               entities.
records, raw data, tests, test scores, notes, behav-                                             *    *   *                         Section 2. Section 7(A) and (B)(1) of Act No. 1225
ioral observations, reports, evaluations, and any                            §3228. Learning centers; authorization               of the 2003 Regular Session of the Legislature are
other information of any kind reviewed by any                                                    *    *   *                       hereby amended and reenacted to read as fol-
state expert in forming the basis of his opinion.                            R.S. 17:3228(D) is all new law.                      lows:
  K. By filing a petition under this Section, the                            D.(1) The Board of Regents shall be responsible        Section 7.(A) Notwithstanding the provisions of
defendant waives all claims of confidentiality and                         for the management and supervision of the              Section 2 of this Act, for as long as the state is
evidentiary privilege to, and is deemed to have                            Northeast Delta Learning Center.                       obligated for debt service on the Swanson
consented to the release of any and all records                              (2) In managing and supervising the Northeast        Correctional Center for Youth-Madison Parish
solely relative to the issue of the defendant’s com-                       Delta Learning Center, the Board of Regents shall      Unit (SCCY-MPU) facility at Tallulah, Louisiana,
petence to proceed to execution, which may                                 have the following duties, responsibilities, and       the state shall provide alternative uses for the
include medical, correctional, educational, and                            powers:                                                facility as a correctional facility or as a learning
military records, raw data, tests, test scores,                              (a) The board may request and accept monies          center.
reports, evaluations, and other records relevant                           both private and public to further the purposes of       (B) The executive budget submitted annually by
or necessary to an examination or determination                            the learning center, including but not limited to      the governor shall provide that savings attributed
of his mental condition.                                                   planning, acquisition, and development. The            to the reduction of services and employees other-
  L. The issue of the defendant’s mental incompe-                          board shall employ a director and establish com-       wise needed at SCCY-MPU but for the transition-
tence to proceed to execution shall be deter-                              pensation and terms of employment. The board           ing of adjudicated juveniles pursuant to the pro-
mined by the court in a contradictory hearing.                             shall authorize the director to employ and super-      visions of Section 2 of this Act, shall be used as
The report of the competency commission is                                 vise such other employees as are necessary to          follows:
admissible in evidence at the hearing, and mem-                            carry out the functions of the learning center. The      (1)(a) To increase the availability of alternative


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                      THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
programs for adjudicated juveniles being served                              §600.2. Definitions                                   professional musician.
in the parishes of East Carroll, West Carroll,                               The following terms whenever used or referred           R.S. 27.96(A)(2) is all new law.
Madison, Richland, and Tensas and for a commu-                             to in this Chapter shall have the following mean-         (2)(a) An elected public official as defined in
nity-based system of care for adjudicated juve-                            ings, unless the context clearly indicates a differ-    R.S. 42:1 who is a member of a governing authori-
niles residing in those parishes, through the fund-                        ent meaning:                                            ty of a parish who was elected to his initial term
ing of contract services programs in the amount of                                                *    *   *                       in 2004, may engage in any business activity with
forty percent of the savings, not to exceed three                            R.S. 40:600.2(12) is all new law.                     a licensee if he is a non-key gaming employee as
million dollars, in order to offset the loss of serv-                        (12) “Subsidiary” means any nonprofit corpora-        defined by R.S. 27:3(16), if such employment com-
ices and jobs which would have otherwise been                              tion in which the commissioners or officers of the      menced at least four years prior to holding elec-
required to provide juvenile services at SCCY-                             agency constitute a majority of the governing           tive public office.
MPU. ; or                                                                  body of such entity.                                      (b) An elected public official as defined in R.S.
  (b) A portion of such savings may be used for a                                                 *    *   *                       42:1 who is a member of a school board who took
learning center.                                                             §600.6. Powers and duties of the agency               his oath of office for his initial term in 2004, may
                     *    *   *                                              A. The agency shall have the powers necessary         engage in any business activity with a licensee if
  Section 3. The Board of Regents shall not imple-                         or convenient to carry out and effectuate the pur-      he is a non-key gaming employee as defined by
ment the provisions of this Act until the legisla-                         poses and provisions of this Chapter, including         R.S. 27:3(16), if such employment commenced at
ture appropriates funding sufficient to fully fund                         the following powers in addition to all other pow-      least two years prior to the effective date of this
implementation this Act.                                                   ers granted by other provisions of this Chapter:        Act.
  Section 4. The provisions of this Act shall not                                                 *    *   *                         (3) If the official is a performing professional
become effective until the state assumes full own-                           R.S. 40:600.6(A)(26) is all new law.                  musician, the official shall give notice to the
ership and possession of the real property and all                           (26) Notwithstanding any provisions of this           Board of Ethics and the Louisiana Gaming
the improvements thereon located on the proper-                            Chapter or any other law to the contrary, the           Control Board not later than five days prior to any
ty formerly known as Swanson Correctional                                  agency is authorized to:                                performance. If the official is also subject to the
Center for Youth-Madison Parish Unit (SCCY-                                  (a) Sponsor a statewide community housing             Judicial Canons of Ethics, then he must also pro-
MPU) facility at Tallulah, Louisiana.                                      development organization to partnership with or         vide such notice to the judicial administrator of
  Section 5. Notwithstanding any provision of this                         to expand the capacity of local nonprofit organi-       the Louisiana Supreme Court. Such notice shall
Act or any other law to the contrary, state funds                          zations in limited resource communities and to          include but not be limited to the following infor-
shall not be used for the construction, renovation,                        develop and manage affordable residential rental        mation: the date, time and location of the per-
operation, or maintenance of any public high                               housing in partnership with such local nonprofit        formance; the amount of compensation the offi-
school to be located at the Northeast Louisiana                            organizations.                                          cial has contracted to receive for the perform-
Delta Learning Center.                                                       (b) Originate and fund second mortgage loans to       ance; and the identity of the person or entity pro-
  Approved by the Governor, July 6, 2004.                                  persons or households of very low, low, or moder-       viding compensation to the official. A copy of the
A true copy:                                                               ate income as defined by the United States              contract shall also be attached to such notice.
  W. Fox McKeithen                                                         Department of Housing and Urban Development.            Cash compensation to the official for the perform-
    Secretary of State                                                       (c) Finance directly pools of loans to public         ance is prohibited by this Section. The Board of
                ————————                                                   housing authorities as established under the            Ethics may promulgate rules to provide for addi-
                                                                           Louisiana Housing Authorities Law, contained in         tional information to be included in such notice.
                      ACT No. 722                                          La. R.S. 40:381 et seq.                                   R.S. 27:96(A)(4) is all new law.
                         ———                                                 (d) Establish one or more subsidiaries to carry         (4)(a) If the person has been a non-key gaming
               SENATE BILL NO. 795                                         out the purposes of this Chapter.                       employee of a licensee for a period of four years
BY SENATORS BOISSIERE AND HAINKEL AND                                                             *    *   *                       or more prior to holding such public office, the
  REPRESENTATIVE MURRAY                                                      Approved by the Governor, July 6, 2004.               person shall give notice to the Board of Ethics, the
                         AN ACT                                            A true copy:                                            Louisiana Secretary of State Elections Division,
To enact R.S. 42:1111(A)(3), relative to the Code of                         W. Fox McKeithen                                      and the Louisiana Gaming Control Board not later
  Governmental Ethics; to provide an exception to                              Secretary of State                                  than five days after qualifying for elective public
  the prohibition on the receipt of payment for                                             ————————                               office. Such notice shall include, but not be limit-
  governmental services by a public servant from                                                                                   ed to the following information: the nature, dura-
  a nongovernmental source; to provide relative                                                  ACT No. 724                       tion, and compensation for said employment; the
  to the requirements of such exception; and to                                                     ———                            identity of the licensee for whom the person is
  provide for related matters.                                                             SENATE BILL NO. 800                     employed; a copy of the employment contract if
Be it enacted by the Legislature of Louisiana:                                BY SENATOR MOUNT AND REPRESENTA-                     the employment is subject to a written contract,
  Section 1. R.S. 42:1111(A)(3) is hereby enacted to                                            TIVE JOHNS                         and if not written, a description of the terms of
read as follows:                                                                                    AN ACT                         employment between the licensee and the
  §1111. Payment from nonpublic sources                                    To amend and reenact R.S. 37:2175.2(C) and to           employee. The public official has a duty to sup-
A.                     *    *  *                                             enact R.S. 37:2171.2 relative to contractors; to      plement responses upon any changes in the infor-
  R.S. 42:1111(A)(3) is all new law.                                         provide for requirements for issuance of local        mation contained in the original notice within
  (3) Any supplementary compensation or bene-                                building permits; to provide for additional           thirty days of said change. The Board of Ethics
fits provided to a member of the faculty, adminis-                           requirements for home improvement contrac-            may promulgate rules to provide for additional
tration, or staff of the New Orleans Center for                              tors; and to provide for related matters.             information to be included in such notice.
Creative Arts/Riverfront from funds or property                            Be it enacted by the Legislature of Louisiana:            (b) In the event a non-key employee who is also
accruing to the benefit of the center pursuant to                            Section 1. R.S. 37:2175.2(C) is hereby amended        an elected official becomes a key employee, as
the approval of the board of directors for use as                          and reenacted and R.S. 37:2171.2 is hereby enact-       defined by R.S. 27:3(14), such employee shall
provided in R.S. 17:1970.27 through a foundation                           ed to read as follows:                                  resign such elective office within thirty days of
organized to support the center which is char-                               §2171.2. Requirements; building permit                becoming a key employee. Provided however, no
tered specifically to provide aid to the center in a                         R.S. 37:2171.2 is all new law.                        person who lobbies for a licensee can run for
philanthropic manner shall be deemed for pur-                                A. Prior to the issuance of any building permit,      elective public office.
poses of this Subsection as a supplement to his                            the local building permit official shall require                               *    *   *
compensation to which he is duly entitled. Such a                          that the applicant for such permit produce proof          Section 2. The provisions of this Act shall
supplement shall not, however, be considered as                            that the applicant possesses an active, applicable      become effective on August 1, 2004.
regular compensation from his governmental                                 contractors license issued by the Board, or that          Approved by the Governor, July 6, 2004.
employer nor shall it form any basis for govern-                           the applicant’s proposed building activity is           A true copy:
mentally supported benefits.                                               exempt from such licensure under this Chapter.            W. Fox McKeithen
                       *    *  *                                           The local building permit official shall require            Secretary of State
  Approved by the Governor, July 6, 2004.                                  any applicant claiming an exemption for residen-                         ————————
A true copy:                                                               tial construction activities to execute an affidavit
  W. Fox McKeithen                                                         attesting to the claimed exemption. Such affidavit                             ACT No. 726
    Secretary of State                                                     shall be submitted to the local building permit                                   ———
                ————————                                                   official prior to the issuance of a permit. Such                        SENATE BILL NO. 821
                                                                           affidavit shall be executed on a form provided by       BY SENATORS BAJOIE AND CHEEK AND REP-
                      ACT No. 723                                          the Board.                                                RESENTATIVE RICHMOND
                          ———                                                B. Liability shall not be imposed on a political                               AN ACT
                SENATE BILL NO. 799                                        subdivision or its officers or employees based          To enact R.S. 36:259(II) and 919.7 and Chapter 46-
BY SENATOR MOUNT AND REPRESENTATIVE                                        upon the exercise or performance of, or the fail-         A of Title 46 of the Louisiana Revised Statutes of
  GLOVER                                                                   ure to exercise or perform any act or duty provid-        1950, to be comprised of R.S. 46:2616 through
                         AN ACT                                            ed for in this Section.                                   2618, relative to diabetes; to create the
To enact R.S. 40:600.1(B)(6), (7), and (8), 600.2(12)                                             *   *   *                          Louisiana Diabetes Initiatives Council in the
  and 600.6(A)(26), relative to the Louisiana                                §2175.2. Home improvement contracting; regis-           Department of Health and Hospitals; to provide
  Housing Finance Agency; to provide for find-                             tration required                                          for the membership, powers, and duties of the
  ings; to provide for a definition of subsidiary; to                                             *   *   *                          board; and to provide for related matters.
  provide for authority for the agency to sponsor a                          C. The applicant shall furnish the board proof of     Be it enacted by the Legislature of Louisiana:
  statewide community housing development                                  workers’ compensation insurance and proof of              Section 1. R.S. 36:259(II) and 919.7 are hereby
  organization; to provide with respect to the                             registration with the Department of Revenue by          enacted to read as follows:
  funding of loans and financing of pools of loans;                        providing a certificate of resident/non-resident sta-     §259. Transfer of agencies and functions to
  and to provide for related matters.                                      tus.                                                    Department of Health and Hospitals
Be it enacted by the Legislature of Louisiana:                                                    *   *   *                                               *   *    *
  Section 1. R.S. 40:600.1(B)(6), (7), (8), 600.2(12), and                   Approved by the Governor, July 6, 2004.                 R.S. 36:259(II) is all new law.
600.6(A)(26) are hereby enacted to read as follows:                        A true copy:                                              II. The Louisiana Diabetes Initiatives Council
  §600.1. Short title; findings; purpose                                     W. Fox McKeithen                                      (R.S. 46:2616) is placed within the Department of
                       *    *   *                                              Secretary of State                                  Health and Hospitals and shall exercise and per-
  B.(1)                *    *   *                                                           ————————                               form its powers, duties, functions, and responsi-
  R.S. 40:600.1(B)(6) is all new law.                                                                                              bilities in accordance with R.S. 36:919.7.
  (6) The legislature hereby finds and declares                                                  ACT No. 725                                              *   *    *
further that additional financial resources and                                                     ———                              §919.7. Transfer; Louisiana Diabetes Initiatives
technical skills must be available in local com-                                           SENATE BILL NO. 802                     Council
munities if the state is to mobilize the capacity of                       BY SENATORS MOUNT AND THEUNISSEN                          R.S. 36:919.7 is all new law.
the private sector, including nonprofit community                            AND REPRESENTATIVES FLAVIN, GEY-                        The Louisiana Diabetes Initiatives Council,
housing development organizations, to provide a                              MANN, E. GUILLORY, JOHNS AND MORRISH                  placed within the Department of Health and
more adequate supply of decent, safe, and sani-                                                    AN ACT                          Hospitals by the provisions of R.S. 36:259(II), shall
tary housing.                                                              To amend and reenact R.S. 27:96(A), relative to         exercise and perform its powers, duties, func-
  R.S. 40:600.1(B)(7) is all proposed new law.                               the      Louisiana      Riverboat      Economic       tions, and responsibilities as provided for agen-
  (7) The legislature hereby finds and declares                              Development and Gaming Control Act; to pro-           cies transferred pursuant to this Chapter.
further that state leadership is needed to achieve                           vide with respect to prohibited acts and gaming         Section 2. Chapter 46-A of Title 46 of the
an adequate supply of affordable housing for all                             offenses on riverboats; to provide that certain       Louisiana Revised Statutes of 1950, comprised of
residents of the state and that such leadership                              elected public officials can engage in business       R.S. 46:2616 through 2618, is hereby enacted to
shall be provided through the agency.                                        activities with a riverboat gaming licensee as a      read as follows:
  R.S. 40:600.1(B)(8) is all new law.                                        non-key gaming employee under certain circum-           CHAPTER 46-A. DIABETES INITIATIVES
  (8) The legislature hereby finds and declares                              stances; to provide for notification require-           Chapter 46-A is all new law.
further that the agency should have the maximum                              ments; to provide for the adoption of rules; and        §2616. Louisiana Diabetes Initiatives Council;
amount of flexibility, responsibility, and discre-                           to provide for related matters.                       creation; funding
tion to assure that all the residents of the state                         Be it enacted by the Legislature of Louisiana:            R.S. 46:2616 is all new law.
shall have access to decent, safe, sanitary, and                             Section 1. R.S. 27:96(A) is hereby amended and          The legislature hereby creates the Louisiana
affordable housing; therefore, in carrying out the                         reenacted to read as follows:                           Diabetes Initiatives Council, hereinafter referred
purposes of this Chapter, the agency shall be pre-                           §96. Contracts prohibited; gaming operator; pub-      to as the “council” within the Department of
sumed to possess broad powers and legal prerog-                            lic officials; penalties                                Health and Hospitals. The operations of the coun-
atives which enable the agency to carry out its                              A.(1) No elected public official as defined in        cil shall be funded conditional upon the receipt
purposes directly or indirectly through one or                             R.S. 42:1 shall engage in any business activity with    of federal, public or private funds awarded for
more nonprofit subsidiaries.                                               a licensee except as a patron, or as a performing       the purpose of diabetes research. In addition, the


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                        THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
council may accept and expend grant and private                            nor. A vacancy in such membership of the board         becomes eligible to collect his retirement benefit.
donations from any source including but not lim-                           shall be filled in the same manner as the original     Any member may, at any time after termination of
ited to federal, state, public, and private entities                       appointment.                                           the system covered employment, request a refund
to assist in carrying out its functions.                                     D. All members shall serve without compensa-         of employee contributions in accordance with
  §2617. Powers, functions, and duties                                     tion. All council members shall receive reim-          applicable current law.
  R.S. 46:2617 is all new law.                                             bursement for travel related to council business,        R.S. 11:413(15)(c) is all new law.
  The powers, functions, and duties of the council                         to be paid out of funds appropriated to the coun-        (c) Those employees who have less than ten
shall include but not be limited to the following:                         cil for such purpose.                                  years of creditable service in this the system on or
  (1) Advising the secretary of the Department of                            E. The council shall meet at least quarterly.        before June 30, 2004, shall be ineligible to remain
Health and Hospitals as to the implementation of                           Meetings shall also be held on call of the chair-      in the system and shall be removed from the sys-
the council’s recommendations.                                             man or at the request of at least three members of     tem effective July 1, 2004. These members shall be
  (2) Assisting the secretary of the Department of                         the council. Presence of a majority of the mem-        eligible to receive all employee contributions
Health and Hospitals in achieving programmatic                             bers of the council shall constitute a quorum.         made by that employee to the Louisiana State
goals.                                                                       F. The council shall submit an annual report,        Employees’ Retirement System and any employer
  (3) Annually assessing the effects of diabetes                           including proposed legislation if necessary, to the    contributions attributable to the normal cost of
mellitus in this state and the status of education,                        governor and to the House and Senate health and        that employee as established by the system’s
clinical research, and translation of new diabetes                         welfare committees, at least thirty days prior to      actuary. These funds must be rolled over to anoth-
treatment methods in this state.                                           the regular legislative session.                       er qualified plan or IRA by a Trustee to Trustee
  (4) Conducting diabetes surveillance activities                            G. All departments, boards, agencies, officers,      transfer. If no such transfer is available, the
including:                                                                 and institutions of the state and all political sub-   funds, as defined above, will be returned to the
  (a) Obtaining data and maintaining a statewide                           divisions thereof shall cooperate with the council     political subdivision for distribution in a manner
data base.                                                                 in carrying out its purposes pursuant to this          determined by the political subdivision.
  (b) Analyzing data and reviewing trends on mor-                          Chapter.                                                                      *    *   *
tality and morbidity in diabetes.                                            Section 3. This Act shall become effective on          §557. Additional benefits
  (c) Developing means to and disseminating                                July 1, 2004; if vetoed by the governor and subse-       A. Any person covered by this Subpart who
important data to professionals and the public.                            quently approved by the legislature, this Act shall    becomes a member of the Louisiana State
  (5) Promoting the development and implementa-                            become effective on July 1, 2004, or on the day fol-   Employees’ Retirement System shall receive an
tion of programs of professional education, spe-                           lowing such approval by the legislature, whichev-      additional benefit equal to one percent times the
cialized care, and clinical research in diabetes                           er is later.                                           number of years of service as a judge or court offi-
and its complications, including the establish-                              Approved by the Governor, July 6, 2004.              cer times his average compensation.
ment of a diabetes center of excellence.                                   A true copy:                                             R.S. 11:557(B) is all new law.
  (6) Overseeing and directing efforts in patient                            W. Fox McKeithen                                       B. Any person covered by this Subpart who has
education and primary care, including:                                         Secretary of State                                 not severed employment on the effective date of
  (a) Promoting adherence to national standards                                             ————————                              this Subsection and who was eligible to partici-
of education and care.                                                                                                            pate in the Deferred Retirement Option Plan on
  (b) Ongoing assessment of patient care costs and                                                ACT No. 727                     March 1, 1999, who entered the plan but who did
reimbursement issues for persons with diabetes                                                       ———                          not participate in the plan for the maximum time
in this state.                                                                             SENATE BILL NO. 829                    period allowed pursuant to this Chapter may
  (7) Conducting other activities necessary to                                       (Duplicate of House Bill No. 1563)           elect to resume participation in the plan. The
carry out the provisions of this Chapter.                                  BY SENATOR THEUNISSEN AND REPRESEN-                    member shall notify the system on or before
  §2618. Members; meetings; reports; assistance                              TATIVE E. GUILLORY AND COAUTHORED BY                 December 31, 2004, of his intention to resume par-
  R.S. 46:2618 is all new law.                                               SENATOR MOUNT                                        ticipation and the date on which he would like to
  A. The council shall convene for its first meeting                                                AN ACT                        resume participation. For a time period not
no later than August thirty-first in each state fis-                       To amend and reenact R.S. 11:557 and to enact          longer than the portion of the maximum partici-
cal year. At the first meeting each year the chair-                          R.S. 11:413(15)(a), (b), and (c), relative to the    pation period during which the member did not
man and vice chairman of the council shall be                                Louisiana State Employees’ Retirement System;        participate in the plan, and beginning on the date
appointed by the secretary of the Department of                              to provide with respect to membership in the         selected by the member, the system shall treat the
Health and Hospitals with the consultation and                               Louisiana State Employees’ Retirement System         member in the same manner as it treats any other
approval of the council. The council may adopt                               for any political subdivision whose creation is      participant in the plan. The rights, duties, and
such rules of procedure as are necessary to facil-                           authorized pursuant to R.S. 33:4710.2(A)(1) with     responsibilities of the system and of the member
itate orderly conduct of its business.                                       a parish wide jurisdiction in a parish with a        shall be governed by the provisions of this
  B. The council shall be composed of the follow-                            population of not less than one hundred eighty       Chapter pertaining to the Deferred Retirement
ing members:                                                                 thousand or more than one hundred eighty-five        Option Plan. In no event shall the total of the time
  (1) The secretary of the Department of Health                              thousand according to the latest federal decen-      period the member originally participated in the
and Hospitals, or his designee.                                              nial census; to provide that employees of any        plan and the time period during which the mem-
  (2) The secretary of the Department of Social                              political subdivision created by state law with a    ber resumes participation exceed the statutory
Services, or his designee.                                                   parish wide jurisdiction in a parish with a pop-     maximum plan participation period.
  (3) The state superintendent of education, or his                          ulation of not less than one hundred eighty            Section 2. This Act shall become effective upon
designee.                                                                    thousand or more than one hundred eighty-five        signature by the governor or, if not signed by the
  (4) The secretary of the Department of Labor, or                           thousand according to the latest federal decen-      governor, upon expiration of the time for bills to
his designee.                                                                nial census shall not be eligible to become mem-     become law without signature by the governor, as
  (5) The assistant secretary of the office of mental                        bers of the Louisiana State Employees’               provided by Article III, Section 18 of the
health in the Department of Health and                                       Retirement System; to provide with respect to        Constitution of Louisiana. If vetoed by the gover-
Hospitals, or his designee.                                                  employee and employer contributions; to pro-         nor and subsequently approved by the legisla-
  (6) The assistant secretary of the office of public                        vide for participation in the Deferred               ture, this Act shall become effective on the day
health in the Department of Health and                                       Retirement Option Plan by judges and court           following such approval.
Hospitals, or his designee.                                                  officers; to allow for remedial participation in       Approved by the Governor, July 6, 2004.
  (7) A representative of the office of the governor,                        the plan; to provide for an effective date; and to   A true copy:
to be appointed by the governor.                                             provide for related matters.                           W. Fox McKeithen
  (8) A member of the House of Representatives                             Notice of intention to introduce this Act has been         Secretary of State
appointed by the speaker of the House of                                     published.                                                           ————————
Representatives.                                                           Be it enacted by the Legislature of Louisiana:
  (9) A member of the Senate appointed by the                                Section 1. R.S. 11:557 is hereby amended and                               ACT No. 728
president of the Senate.                                                   reenacted and R.S. 11:413(15)(a), (b), and (c) is                               ———
  (10) Two representatives of the public-at-large                          hereby enacted to read as follows:                                      SENATE BILL NO. 842
to be selected from a list submitted by the council                          §413. Classes of employees not eligible                             BY SENATOR ROMERO
members to the secretary of the Department of                                The following classes of employees and officers                              AN ACT
Health and Hospitals.                                                      shall not be or become members of this system:         To enact Chapter 45 of Title 34 of the Louisiana
  (11) The president of the Louisiana State                                                       *    *   *                        Revised Statutes of 1950, to be comprised of R.S.
Medical Society, or his designee.                                            R.S. 11:413(15)(a) is all new law.                     34:3301 through 3313, inclusive, relative to the
  (12) The president of the Louisiana Medical                                (15)(a) Employees of any political subdivision         Acadiana Gulf of Mexico Access Channel; to
Association, or his designee.                                              with a parishwide jurisdiction created, as author-       provide relative to objects and purpose, powers,
  (13) The president of the Louisiana State Nurses                         ized by state law, by local services agreement and       coordination and cooperation; to authorize cer-
Association, or his designee.                                              intergovernmental contract for the purpose of            tain expropriation powers of the department; to
  (14) The president of the Louisiana Pharmacists                          stimulating and encouraging the development of           provide relative to duties of the Department of
Association, or his designee.                                              an industrial air park for economic development          Transportation and Development; to provide
  (15) The president of the Louisiana Chapter of                           in a parish with a population of not less than one       relative to the Acadiana Gulf of Mexico Access
the American Academy of Pediatrics, or his                                 hundred eighty thousand or more than one hun-            Channel; to provide certain procedures, terms,
designee.                                                                  dred eighty-five thousand according to the latest        and conditions; to authorize certain activities;
  (16) The chancellor of the Louisiana State                               federal decennial census whose employment                and to provide for related matters.
University Health Sciences Center, or his                                  commences on or after July 1, 2004, shall not be       Be it enacted by the Legislature of Louisiana:
designee.                                                                  eligible to become members of the Louisiana              Section 1. Chapter 45 of Title 34 of the Louisiana
  (17) The chancellor of Tulane Medical School, or                         State Employees’ Retirement System.                    Revised Statutes of 1950, to be comprised of R.S.
his designee.                                                                R.S. 11:413(15)(b) is all new law.                   34:3301 through 3313, inclusive is hereby enacted
  (18) The president of Southern University                                  (b) Any employee who, on or before June 30,          to read as follows:
Agricultural and Mechanical College, or his                                2004, has at least ten years of creditable service       CHAPTER 45. ACADIANA GULF OF MEXICO
designee.                                                                  credit in the Louisiana State Employees’               ACCESS CHANNEL
  (19) The president of University of Louisiana at                         Retirement System and who continues employ-              (AGMAC) DEEPENING PROJECT
Monroe, or his designee.                                                   ment with said political subdivision must, no            Chapter 45 is all new law.
  (20) The president of Xavier University, or his                          later than thirty days from the effective date of        PART I. IN GENERAL
designee.                                                                  this Act, make an irrevocable election to either         Part I is all new law.
  (21) The director of the Pennington Biomedical                           transfer to another qualified retirement plan or         §3301. Object and purpose
Research Center, or his designee.                                          remain in the system. Any employee who elects to         R.S. 34:3301 is all new law.
  (22) A representative of the Louisiana Dietetic                          transfer from the system must sign a hold harm-          It is the object and purpose of this Chapter to
Association.                                                               less agreement with the system releasing the sys-      provide for the Acadiana Gulf of Mexico Access
  (23) A representative of the Louisiana                                   tem from any claims arising out of, or relating to,    Channel (AGMAC) Deepening Project, allowing
Restaurant Association.                                                    said employee’s withdrawal from the system, and        more efficient marine access from the Port of
  (24) A member appointed by the commissioner                              the system shall transfer all employee contribu-       Iberia (POI) and other Acadiana Ports in the area
of insurance.                                                              tions made by that employee to the system and          to the Gulf of Mexico (GOM) by enlarging the exist-
  (25) A representative of the Louisiana Diabetes                          any employer contributions attributable to the         ing channel to a project depth of twenty feet; to
Advisory Council.                                                          normal cost of that employee as established by         designate the Louisiana Department of
  (26) A representative of the American Diabetes                           the system’s actuary. These funds must be rolled       Transportation and Development as the assuring
Association.                                                               over to another qualified plan or IRA by a Trustee     and coordinating agency of the state; to furnish to
  (27) A representative of the Juvenile Diabetes                           to Trustee transfer. If no such transfer is avail-     the United States such assurances as may be
Research Foundation.                                                       able, the funds, as defined above, will be returned    required by the Congress of the United States as a
  (28) A representative of the Independent                                 to the political subdivision for distribution in a     condition for such project, including, among
Pharmacy Association.                                                      manner determined by the political subdivision.        other things, that the state or an agency, depart-
  (29) A representative of the Diabetes Center of                          Any member having ten or more years of cred-           ment, or subdivision thereof will provide such
the Baton Rouge General Medical Center.                                    itable service in the Louisiana State Employees’       lands, servitudes, and rights-of-way or other
  (30) A representative of the Louisiana Primary                           Retirement System on or before June 30, 2004,          rights or interest necessary to construction of the
Care Association.                                                          who elects to remain in the system shall continue      project, including suitable areas for initial and
  (31) The director of the Biomedical Research                             to have contributions remitted at the employee         subsequent disposal of dredged material and all
Foundation of Northwest Louisiana, or his                                  and employer contribution rates as established         alterations and relocations of submarine
designee.                                                                  by law until or unless the employee terminates         pipelines, cables, and other structures and
  C. Each appointment pursuant to R.S. 46:2618(B)                          employment with the political subdivision. After       improvements necessary for project purposes,
shall be submitted to the Senate for confirmation                          termination of employment the member may elect         berthing areas and local access channels, and
and shall serve terms concurrent with the gover-                           to leave the account inactive until the member         also agreements to indemnify and hold harmless


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                      THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
the United States from claims arising out of the                             §3305. Construction of Chapter; controlling law         ty of the taking on the ground that the property
construction, maintenance, and operation of the                              R.S. 34:3305 is all new law.                            taken for the AGMAC channel deepening project
project in certain instances; to share the portion                           To the extent that the provisions of this Chapter       was not expropriated for a public purpose may
of the costs, and to reimburse to the United States                        are inconsistent with any other provisions of any         file a motion to dismiss the suit within fifteen
all or such portion of the costs, of the construction                      general statute or special act or parts thereof, the      days after the date on which the notice was served
of the deepened channel as may be required by                              provisions of this Chapter shall be deemed con-           on him. He shall certify thereon that a copy there-
the Congress.                                                              trolling.                                                 of has been served personally or by mail on either
  §3302. AGMAC Deepening Project                                             PART II. EXPROPRIATIONS                                 the plaintiff or its attorney of record in the suit.
  R.S. 34:3302 is all new law.                                               Part II is all new law.                                 This motion shall be tried contradictorily with
  A. For the purpose established in this Chapter                             §3306. Property defined                                 preference to the judge alone and shall be decid-
and contingent upon the necessary act of designa-                            R.S. 34:3306 is all new law.                            ed prior to fixing the case for trial on the com-
tion to be promulgated by the governor pursuant                              As used in this Chapter, the term “property”            pensation or damages due to the defendant.
to R.S. 38:81, designating the Department of                               means any portion of immovable property, includ-            B. Failure to file the motion within the time pro-
Transportation and Development as the assuring                             ing servitudes and other rights in or to immovable        vided constitutes a waiver of all defenses to the
and coordinating agency for the AGMAC Project,                             property.                                                 suit except claims for compensation or damages.
the secretary of the department is authorized to                             §3307. Authority to expropriate and acquire               §3313. Defendant’s answer; requirements; delay
negotiate and contract with the United States of                           property for the AGMAC channel deepening proj-            for filing
America to provide such local assurances and                               ect prior to judgment                                       R.S. 34:3313 is all new law.
cooperation as is necessary for the purposes                                 R.S. 34:3307 is all new law.                              Where property is expropriated pursuant to this
authorized in this Chapter.                                                  A. When the Department of Transportation and            Chapter any defendant may apply for a trial to
  B. The secretary is authorized to proceed with                           Development or its agent cannot amicably                  determine the measure of compensation to which
and cooperate in the planning, design, engineer-                           acquire property needed for the AGMAC channel             he is entitled, provided:
ing, construction, and right-of-way acquisition of                         deepening project as provided in this Chapter, it           (1) He files an answer within one year from the
the project; to-wit, providing a channel twenty                            may acquire the same by expropriation and may             date he is notified in writing by the department
feet in depth from the Gulf of Mexico to Port of                           acquire the property prior to judgment in the trial       that it has finally accepted the construction of the
Iberia (POI).                                                              court on the amount of compensation due to the            AGMAC channel deepening project for which the
  C. The Department of Transportation and                                  owner of the property.                                    property was expropriated; provided, he may file
Development shall be designated as the non-fed-                              B. Except as otherwise provided in this Chapter,        his answer prior to the date he is notified by the
eral sponsor of the lower portion of the Vermilion                         such expropriation shall be conducted in the              department.
River in Vermilion Parish for ten and                                      manner that the department is permitted to                  (2) His answer sets forth the amount he claims,
three/tenths miles to a depth of twenty feet if                            expropriate property for highway purposes, as set         including the value of each parcel expropriated
included as a post authorization change to the                             forth in R.S. 48:449 through 459.                         and the amount he claims as damages to the
AGMAC.                                                                       C. The right of expropriation granted herein            remainder of his property.
  D. Notwithstanding any provision of this Section                         shall be exercised only by the non-federal spon-            (3) His damage claim is reasonably itemized.
to the contrary, prior to entering into any contract                       sor if the United States Army Corps of Engineers            (4) His answer has a certificate thereon showing
with the United States of America to provide such                          agrees to accept the operation and maintenance            that a copy thereof has been served personally or
local assurances and cooperation, the department                           of the Freshwater Bayou By-Pass channel, struc-           by mail on all parties to the suit.
shall submit said contract for approval to the                             tures, and improvements.                                    Section 2. The provisions of this Act are not sev-
Joint Legislative Committee on the Budget.                                   §3308. Contents of petition for expropriation;          erable. If any provision or item of this Act, or the
  §3303. Powers and duties                                                 place of filing                                           application thereof, is held invalid, all of the
  R.S. 34:3303 is all new law.                                               R.S. 34:3308 is all new law.                            remaining provisions of this Act shall be null and
  A. The department shall be empowered to do                                 The right of expropriation granted by this              void.
any and all things necessary or proper to carry out                        Chapter shall be exercised in the following man-            Section 3. This Act shall become effective upon
the purposes of this Chapter, including, but not                           ner:                                                      signature by the governor or, if not signed by the
limited to, the things expressly provided in this                            (1) A petition shall be filed by the plaintiff in the   governor, upon expiration of the time for bills to
Section.                                                                   district court of the parish in which the property        become law without signature by the governor, as
  B. The department may enter into contracts and                           to be expropriated is situated. However, where            provided by Article III, Section 18 of the
agreements of any nature for the purposes of this                          the property to be expropriated extends into two          Constitution of Louisiana. If vetoed by the gover-
Chapter with any person or persons, natural or                             or more parishes and the owner of the property            nor and subsequently approved by the legisla-
artificial, corporation, association, or other enti-                       resides in one of them, the petition shall be filed       ture, this Act shall become effective on the day
ty, including public corporations, port authori-                           in the district court of the parish where the owner       following such approval.
ties, state departments, agencies, parishes, other                         resides, but if the owner does not reside in any            Approved by the Governor, July 6, 2004.
political subdivisions, municipalities, the United                         one of the parishes into which the property               A true copy:
States Government and agencies thereof, or any                             extends, the petition may be filed in any one of            W. Fox McKeithen
combination thereof or with instrumentalities of                           the parishes. In all such cases, the court wherein            Secretary of State
every kind, and may designate any department,                              the petition is filed shall have jurisdiction to                           ————————
agency, municipality, parish, port board, port                             adjudicate as to all the property involved.
commission, port, harbor, and terminal district,                             (2) The petition shall contain a statement of the                             ACT No. 729
industrial district, or other political subdivision                        purpose for which the property is to be expropri-                                  ———
of the state as its agent to carry out the purposes                        ated, describing the property necessary therefor                          SENATE BILL NO. 843
of and the powers granted under this Chapter.                              with a plan of the same, a description of the                           BY SENATOR AMEDEE
The secretary is empowered to negotiate with and                           improvements thereon, if any, and the name of the                                  AN ACT
enter into contracts or other agreements with any                          owner if known.                                           To amend and reenact R.S. 46:285(A)(2) and to
such person or entity concerning the joint admin-                            (3) The petition shall have annexed thereto the           enact R.S. 46:285(A)(6) and (7), relative to child
istration of the project, including jurisdictional                         following:                                                  protection and foster care workers; to provide
aspects of the state’s administration of the proj-                           (a) A notarized statement of the secretary of the         that such workers shall be trained in specific
ect, providing of lands, servitudes and rights-of-                         department declaring that the taking is necessary           legal provision; and to provide for related mat-
way, the location of project facilities, and may                           or useful for the purposes of this Chapter.                 ters.
engage jointly in the exercise of any power and in                           (b) A certificate signed by the department’s            Be it enacted by the Legislature of Louisiana:
the construction of any facilities and improve-                            engineer or, in his absence, his principal assis-           Section 1. R.S. 46:285(A)(2) is hereby amended
ments for the purposes of the project on any basis,                        tant, declaring that he has fixed the right of way        and reenacted and R.S. 46:285(A)(6) and (7) are
including the matching of funds, which the partic-                         in a manner sufficient in his judgment to provide         hereby enacted to read as follows:
ipating entities may undertake under any provi-                            for the public interest, safety, and convenience            §285. Required training for child protection and
sion of general or special law; however, the                               and further declaring that the location and design        foster care workers
department shall expend only those funds for the                           of the proposed improvements are in accordance              A. No employee of the Department of Social
project which are mandated by federal law, regu-                           with the best modern practices adopted in the             Services, office of community services, hired for
lation, or requirement as the non-federal share of                         interest of the safety and convenience of the pub-        the position of child protection caseworker or
the cost of the project or which are reasonably                            lic.                                                      supervisor or foster care caseworker or supervi-
related thereto and consistent with the perform-                             (c) An itemized statement of the amount of              sor with direct responsibility for cases dealing
ance of the authority and duties imposed by this                           money estimated to be the full extent of the              with families and children after January 1, 1984,
Chapter.                                                                   owner’s loss for the taking or the damage, or both,       shall exercise responsibility for any cases until
  C. The department may institute or defend in                             as the case may be. It shall be signed by those who       that employee has completed a training program
courts of competent jurisdiction, including for the                        made the estimate, showing the capacity in which          consisting of at least thirty-two hours of instruc-
purposes of this Chapter the courts and adminis-                           they acted, and the date on which it was made.            tion, addressing such appropriate topics as:
trative tribunals of the United States of America,                           §3309. Prayer of petition; ex parte order for             (1)                  *    *   *
any legal proceedings that may be necessary or                             deposit                                                     (2) Legal aspects of child protection and foster
required to compel compliance with this Chapter                              R.S. 34:3309 is all new law.                            care. including the legal duties of the representa-
or any actions taken hereunder or that may arise                             The petition shall conclude with a prayer that          tives, which may consist of various methods of
out of the performance of the obligations and                              the property be declared taken for the AGMAC              informing such representatives of such duties, in
duties imposed by this Chapter.                                            deepening project. Upon presentation of the peti-         order to protect the constitutional and statutory
  D. The powers granted under this Chapter shall                           tion, the court shall issue an order directing that       rights and safety of children and families from the
be regarded as supplemental and additional to                              the amount of the estimate be deposited in the            initial time of contact during investigation through
powers conferred on the Department of                                      registry of the court. Upon the deposit of the            treatment.
Transportation and Development by other laws.                              amount of the estimate in the registry of the court,                             *    *   *
  §3304. Coordination and cooperation                                      for the use and benefit of the persons entitled             R.S. 46:285(A)(6) is all new law.
  R.S. 34:3304 is all new law.                                             thereto, the clerk shall issue a receipt showing            (6) Training to ensure that workers are knowl-
  A. It is the policy of this Chapter that the                             the amount deposited, the date it was deposited,          edgeable in best practices for promoting collabo-
AGMAC Deepening Project be pursued so that                                 the style and number of the cause, and the                ration with families and that they are fully aware
there is full coordination and cooperation                                 description of the property and property rights, as       of the extent and the limits of their legal authori-
between all federal and state entities that have                           contained in the petition.                                ty and the legal rights of parents in carrying out
complementing or overlapping interest and                                    §3310. Vesting of title                                 such investigations. Training shall include legal
authority in the project. The secretary of the                               R.S. 34:3310 is all new law.                            duties of workers to protect the constitutional and
Department of Transportation and Development                                 Title to the property and the property rights           statutory rights of children and families from the
is authorized to coordinate all of the state and                           specified in the petition shall vest in the depart-       initial time of contact during investigation
local governmental aspects of the project so that                          ment upon final court order declaring that the            through treatment.
there is a long-term and orderly development and                           property described in the petition has been taken           R.S. 46:285(A)(7) is all new law.
maintenance of the project.                                                for the AGMAC deepening purposes, and the right             (7) All representatives or employees of the
  B. The secretary of the Department of                                    to just and adequate compensation therefor shall          Department of Social Services shall, at the initial
Transportation and Development is authorized to                            vest in the persons entitled thereto. Upon vesting        time of contact with the individual subject to a
call upon the Department of Economic                                       of title, the department may enter upon and take          child abuse and neglect investigation, advise the
Development, the Department of Natural                                     possession of the property.                               individual of the specific complaints or allega-
Resources, the Board of Commissioners of the                                 §3311. Notice to defendant                              tions made against the individual in a manner
Port of Iberia, and all other port commissions and                           R.S. 34:3311 is all new law.                            that is consistent with laws protecting the rights
districts and state agencies, departments, and                               A. Upon receipt of the deposit, the clerk of court      of the informant.
political subdivisions of the state for full and                           shall issue a notice to each defendant in the suit,                              *    *   *
complete cooperation and assistance in carrying                            notifying him that a petition has been filed to             Approved by the Governor, July 6, 2004.
out the provisions of this Chapter, and all such                           expropriate the property described in the peti-           A true copy:
entities are hereby directed and it shall be their                         tion.                                                       W. Fox McKeithen
duty to cooperate and assist the department to the                           B. This notice, together with a certified copy of           Secretary of State
fullest possible extent.                                                   the order, the petition, and the clerk’s receipt for                       ————————
  C. The Department of Transportation and                                  the deposit, shall be delivered by the clerk to the
Development, with the involvement and partici-                             proper sheriff for service on each defendant in                         ACT No. 730
pation of the local governing bodies in Vermilion                          the manner provided for the service of citations.                         ———
Parish, shall request that the United States Army                            §3312. Contesting validity of proposed taking;                    SENATE BILL NO. 852
Corps of Engineers conduct a study for develop-                            waiver of defenses                                        BY SENATORS CHAISSON AND DUPRE AND
ment of a hurricane protection levee and the con-                            R.S. 34:3312 is all new law.                             REPRESENTATIVE DANIEL
struction and maintenance thereof.                                           A. Any defendant desiring to contest the validi-                       AN ACT


CODING: Words in struck through type are deletions from existing law; words under-          * As it appears in the enrolled bill                                        THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
To enact Code of Criminal Procedure Art. 894                               the advisory board. The advisory board shall               ters.
  (D)(3), relative to the office of motor vehicles; to                     elect, by majority vote, other officers it deems         Be it enacted by the Legislature of Louisiana:
  provide for implementation and maintenance of                            necessary.                                                 Section 1. R.S. 33:3815.2(E) is hereby amended
  an electronic database, by cooperative endeav-                             D. All subsequent members shall be appointed           and reenacted to read as follows:
  or agreements; and to provide for related mat-                           by the advisory board. The advisory board may, by          §3815.2. Powers of waterworks districts; water
  ters.                                                                    majority vote, appoint a total of twenty-three           supply; agreements between waterworks districts
Be it enacted by the Legislature of Louisiana:                             members to the board. The board, by majority             and waterworks districts, fire districts, or persons
  Section 1. Code of Criminal Procedure Art.                               vote, may appoint two additional members to the          in adjoining parishes
894(D)(3) is hereby enacted to read as follows:                            initial appointment of twenty-one members as it                               *    *  *
  Art. 894. Suspension and deferral of sentence;                           deems necessary.                                           E. A waterworks district of one parish, which
probation in misdemeanor cases                                               E. Each appointment to the advisory board shall        supplies water to, or takes water from, an adjoin-
                       *   *    *                                          be subject to confirmation by the Senate. Each           ing parish, except any waterworks district obtain-
  D.(1)                *   *   *                                           such member shall serve until his successor is           ing water from state running waters or under a
  Article 894(D)(3) is all new law.                                        appointed and takes office.                              Special Use Permit from the United States Forest
  (3)(a) The Department of Insurance is hereby                               F.(1) Legislative members of the board shall           Service, shall only do so under the terms and con-
authorized to expend from any surplus it derives                           receive the same per diem and travel allowance           ditions set forth in a franchise agreement or
from a fiscal year an amount not to exceed three                           for attending meetings of the board or any meet-         majority resolution of the governing authority of
hundred thousand dollars to the office of motor                            ing thereof as they receive for attendance at leg-       the adjoining parish and a majority resolution of
vehicles to fully implement and maintain the                               islative committee meetings during the interim           the governing authority of the creating parish.
electronic      database     established    in    this                     between sessions and from the same source.                                    *    *  *
Subsection.                                                                  (2) Nonlegislative members of the board shall            Approved by the Governor, July 6, 2004.
  (b) The Department of Insurance is further                               receive no compensation for services rendered in         A true copy:
authorized to enter into cooperative endeavor                              their capacity as a member of the board.                   W. Fox McKeithen
agreements with the Louisiana State Supreme                                  §846. Powers and duties of the advisory board              Secretary of State
Court, any district attorney’s office, or any clerk of                       R.S. 25:846 is all new law.                                            ————————
court’s office for training and usage of the data-                           A. A majority of the members of the advisory
base created by this Subsection.                                           board shall constitute a quorum for the transac-
  Approved by the Governor, July 6, 2004.                                  tion of official business. All official actions of the                          ACT No. 733
A true copy:                                                               advisory board shall require the affirmative vote                                 ———
  W. Fox McKeithen                                                         of a majority of the members present and voting.                          SENATE BILL NO. 869
    Secretary of State                                                       B. The advisory board shall:                               (Substitute for Senate Bill No. 736 by Senator
                 ————————                                                    (1) Meet at least once each quarter at the call of                              Jones)
                                                                           the advisory board’s chairman.                           BY SENATOR JONES AND REPRESENTATIVES
                      ACT No. 731                                            (2) Adopt bylaws establishing policies and pro-          HUNTER, MURRAY AND RICHMOND
                         ———                                               cedures for its governance, including but not lim-                                AN ACT
                SENATE BILL NO. 855                                        ited to the following:                                   To amend and reenact R.S. 37:914(B)(1) and to
               BY SENATOR BAJOIE                                             (a) The election and responsibilities of the offi-       enact R.S. 42:2.1, relative to the qualifications
                         AN ACT                                            cers of the advisory board, including a chairman           and qualities of appointees to boards, commis-
To amend and reenact R.S. 25:841, 842, and 844                             and vice chairman.                                         sions, councils, authorities, and other entities
  and to enact R.S. 25:845 and 846 and R.S.                                  (b) The appointment, duties, and functions of            with statewide jurisdiction over certain mat-
  36:209(Z) and 919.7, relative to the Louisiana                           standing and special committees of the advisory            ters; to provide relative to the composition of
  Civil Rights Museum; to establish and provide                            board, including the appointment of nonboard               such entities; to provide relative to the appoint-
  for the Louisiana Civil Rights Museum Advisory                           members to such committees and their functions.            ment of members to such entities; to provide rel-
  Board; to provide for the membership, powers,                              (c) The preparation of a budget.                         ative to the Louisiana State Board of Nursing;
  duties, and functions of the advisory board; and                           (3) Advise the office of state museum on all mat-        and to provide for related matters.
  to provide for related matters.                                          ters relating to the operations of the civil rights      Be it enacted by the Legislature of Louisiana:
Be it enacted by the Legislature of Louisiana:                             museum.                                                    Section 1. R.S. 42:2.1 is hereby enacted to read
  Section 1. R.S. 25:841, 842, and 844 are hereby                            (4) Establish and use an identifying seal per-         as follows:
amended and reenacted and R.S. 25:845 and 846                              taining to museum business.                                §2.1. Boards, commissions, councils, authorities,
are hereby enacted to read as follows:                                       (5) Perform such other functions as are other-         entities; composition
  §841. Establishment and location                                         wise provided by this Chapter and R.S. 36:919.7.           R.S. 42:2.1 is all new law.
  The Louisiana Civil Rights Museum is hereby                                C. The advisory board may:                               A. In making appointments to any board, com-
established as the official state civil rights muse-                         (1) In accordance with R.S. 25:345, cooperate          mission, council, authority, or other similar entity
um. The museum shall be domiciled in New                                   with the office of the state museum, the board of        that has statewide jurisdiction and is established
Orleans, Louisiana, and shall be operated, man-                            directors of the Louisiana State Museum, or with         by law, rule, executive order, or otherwise, the
aged, and funded by the office of the state muse-                          any nonprofit corporation established to support         appointing authority shall give due consideration
um of the Department of Culture, Recreation and                            the museum, seek funds from any source, public           to the demographics of the population of the state,
Tourism in accordance with this Chapter.                                   or private, to support programs and general pur-         including but not limited to geography, gender,
  §842. Operating funds; annual report                                     poses of the civil rights museum.                        and race.
  The office of the state museum shall provide suf-                          (2) Authorize reports and recommendations                B. No person shall have any right of action pur-
ficient funds for the proper operation and man-                            which include the issuance, publication, or distri-      suant to this Section against an appointing
agement of the museum facilities, according to                             bution of general information documents or pam-          authority or any board, commission, council,
the accepted standards of museum operations,                               phlets, which are published on a regular basis           authority, or other similar entity or against any
including a competent administrative and profes-                           and are generally known as newsletters.                  action of such an entity.
sional staff; however, no state funds shall be uti-                          Section 2. R.S. 36:209(Z) and 919.7 are hereby           Section 2.R.S. 37:914(B)(1) is hereby amended
lized unless specifically appropriated for this                            enacted to read as follows:                              and reenacted to read as follows:
purpose in accordance with the budget plan devel-                            §209. Transfer of boards, commissions, depart-           §914. Louisiana State Board of Nursing; appoint-
oped with the advice of the Louisiana Civil Rights                         ments, and agencies to Department of Culture,            ment of members; term of office; vacancy; officers;
Museum Advisory Board. The office of the state                             Recreation and Tourism                                   compensation
museum shall present an annual report of the                                                      *   *    *                                               *   *    *
museum operations and management to the                                      R.S. 36:209(Z) is all new law.                           B.(1) The board shall be composed of nine eight
Louisiana Civil Rights Museum Advisory Board.                                Z. The Louisiana Civil Rights Museum Advisory          registered nurses appointed by the governor from
                       *   *  *                                            Board (R.S. 25:841 et seq.) is placed within the         a list of names submitted by the Louisiana State
  §844. Donations and grants                                               office of the state museum of the Department of          Nurses Association, one certified registered nurse
  The Louisiana Civil Rights Museum may direct-                            Culture, Recreation and Tourism as provided in           anesthetist appointed by the governor from a list of
ly, or indirectly through the board of directors of                        R.S. 36:919.7 and R.S. 25:841 et seq.                    names submitted by the Louisiana Association of
the Louisiana State Museum or the Louisiana                                                       *   *    *                        Nurse Anesthetists, Ltd. and two physicians,
Museum Foundation, receive donations and                                     §919.7. Transfer; Louisiana Civil Rights Museum        appointed by the governor from a list of names
grants from individuals, corporations, private                             Advisory Board                                           submitted by the Louisiana State Medical Society,
foundations, and local, state, and federal govern-                           R.S. 36:919.7 is all new law.                          who shall serve as ex officio members of the
mental agencies, entities, or subdivisions in order                          The Louisiana Civil Rights Museum Advisory             board and shall serve only as advisors to the
to further the provisions of this Chapter.                                 Board is placed in the Department of Culture,            board and shall not vote.
  §845. Louisiana Civil Rights Museum Advisory                             Recreation and Tourism within the office of the                                 *   *    *
Board; creation; membership                                                state museum and shall exercise and perform its            Section 3. This Act shall become effective on
  R.S. 25:845 is all new law.                                              powers, duties, functions, and responsibilities as       January 1, 2005.
  A. The Louisiana Civil Rights Museum Advisory                            provided for agencies transferred as provided in           Approved by the Governor, July 6, 2004.
Board, hereinafter referred to as “advisory                                this Part and in accordance with accepted stan-          A true copy:
board,” is hereby created in the Department of                             dards of museum operations and practices as                W. Fox McKeithen
Culture, Recreation and Tourism.                                           established by the American Association of                    Secretary of State
  B. The advisory board shall be initially com-                            Museums.                                                                   ————————
posed of the following twenty-one members:                                   Section 3.A. The provisions of R.S. 25:845 as
  (1) The state senator representing the district                          enacted in Section 1 of this Act shall become                                  ACT No. 734
where the museum is located, or her designee.                              effective upon signature by the governor or, if not                               ———
  (2) The state representative representing the                            signed by the governor, upon expiration of the                            SENATE BILL NO. 871
district where the museum is located, or her                               time for bills to become law without signature by            (Substitute for Senate Bill No. 534 by Senator
designee.                                                                  the governor, as provided by Article III, Section                                 Irons)
  (3) One member shall be appointed by the city of                         18 of the Constitution of Louisiana. If this Act is      BY SENATORS IRONS, ADLEY, AMEDEE,
New Orleans councilperson representing the dis-                            vetoed by the governor and subsequently                    BAJOIE, BOASSO, BOISSIERE, CAIN, CHAIS-
trict where the museum is located.                                         approved by the legislature, the provisions of R.S.        SON, CHEEK, CRAVINS, DARDENNE, DUP-
  (4) One member shall be appointed by the mayor                           25:845 as enacted in Section 1 of this Act shall           LESSIS, DUPRE, ELLINGTON, FONTENOT, B.
of the city of New Orleans.                                                become effective on the day following such                 GAUTREAUX, N. GAUTREAUX, HAINKEL,
  (5) Nine members shall be appointed by the gov-                          approval.                                                  HINES, HOLLIS, JACKSON, JONES, KOSTEL-
ernor. Seven of the members shall represent one                              B. The remaining provisions of this Act shall            KA, LENTINI, MALONE, MARIONNEAUX,
of Louisiana’s congressional districts and the                             become effective on July 1, 2004. If this Act is           MCPHERSON, MICHOT, MOUNT, NEVERS,
remaining two shall serve as at-large members.                             vetoed by the governor and subsequently                    ROMERO, SMITH, THEUNISSEN AND ULLO
Such members shall serve at the pleasure of the                            approved by the legislature, this Act shall become         AND REPRESENTATIVE MURRAY
governor.                                                                  effective on July 1, 2004, or on the day following                               AN ACT
  (6) The lieutenant governor or his designee.                             such approval by the legislature, whichever is           To amend and reenact R.S. 17:17, and to enact R.S.
  (7) One member shall be a representative of and                          later.                                                     17:17.1, 17.2, and 17.3, relative to physical fitness
appointed by the Efforts of Grace, Inc.                                      Approved by the Governor, July 6, 2004.                  in schools; to provide relative to the physical
  (8) One member shall be a representative of and                          A true copy:                                               activity and nutrition of students; to provide for
appointed by the Oretha C. Haley Blvd.                                       W. Fox McKeithen                                         legislative findings and objectives; to establish
Merchants, Associates.                                                         Secretary of State                                     and provide for awards for schools with out-
  (9) One member shall be a representative of and                                           ————————                                  standing programs, based on funding; to estab-
appointed by the Central City Partnership.                                                                                            lish and provide for the implementation of a
  (10) One member shall be appointed by the                                                    ACT No. 732                            pilot program; to provide for the selection of
chancellor of Southern University at New                                                         ———                                  school systems for participation; to provide for
Orleans.                                                                                  SENATE BILL NO. 864                         program development; to provide for limita-
  (11) One member shall be appointed by the                                BY SENATOR MCPHERSON AND REPRESEN-                         tions; to provide for reports; to provide relative
chancellor of Southern University at Baton                                  TATIVE FARRAR                                             to funding; and to provide for related matters.
Rouge.                                                                                           AN ACT                             Be it enacted by the Legislature of Louisiana:
  (12) One member shall be a representative of                             To amend and reenact R.S. 33:3815.2(E), relative           Section 1. R.S. 17:17 is hereby amended and
and appointed by the Amistead Research Center.                              to powers of waterworks districts; to provide rel-      reenacted, and R.S. 17:17.1, 17.2, and 17.3 are here-
  (13) One member shall be a representative of                              ative to a waterworks district of one parish sup-       by enacted to read as follows:
and appointed by the Louisiana Commission on                                plying water to or taking water from an adjoin-           §17. Physical activity fitness; students; required
Human Rights.                                                               ing parish; to provide certain terms, procedures,       findings; purpose
  C. The governor shall appoint the chairperson of                          and conditions; and to provide for related mat-           A.(1) Effective for the 2004-2005 school year and


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                          THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
thereafter, each public school with grades kinder-                         to rules and guidelines adopted by the State              Section.
garten through six shall provide at least thirty                           Board of Elementary and Secondary Education,                E.(1) Each school selected to participate in the
minutes each school day of quality physical activ-                         referred to in this Section as “state board,” any         program shall provide a comprehensive report to
ity for students. The legislature finds that child-                        public school that contains grades seven, eight,          the state board at the end of each school year on
hood obesity is a growing problem in this state and                        nine, or ten may apply to the state board for par-        the effectiveness of the pilot program in accom-
that the promotion of physical activity and the pro-                       ticipation in a pilot program established by this         plishing the objectives specified in R.S. 17:17(B).
motion of the consumption of snacks of higher                              Section.                                                    (2) The state board shall report to the governor
nutritional value during the school day for chil-                            (2) The state board shall select no more than           and to the Senate and House committees on edu-
dren are first steps in combating this problem and                         eight schools from each of the eight regional serv-       cation no later than July 1st of each school year
in changing the attitudes and behavior of citizens                         ice districts, as established in R.S. 17:3781, et seq.,   on the progress of the pilot program and shall pro-
toward understanding the health benefits that can                          to participate in the program.                            vide a written report of findings and recommen-
be derived from participation by children in physi-                          (3) The state board shall make every effort to          dations upon termination.
cal education and activity and by providing and                            achieve an equal geographic distribution of pilot           F. Implementation of the pilot program shall be
encouraging the consumption of more highly nutri-                          school system sites throughout the state in its           for three years, beginning in the 2005-2006 school
tious snacks.                                                              selection process.                                        year.
  (2) The legislature further finds that regular                             B. The program shall consist of the following             G. The pilot program established pursuant to
physical activity and healthy eating habits can con-                       elements in a three-year study pursuant to the            the provisions of this Section shall in no way
tribute to the protection from cardiovascular dis-                         development and implementation of recommen-               interfere with or replace any effort, purpose,
ease, diabetes, and other chronic diseases; reduce                         dations provided pursuant to Subsection C of this         assessment or program implemented by the
symptoms of depression and anxiety; help control                           Section:                                                  Governor’s Council on Physical Fitness and
weight; and help build and maintain healthy bones,                           (1) An assessment that measures aspects of              Sports.
muscles and joints.                                                        health-related fitness, rather than skill or agility,       H. The provisions of this Section shall be effec-
  B. The purposes of this Section and R.S. 17:17.1,                        of the students in participating schools. The             tive upon the appropriation of funds for this pur-
17.2, and 17.3 shall be to accomplish the following                        assessment shall be administered during the               pose.
objectives:                                                                month of September beginning in the 2005-2006               Section 2. This Act shall become effective upon
  (1) To promote, encourage, and motivate children                         school year and each subsequent year of the pilot         signature by the governor or, if not signed by the
of all physical abilities to participate in physical                       and may include a post-assessment during the              governor, upon expiration of the time for bills to
activity for children to reach their full potential as                     school year as may be determined by the state             become law without signature by the governor, as
individuals.                                                               board pursuant to the development of the pro-             provided by Article III, Section 18 of the
  (2) To promote physical activity and fitness in                          gram as provided in Subsection C of this Section.         Constitution of Louisiana. If vetoed by the gover-
schools by encouraging innovative physical educa-                            (2)(a) An assessment of the changes in weight           nor and subsequently approved by the legisla-
tion programs that consist of physical exertion of a                       status of the students who are enrolled in partici-       ture, this Act shall become effective on the day
moderate to vigorous intensity level.                                      pating schools and who are receiving combined             following such approval.
  (3) To promote improved nutritional levels in                            nutritional and physical activity intervention ver-         Approved by the Governor, July 6, 2004.
children by providing for snacks with higher nutri-                        sus a nutritional intervention or physical activity       A true copy:
tional value during the school day.                                        intervention alone.                                         W. Fox McKeithen
  (4) To inform children and their parents about the                         (b) The pilot study shall be done as a random-              Secretary of State
importance of physical activity and improved nutri-                        ized, controlled, four-group, repeated measures                           ————————
tion and the effects of both on positive outcomes.                         study.
  (5) To increase parental awareness of their chil-                          (c) Participating schools shall be randomly                                   ACT No. 735
dren’s activity and fitness levels.                                        assigned to one of the following four groups:                                      ———
  (6) To promote daily physical activity, the enjoy-                         (i) A group in which the students shall receive                         SENATE BILL NO. 874
ment of physical activity, the improvement of nutri-                       nutritional intervention only.                                (Substitute for Senate Bill No. 697 by Senator
tional levels and eating habits, and the develop-                            (ii) A group in which the students shall receive                                 Irons)
ment of lifelong patterns of physical activity.                            physical activity intervention only.                             BY SENATORS IRONS AND BAJOIE
  Effective for the 2004-2005 school year and                                (iii) A group in which the students shall receive                                AN ACT
thereafter, each public school with grades kinder-                         combined nutritional intervention and physical            To enact R.S. 17:3992(A)(3) and 3995(A)(6), relative
garten through six shall provide at least thirty                           activity intervention.                                      to the International School of Louisiana and
minutes each school day of quality physical activ-                           (iv) A group in which the students shall receive          certain other type 2 charter schools; to provide
ity for students.                                                          no intervention.                                            with regard to the funding of certain type 2 char-
  §17.1. Required physical activity in schools                               (d)(i) Nutritional intervention shall require that        ter schools; to mandate full funding of such
  R.S. 17:17.1 is all new law.                                             not less than fifty percent of beverages offered for        schools; and to provide for related matters.
  A.(1) Effective for the 2004-2005 school year and                        sale to students for consumption at school, other         Be it enacted by the Legislature of Louisiana:
thereafter, each public elementary school that                             than those sold as part of the lunch program, shall         Section 1. R.S. 17:3992(A)(3) and 3995(A)(6) are
includes any of the grades kindergarten through                            be one of the following options:                          hereby enacted to read as follows:
six shall provide at least thirty minutes each                               (aa) Fruit juice or drinks that are composed of           §3992. Charter revision and renewal
school day of quality moderate to vigorous physi-                          one hundred percent fruit juice and that do not           A.                     *    *   *
cal activity for students.                                                 contain added natural or artificial sweetener.              R.S. 17:3992(A)(3) is all new law.
  (2) No later than September 1st of each year,                              (bb) Drinking water.                                      (3) A type 2 charter school that has been
each city, parish and other public elementary                                (cc) Milk, including low-fat, nonfat, chocolate,        renewed for an additional ten-year period as pro-
school shall report to its school board on compli-                         and nondairy milk.                                        vided in this Subsection shall be funded by the
ance with the provisions of Paragraph (1) of this                            (dd) Electrolyte replacement beverages which            state as provided in R.S. 17: 3995(A)(6).
Subsection. The school board shall report to the                           contain forty-two grams or less of sweetener per                                 *    *   *
state board on such compliance no later than                               twenty-one ounce serving.                                   §3995. Charter school funding
October 1st.                                                                 (ii) Nutritional intervention shall require that        A.                     *    *   *
  (3) Suitably adapted physical activity shall be                          not less than fifty percent of foods offered for sale       R.S. 17:3995(A)(6) is all new law.
included as part of the individual education plans                         to students for consumption at school, other than           (6)(a) A type 2 school which has been renewed
for students with chronic health problems, other                           foods sold as part of the lunch program, shall be         for a ten-year period, as provided in R.S. 17:
disabling conditions, or other special needs that                          food items that meet all of the following require-        3992(A) shall annually be funded in the full
preclude participation in regular physical activi-                         ments:                                                    amount calculated as provided for in Paragraph
ty.                                                                          (aa) Have not more than thirty-five percent of          (1) of this Subsection. Such full funding shall be
  B. Any student not enrolled in a physical educa-                         the total calories from fat unless the item is seeds      provided as a priority prior to the allocation of
tion course at a public secondary school in this                           or nuts.                                                  state funding to any other charter school funded
state is encouraged to participate in moderate to                            (bb) Have not more than ten percent of the total        by the state.
vigorous physical activity commensurate with the                           calories from saturated fat.                                (b) The full funding required in this Subsection
ability of the student for a minimum of thirty min-                          (cc) Have not more than thirty grams per serving        shall include in any calculation all pupils
utes per day to develop good health, physical fit-                         of sugar unless the item is a fruit or vegetable.         enrolled pursuant to any authority of a renewed
ness, and improve motor coordination and physi-                              (iii) Beverages and foods that are offered for          type 2 charter to increase the enrollment of such
cal skills.                                                                sale to students for consumption at school, other         school whether caused by increasing the number
  C.(1) An outreach and communication plan con-                            than those sold as part of the lunch program, that        of pupils in authorized grades or by adding
sisting of current information and research on                             comply with the requirements of this                      sequential grades pursuant to the school’s char-
health, nutrition, and physical education and fit-                         Subparagraph may be offered for sale at partici-          ter or other authority granted by the state board.
ness issues shall be developed pursuant to the                             pating schools beginning with the last ten minutes                               *    *   *
collaborative efforts of the Department of Health                          of each lunch period and continuing for the bal-            Approved by the Governor, July 6, 2004.
and Hospitals; Department of Education;                                    ance of the school day. Other beverages and foods         A true copy:
Louisiana State University Health Sciences                                 may be offered in compliance with the current               W. Fox McKeithen
Center, Pennington Biomedical Research Center;                             rules regulating such concessions adopted by the               Secretary of State
Governor’s Council on Physical Fitness and                                 State Board of Elementary and Secondary                                    ————————
Sports; Louisiana Council on Obesity, Prevention                           Education.
and Management; Louisiana Association of                                     (3) The collection of individual baseline and                                 ACT No. 736
Physical Education, Recreation and Dance; and                              longitudinal data to measure the improvement of                                    ———
the American Heart Association.                                            each individual student. No assessment shall                              SENATE BILL NO. 877
  (2) Such plan shall be disseminated to each city,                        compare any student to another.                              (Substitute for Senate Bill No. 511 by Senator
parish, or other local public school board and                               C. The following agencies, representatives, and                                Ellington)
made available to parents and students.                                    entities shall work in collaboration with the state       BY SENATORS ELLINGTON AND MICHOT AND
  §17.2. Physical activity; awards for model pro-                          board to develop the elements of the pilot pro-             REPRESENTATIVES                 PINAC        AND
grams                                                                      gram and the recommendations for its implemen-              WALSWORTH
  R.S. 17:17.2 is all new law.                                             tation, including the methods and tools which                                      AN ACT
  A. Beginning with the 2004-2005 school year and                          may be used for such assessment:                          To enact Chapter 8-K of Title 45 of the Louisiana
annually thereafter, one outstanding public ele-                             (1) Department of Education.                              Revised Statutes of 1950, to be comprised of R.S.
mentary or secondary school shall be selected                                (2) Department of Health and Hospitals.                   45:844.40 through 844.54, relative to telecommu-
from each regional education service center                                  (3) Louisiana State University Health Sciences            nications; to create the “Local Government Fair
region in the state to be recognized and receive                           Center, Pennington Biomedical Research Center.              Competition Act”; to provide for legislative find-
an award for an outstanding program of physical                              (4) Governor’s Council on Physical Fitness and            ings; to provide for definitions; to provide limi-
activity implemented at the school.                                        Sports.                                                     tations for providing certain cable television,
  B.(1) The State Board of Elementary and                                    (5) Louisiana Council on Obesity Prevention and           telecommunications, and advanced services; to
Secondary Education, in collaboration with the                             Management.                                                 establish procedures for offering certain cable
Department of Education, Department of Health                                (6) Louisiana Association of Physical Education,          television, telecommunications, and advanced
and Hospitals, and the Governor’s Council on                               Recreation and Dance.                                       services; to provide for public hearings; to pro-
Physical Fitness and Sports, shall establish a                               (7) American Heart Association.                           vide certain quality of service standards; to pro-
selection process for naming the outstanding                                 (8) A representative designated by the governing          vide for enforcement and appeal; and to provide
schools, which shall include regional selection                            authority of the Louisiana Soft Drink Association.          for related matters.
committees appointed by the collaborative efforts                            (9) A representative designated by the governing        Be it enacted by the Legislature of Louisiana:
of the agencies named in this Subsection.                                  authority of the Vending Machine Operators of               Section 1. Chapter 8-K of Title 45 of the
  (2) The final selection process shall also include                       Louisiana.                                                Louisiana Revised Statutes of 1950, to be com-
a formal mechanism to obtain teacher, parental,                              D.(1) Each participating school may accept and          prised of R.S. 45:844.40 through 844.54, is hereby
and community recommendations and opinions.                                incorporate appropriate educational and market-           enacted to read as follows:
  C. Monetary awards shall be provided to the out-                         ing material that supports the goals of increased            CHAPTER 8-K. LOCAL GOVERNMENT FAIR
standing schools when funds are available for this                         physical fitness and activity provided by partici-                        COMPETITION ACT
purpose, and may be provided from private                                  pating food and beverage suppliers.                         Chapter 8-K of Title 45 is all new law.
sources subject to the approval of the State Board                           (2) Participating food and beverage suppliers             §844.40. Short title
of Elementary and Secondary Education.                                     shall be encouraged to measure the effect of                R.S. 45:844.40 is all new law.
  §17.3. Physical fitness; pilot program                                   nutritional interventions on the revenue to the             This Act shall be known and may be cited as
  R.S. 17:17.3 is all new law.                                             supplier and to the school earned at any school in        “The Local Government Fair Competition Act.”
  A.(1) Subject to the approval of its city, parish,                       which nutritional intervention occurs and to                §844.41. Legislative findings and declarations of
or other local public school board, referred to in                         report the result of such measure to the collabo-         intent
this Section as “local school board,” and pursuant                         rative group specified in Subsection C of this              R.S. 45:844.41 is all new law.


CODING: Words in struck through type are deletions from existing law; words under-          * As it appears in the enrolled bill                                        THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
  The legislature finds and declares that it is the                        ably and prudently incurred by the local govern-          (2) The feasibility study described in Paragraph
policy of this state:                                                      ment (including legal and professional services)        (1) of this Section shall at a minimum consider:
  (1) To ensure that cable television services and                         in obtaining the feasibility study required under         (a) If the local government is proposing to pro-
telecommunications and advanced services are                               this Part, in seeking to obtain assent of the finan-    vide covered services to subscribers, whether the
provided through fair competition consistent with                          cial market place for funding the proposed proj-        local government providing covered services in
the federal Telecommunications Act of 1996, Pub.                           ect, and other related costs through the closing of     the manner proposed by the local government
L. 104-104, in order to provide the widest possible                        the sale of the bonds or other financing vehicles       will hinder or advance competition for covered
diversity of information and news sources to the                           supporting the provisioning of covered services,        services in the city or parish.
general public.                                                            and specifically excludes capital costs as defined        (b) The fiscal impact on the local government of:
  (2) To advance the exercise of rights under the                          herein.                                                   (i) The capital investment in facilities that will
First Amendment of the Constitution of the                                   (19) “Telecommunications service” means the           be used to provide the proposed covered services.
United States.                                                             two-way transmission of signs, signals, writing,          (ii) The expenditure of funds for labor, financ-
  (3) To enhance the development and widespread                            images, sounds, messages, data, or other informa-       ing, and administering the proposed covered
use of technological advances in providing cable                           tion of any nature by wire, radio, light waves, or      services.
television services and telecommunications and                             other electromagnetic means offered to the pub-           (c) The projected growth in demand in the city
advanced services.                                                         lic generally.                                          or parish or both for the proposed covered servic-
  (4) To encourage improved customer service of                              (20)”Subscribers” means a person that lawfully        es.
cable television services and telecommunications                           receives a covered service.                               (d) The projections at the time of the feasibility
and advanced services at competitive rates.                                  §844.43. Antitrust immunity                           study and for each year until the bonds necessary
  (5) To ensure that cable television services and                           R.S. 45:844.43 is all new law.                        to finance the facilities used to provide covered
telecommunications and advanced services are                                 A. Subject to the provisions of Subsection B,         services are retired, of the revenues and full costs
each provided within a consistent, comprehen-                              when a local government is offering or providing        for a local government to purchase, lease, con-
sive, and nondiscriminatory federal, state, and                            a covered service, any immunity from antitrust          struct, maintain, or operate the facilities neces-
local government framework.                                                law afforded to political subdivisions of the state     sary to provide the proposed covered services.
  (6) To ensure that when a local government pro-                          does not apply to the local government’s actions          (3) For purposes of the financial projections
vides to its inhabitants cable television services,                        associated with the provision of those services.        required under Subparagraph (2)(d), the feasibili-
telecommunications services or advanced servic-                              B. A local government that provides a covered         ty consultant shall assume that the local govern-
es, or any combination thereof, and competes                               service is subject to applicable antitrust liabili-     ment will price the proposed covered services
with private providers whose activities are regu-                          ties, if any, only to the extent permitted under the    consistent with R.S. 45:844.52(4).
lated by the local governmental entity, the local                          federal Local Government Antitrust Act of 1984,           (4) If the results of the feasibility study satisfy
government does not discriminate against the                               15 U.S.C. Secs. 34 to 36.                               the revenue requirement of R.S. 45:844.47(3), the
competing providers of the same services.                                    §844.44. Scope of Chapter                             local governing authority, at the next regular
  (7) To ensure that when a local government pro-                            R.S. 45:844.44 is all new law.                        meeting after the local governing authority
vides to its inhabitants cable television services,                          A. Nothing in this Chapter shall authorize any        receives the results of the feasibility study, shall
telecommunications services or advanced servic-                            local government to:                                    schedule at least two public hearings to be held:
es, or any combination thereof, it will not be pre-                          (1) Provide a covered service.                          (a) Within sixty days of the meeting at which the
cluded from engaging in “bundling” those servic-                             (2) Purchase, lease, construct, maintain, or oper-    public hearings are scheduled.
es or engaging in any other lawful business prac-                          ate a facility for the purpose of providing a cov-        (b) At least seven days apart.
tice that its private-sector competitors are legally                       ered service.                                             (c) For the purpose of allowing the feasibility
permitted to engage in.                                                      B. Nothing in this Chapter shall apply to a local     consultant to present the results of the feasibility
  §844.42. Definitions                                                     government purchasing, leasing, constructing or         study; and the public to become informed about
  R.S. 45:844.42 is all new law.                                           equipping facilities:                                   the feasibility study results; and ask questions of
  As used in this Chapter, the following terms and                           (1) That are designed to provide services within      the feasibility consultant about the results of the
phrases shall have the meanings hereinafter                                the city or parish or both.                             feasibility study.
ascribed to them:                                                            (2) That the local government:                          (5)(a) Except as provided in Subparagraph(5)(c),
  (1) “Advanced service” means high-speed                                    (a) Uses for internal local governmental purpos-      the local government shall publish notice of the
Internet access capability in excess of 144 kilobits                       es.                                                     public hearings required under Paragraph(4) at
per second both upstream and downstream.                                     (b) By written contract, leases, sells capacity in,   least once a week for three consecutive weeks in
  (2) “Cable television service” means:                                    or grants other similar rights to a private provider    a newspaper of general circulation in the city or
  (a) The one-way transmission to subscribers of                           to use the facilities in connection with a private      parish or both.
video programming or other programming serv-                               provider offering a covered service.                      (b) The last publication of notice required
ice.                                                                         §844.45. Severability                                 under Subparagraph(5)(a) shall be at least three
  (b) Subscriber interaction, if any, that is                                R.S. 45:844.45 is all new law.                        days before the first public hearing required
required for the selection or use of the video pro-                          If any provision of this Chapter or the applica-      under Paragraph(4).
gramming or other programming service.                                     tion thereof to any person or circumstance is held        (c)(i) If there is no newspaper of general circula-
  (3) “Capital costs” means all costs of providing a                       invalid, the invalidity does not affect other provi-    tion in the city or parish, for each one thousand
service that are capitalized in accordance with                            sions or the application of this Chapter that can       residents, the local government shall post at least
generally accepted accounting principles.                                  be given effect without the invalid provision or        one notice of the hearings in a conspicuous place
  (4) “Commercially sensitive marketing informa-                           application, and to this end the provisions of this     within the city or parish or both that is likely to
tion” means marketing plans or strategies, cus-                            Chapter are severable.                                  give notice of the hearings to the greatest number
tomer lists, and trade secrets pursuant to R.S.                              §844.46. Limitations on providing a cable televi-     of residents of the city or parish.
51:1431.                                                                   sion and telecommunications and advanced serv-            (ii) The local government shall post the notices
  (5) “Cost allocation plan” means a formally                              ices                                                    at least seven days before the first public hearing
adopted procedure for allocating direct and indi-                            R.S. 45:844.46 is all new law.                        required under Paragraph (4) is held.
rect costs, which is developed in accordance with                            A. Except as provided in this Chapter, a local          (6) A local government that has existing notice
rules and regulations promulgated by the                                   government may not:                                     and hearing procedures under a home rule char-
Louisiana Public Service Commission.                                         (1) Provide to one or more subscribers a covered      ter for considering and approving capital projects
  (6) “Covered services” means telecommunica-                              service.                                                for local government to construct and operate
tions services, advanced services and cable tele-                            (2) For the purpose of providing a covered serv-      facilities for the provision of covered services
vision services, individually and collectively, and                        ice to one or more subscribers, purchase, lease,        shall be permitted to use those notice and hearing
regardless of the technology used to provide those                         construct, maintain, or operate any facility.           procedures in lieu of the notice and hearing pro-
services, unless otherwise specified in this act.                            B. For purposes of this Chapter, a local govern-      cedures set forth in R.S. 45:844.48, provided that
  (7) “Cross subsidize” means to pay a cost includ-                        ment provides a covered service if the local gov-       the notice and hearing procedures contain
ed in the direct costs or indirect costs of providing                      ernment provides the service:                           requirements that are substantially similar to
a covered service that is not accounted for in the                           (1) Directly or indirectly, including through an      those set forth herein.
full cost of accounting of providing the service,                          authority or instrumentality acting on behalf of          (7) Nothing in this Section shall be construed to
other than the payment of Start-up costs.                                  the local government; or for the benefit of the         require inclusion in the feasibility study required
  (8) “Direct costs” means those expenses of a                             local government.                                       herein, or disclosure of, commercially sensitive
local government that:                                                       (2) By itself.                                        marketing information.
  (a) Are directly attributable to providing a cov-                          (3) Through a partnership or joint venture.             §844.49. Referendum
ered service.                                                                (4) By contract, resale, or otherwise.                  R.S. 45:844.49 is all new law.
  (b) Would be eliminated if the service described                           §844.47. Requirements prior to local governmen-         A. A local governing authority by a majority vote
in Subsection (8)(a) were not provided by the local                        tal entity providing cable television or telecom-       may call an election on whether or not the local
government.                                                                munications or advanced services                        government shall provide the proposed covered
  (9) “Enterprise fund” means a separate fund to                             R.S. 45:844.47 is all new law.                        services.
account for the local government’s operations of                             Prior to a local government engaging or offering        B. If the local governing authority calls an elec-
covered services, established and maintained in                            to engage in an activity described in this Chapter,     tion, the election shall be held:
accordance with generally accepted accounting                              the local governing authority shall:                      (1)(a) At the next local government general elec-
principles as described by the Governmental                                  (1) Hold a preliminary public hearing.                tion; or
Accounting Standards Board (GASB).                                           (2) If the local governing authority elects to pro-     (b) As provided in Title 18 of the Louisiana
  (10) “Examination” means an attestation per-                             ceed after holding the preliminary public hearing       Revised Statutes of 1950 at a local special elec-
formed for the purpose of expressing an opinion                            required by this Section, approve the hiring of a       tion, the purpose of which is authorized by this
on an assertion that is the responsibility of anoth-                       feasibility consultant to conduct a feasibility         Section.
er party in accordance with “Statements on                                 study in accordance with R.S. 45:844.48.                  (2) In accordance with Title 18 of the Louisiana
Standards for Attestation Engagements” pub-                                  (3) Determine when under the feasibility study        Revised Statutes of 1950 except as provided in
lished by the American Institute of Certified                              conducted under R.S. 45:844.48, the annual rev-         this Section.
Public Accountants.                                                        enues under R.S. 45:844.48(2)(d) exceed the annu-         C. The notice of the election shall include with
  (11) “Feasibility consultant” means an individ-                          al costs under R.S. 45:844.48(2)(d) by at least the     any other information required by law:
ual or entity with expertise in the processes and                          amount necessary to meet the bond obligations of          (1) A summary of the covered services that the
economics of providing covered services.                                   any bonds issued to fund the proposed covered           local governing authority proposes to provide to
  (12) “Full costs” means all capital costs, direct                        service.                                                subscribers residing within the boundaries of the
costs and indirect costs.                                                    (4) If the conditions of Paragraph (3) of this        local government.
  (13)(a) “Full-cost accounting” means the                                 Section are met, hold the public hearings                 (2) The feasibility study summary under R.S.
accounting of all costs incurred by a local govern-                        required by R.S. 45:844.48.                             45:844.48.
ment in providing a covered service.                                         (5) After holding the public hearings required          (3) A statement that a full copy of the feasibility
  (b) The costs included in a full-cost accounting                         by R.S. 45:844.48, if the local governing authority     study is available for inspection and copying.
include all capital costs, direct costs and indirect                       elects to proceed, adopt by resolution the feasi-         (4) The location in the city or parish or both
costs.                                                                     bility study.                                           where the feasibility study may be inspected or
  (14)(a) “Indirect costs” means any costs:                                  §844.48. Feasibility study; public hearings           copied.
  (i) Identified with two or more services or other                          R.S. 45:844.48 is all new law.                          D. The ballot at the election shall pose the ques-
functions.                                                                   (1) If a feasibility consultant is hired under R.S.   tion substantially as follows:
  (ii) That are not directly identified with a single                      45:844.48, the local governing authority shall            ‘Shall the [name of the local government] be
service or function.                                                       require the feasibility consultant to:                  authorized to provide [cable television service or
  (b) “Indirect costs” may include cost factors for                          (a) Complete the feasibility study in accordance      telecommunications or advanced service].’
administration, accounting, personnel, purchas-                            with this Section.                                        E. The ballot proposition may not take effect
ing, legal support, and other staff or departmental                          (b) Submit to the local governing authority by no     until submitted to the electors and approved by
support.                                                                   later than one hundred-eighty days from the date        the majority of those voting on the ballot.
  (15) “Local governing authority” means the leg-                          the feasibility consultant is hired to conduct the        F. A local governing authority that has existing
islative body of a local government.                                       feasibility study:                                      procedures on whether, when, and how to conduct
  (16) “Local government” means any parish,                                  (i) The full written results of the feasibility       referenda shall utilize those procedures in lieu of
municipality, or other political subdivision of the                        study.                                                  the procedures set forth in R.S. 45:844.49, provid-
state and any utility authority, board, branch,                              (ii) A summary of the results that is no longer       ed that the procedures for conducting referenda
department or other unit thereof.                                          than one page in length.                                contain notice and hearing requirements that are
  (17) “Private provider” means a person that:                               (c) Attend the public hearings described in           substantially similar to those set forth herein.
  (a) Provides a covered service.                                          Paragraph (4) of this Section to:                         G. In the event the local governing authority
  (b) Is a private entity.                                                   (i) Present the feasibility study results.            does not have existing procedures on whether,
  (18) “Start-up costs” means those costs reason-                            (ii) Respond to questions from the public.            when, and how to conduct referenda, it shall uti-


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                        THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
lize the following procedures:                                               (b) In an election a majority vote cast on the        revenues from the provision of the covered serv-
  (1) Upon the valid petition of not less than fif-                        proposition shall determine that issue for the          ices.
teen percent of or ten thousand, whichever is less-                        local government that has called the election.            (c) May bundle one or more covered services
er, of the qualified electors of a local government,                         (9) The election called shall be governed by the      and offer promotional discounts or engage in
submitted to the registrar of voters for verifica-                         Louisiana Election Code, R.S. 18:401, et seq.           other business practices on the same terms and
tion within one hundred eighty days of submis-                               (10) If the petition fails to substantially comply    conditions as federal and state law, including
sion of the feasibility study to the local governing                       with the requirements provided for by law or if         applicable rules of the Louisiana Public Service
authority, the local governing authority shall                             the other requirements specified by the law for         Commission, permit similarly situated private
order a referendum election to be held to deter-                           the calling or conduct of the election are not sub-     providers to bundle covered services; provided,
mine whether or not the local government may                               stantially complied with, the election is illegal       however, that the local government shall estab-
offer or provide covered services.                                         and ineffective and may be declared null and void       lish its prices for covered services at levels that
  (2)(a) Any qualified elector desiring a referen-                         by any court of competent jurisdiction at the suit      will, in the aggregate, over the useful life of the
dum election shall sign a petition addressed to                            of any elector who was qualified to vote in the         facilities used to provide such services, recover
the local governing authority of the local govern-                         election. This suit shall be brought within thirty      the sum of:
ment in which he resides, and in substantially the                         days of the promulgation of the results of the elec-      (i) The actual direct costs of providing the serv-
following form:                                                            tion.                                                   ice.
                      ‘PETITION                                              (11) The local governing authority calling the          (ii) The actual indirect costs of providing the
  TO: [Name of local government]                                           election shall promulgate the result by resolution      service.
  The undersigned qualified electors respectfully                          or ordinance adopted at its first regular meeting         (iii)    The     amount     determined       under
request that you call an election to submit, in the                        after the election and shall publish it in the offi-    Subparagraph (4)(a); provided further that the
manner provided by law, to the qualified electors                          cial journal of the parish.                             local government’s useful life of the facilities
of [name of local government] the following                                  §844.50. Enterprise funds for cable television or     shall be substantially similar to the average life
proposition:                                                               telecommunications or advanced services                 of the facilities used by private providers to pro-
  Shall the [name of the local government] be                                R.S. 45:844.50 is all new law.                        vide covered services. Nothing in Subsection
authorized to offer or provide cable television,                             A. A local government that provides one or more       (4)(c) shall authorize local governments to engage
telecommunications, or advanced services?                                  covered services under this Chapter:                    in cross-subsidizations prohibited by this Chapter
  Signature:_______________________________                                  (1) Shall establish a single enterprise fund enti-    or other pricing in violation of federal or state
  Address: _______________________________                                 tled the “communications services enterprise            law, including rules of the Louisiana Public
  Date:_______________________________’                                    fund” to account for the local government’s oper-       Service Commission.
  (b) Where signatures are made on more than one                           ations of covered services.                               (5) A local government that provides covered
sheet, each sheet of the petition shall reproduce                            (2) Shall adopt operating and capital budgets for     services shall keep separate and accurate books
above the signatures in the same manner as is on                           the local government’s covered services.                and records of the local government’s covered
the first sheet. Each petitioner shall sign his                              (3) Except as provided in R.S. 45:844.51(C)(2), or    services, and they shall be made available for
name in his own handwriting and shall write his                            subject to rules established under to R.S.              audits of such books and records as set forth in
address and the date on which he signed, other-                            45:844.54(D), may not transfer any appropriation        R.S. 45:844.54(D).
wise his signature shall be null and void. If an                           or other balance in any other enterprise fund             §844.53. Eminent domain
elector cannot sign his name because of age or                             established by the local government to any enter-         R.S. 45:844.53 is all new law.
physical condition, he may have his name and                               prise fund established by the local government            A. Subject to the applicable provisions of the
address and the date written by another and shall                          under this Section.                                     Louisiana Constitution, a local government may
affix his ordinary “X” mark in the presence of two                           B. The restrictions on transfers described in         not exercise its power of eminent domain to con-
competent electors, who shall sign their names as                          Paragraph (A)(3) do not apply to transfers made by      demn plant, equipment, or real property of a pri-
witnesses to the mark.                                                     a local government between other enterprise             vate provider for the purpose of providing to a
  (3) The petition shall be filed with the registrar                       funds established by the local government.              subscriber a covered service.
of voters within ninety days after the date on                               §844.51. Bonding authority                              B. Nothing contained in Subsection A above
which the first signature was affixed. The peti-                             R.S. 45:844.51 is all new law.                        shall be construed or applied in any manner to
tion, when so filed, becomes a public record and                             A. The local governing authority may by resolu-       preclude a local government from exercising its
cannot be returned to the proponents or signers                            tion determine to issue one or more bonds to            power of eminent domain for any other lawful
thereof.                                                                   finance the capital costs for facilities necessary to   purpose other than for the purpose proscribed in
  (4) The registrar of voters shall check the peti-                        provide to subscribers one or more covered serv-        R.S. 45:844.53(A).
tion and attach thereto his sworn verification                             ices.                                                     §844.54. Enforcement and appeal
showing:                                                                     B. The resolution shall:                                R.S. 45:844.54 is all new law.
  (a) The date the petition was filed.                                       (1) Describe the purpose for which the indebt-          A. Before a person that is or is likely to have a
  (b) The date of the first signature of the petition.                     edness is to be created.                                substantial interest affected by a local govern-
  (c) The number of qualified electors of the                                (2) Specify the dollar amount of the one or more      ment’s violation of this Chapter may file an action
parish or municipality on the registration rolls as                        bonds proposed to be issued.                            in district court for violation of this Chapter, that
of the date of the first signature on the petition,                          C.(1) A bond issued under this Section shall be       person shall file a written complaint with the
which date shall be used by the registrar in ascer-                        secured and paid for solely from the revenues           local government in accordance with this Section.
taining if the petition contains the required num-                         generated by the local government from provid-            B.(1) A local government that provides a covered
ber of signatures.                                                         ing the covered services.                               service shall enact an ordinance establishing a
  (d) That he has checked each signature for its                             (2) A local government may not pay the origina-       procedure for the filing and resolution of com-
genuineness by comparing the signature on the                              tion, financing, or other carrying costs associated     plaints relating to the local government providing
petition with the signature of the same person on                          with the one or more bonds issued under this            a covered service.
the registration rolls.                                                    Section from the general funds or other enter-            (2) The procedure shall:
  (e) The total number of genuine signatures of                            prise funds of the local government. Nothing in           (a) Permit any person described in this Section
qualified electors on the petition.                                        this Section shall preclude a local government          to file a complaint including:
  (f) The number of signatures not genuine, or not                         from using the general funds or other enterprise          (i) An individual subscriber.
signed and written in the manner required by R.S.                          funds to advance funds for the feasibility study          (ii) A private provider that competes with the
45:844.49(G)(2).                                                           prescribed under R.S. 45:844.48 or for start-up         local government in the geographic boundaries of
  (5) Within thirty days, excluding Saturdays,                             costs for the proposed venture, provided that any       the local government.
Sundays, and holidays, from the date the petition                          such funds advanced are repaid by the enterprise          (b) Establish an expedited process that requires
was filed with the registrar of voters, the registrar                      fund established under this R.S. 45:844.50 at inter-    within forty-five days after the date the complaint
shall file a true copy of the sworn verification                           est rates and on terms and conditions available to      is filed:
required in Paragraph (4) of this Subsection with                          private enterprises in the open market.                   (i) That a hearing be held, unless the parties to
the local governing authority charged with the                               (3) Nothing in this Act shall preclude a local gov-   the proceeding waive the requirement of a hear-
duty of calling the election.                                              ernment that owns and operates electric, water,         ing.
  (6) Any person whose signature appears on a                              gas, sewer and other utilities from pledging the          (ii) The issuance of a final decision.
local option petition and who alleges that such                            resources of such utilities to obtain the best avail-     (c) Provide that failure to render a decision
signature is not genuine is hereby authorized to                           able interest rates, terms and conditions for the       within the time allotted shall be treated as an
execute and file with the registrar of voters, a                           bonds necessary to finance the facilities used to       adverse decision for purposes of appeal.
sworn affidavit, attesting that the affiant did not                        provide the proposed covered services.                    C. Appeal of an adverse decision from the local
sign the petition. The registrar of voters, when                             (4) Nothing under this Section provides a local       government may be taken to the district court for
checking the signatures for genuineness, shall                             governing authority bonding authority in addition       a de novo proceeding.
take the affidavit into consideration, but in no                           to that provided under existing state law.                D. The Louisiana Public Service Commission
instance shall he certify the signature not to be                            §844.52. General operating limitations                shall, in accordance with its normal rulemaking
genuine, unless the comparison of the signatures                             R.S. 45:844.52 is all new law.                        procedures, adopt rules to define and govern
indicates that the signature is indeed not gen-                              (1) A local government that provides a covered        equitable cost allocation, as well as safeguards to
uine. Affidavits executed pursuant to this                                 service under this Chapter is subject to all appli-     govern affiliate or inter-company transactions for
Subsection shall be subject to the perjury provi-                          cable provisions of local, state and federal law,       purposes of application of R.S. 45:844.52(2). Rules
sions of Title 14 of the Louisiana Revised                                 including applicable rules of the Louisiana             adopted by the Louisiana Public Service
Statutes.                                                                  Public Service Commission.                              Commission under authority of this Subsection D
  (7)(a) The clerk of the local governing authority                          (2) A local government may not cross-subsidize        are hereinafter referred to as “cost allocation and
with whom the petition is filed by the registrar of                        its covered services with tax dollars, income from      affiliate transaction rules.” Cost allocation and
voters shall attach to the petition its sworn verifi-                      other local government or utility services, below-      affiliate transaction rules shall not be adopted or
cation showing the date, month, and year the peti-                         market rate loans from the local government or          enforced which are inconsistent with any provi-
tion was filed with it.                                                    any other means.                                        sion of this Chapter, including, but not limited to
  (b) If the petition conforms to all the provisions                         (3)(a) A local government may not make or grant       R.S. 45:844.42(7) and R.S. 45:844.51(C)(3). Cost allo-
of R.S. 45:844.49(G), the local governing authority                        any undue or unreasonable preference or advan-          cation and affiliate transaction rules shall pro-
shall order the election. The ordinance or resolu-                         tage to itself or to any private provider of covered    vide for the protection of commercially sensitive
tion of the local governing authority ordering the                         services.                                               marketing information disclosed by local govern-
election shall be adopted at a regular meeting                               (b) A local government shall apply without dis-       ment for purposes of this Subsection D, and such
held not less than thirty nor more than forty-five                         crimination as to itself and to any private             protection may include, but need not be limited
days after the date the petition was filed with the                        provider the local government’s ordinances,             to, the submission of commercially sensitive mar-
local governing authority by the registrar of vot-                         rules, and policies, including those relating to        keting information under seal with limitations
ers.                                                                       obligation to serve, access to public rights of way,    upon access to such information. Commercially
  (c) The local governing authority shall remove                           permitting, performance bonding, reporting, and         sensitive marketing information disclosed by
the name of any signer of the petition if requested                        quality of service.                                     local government for purposes of this Subsection
to do so in writing within thirty days after the date                        (4) In calculating the rates charged by a local       D shall not be a public record. Compliance with
the petition was filed with it. If the number of                           government for a covered service, the local gov-        cost allocation and affiliate transaction rules
written requests for withdrawal from the petition                          ernment:                                                shall constitute per se compliance with R.S.
reduces the number of qualified petitioners to                               (a) Shall include within its rates an amount          45:844.52(2).
less than the number required by R.S.                                      equal to all taxes, fees, and other assessments           (1) For covered services within the jurisdiction
45:844.49(G)(1) the election shall not be ordered                          that would be applicable to a similarly situated        of the Louisiana Public Service Commission,
and the petition shall be null and void and cannot                         private provider of the same services, including:       enforcement of cost allocation and affiliate trans-
be used again.                                                               (i) Federal, state, and local taxes; provided that,   action rules shall be by the Louisiana Public
  (d) The date fixed for the election shall be not                         for income taxes, the imputed rate shall be the         Service Commission.
less than forty-five nor more than sixty days after                        lowest rate that any private provider of covered          (2) For covered services which are not within
the date of the adoption of the ordinance or reso-                         service actually pays for the year prior to the year    the jurisdiction of the Louisiana Public Service
lution ordering the election.                                              at issue, as the Louisiana Public Service               Commission, enforcement of cost allocation and
  (8)(a) When such election has been ordered the                           Commission determines from data available to it,        affiliate transaction rules shall be in accordance
following propositions requested to be submitted                           or zero percent, whichever is higher.                   with the following procedure:
on the approved and verified petition required by                            (ii) Franchise fees.                                    (a) A local government which provides covered
this Chapter, and no others shall be plainly print-                          (iii) Permit fees.                                    services shall annually engage a certified public
ed upon a special ballot to be used for the elec-                            (iv) Pole attachment fees.                            accountant selected from a list of auditors or
tion, otherwise the election shall be null and void:                         (v) Fees similar to those described in                accountants approved by the legislative auditor
  ‘Shall the [name of local government] be author-                         Subparagraphs (4)(a)(i) through (iv).                   for an annual examination of compliance with the
ized to provide [cable television service or                                 (b) Shall receive a credit for all payments in lieu   cost allocation and affiliate transaction rules as
telecommunications or advanced service].’                                  of taxes that it pays to the local government on        they pertain to covered services which are not


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                         THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
within the jurisdiction of the Louisiana Public                              multi-line phone systems to provide automatic         A true copy:
Service Commission. The certified public                                     location information; and to provide for related       W. Fox McKeithen
accountant engaged under authority of this                                   matters.                                                 Secretary of State
Subsection D(2)(a) is hereinafter referred to as                           Be it enacted by the Legislature of Louisiana:                        ————————
the “auditor.”                                                               Section 1. R.S. 33:9110 is hereby enacted to read
  (b) The auditor shall render a preliminary                               as follows:                                                                  ACT No. 739
report of examination findings (“preliminary                                 §9110. Multi-line telephone systems                                           ———
report”) within ninety days of engagement which                              R.S. 33:9110 is all new law.                                           HOUSE BILL NO. 19
shall be released to the local government at an                              A. As used in this Section, the following words               BY REPRESENTATIVE SHEPHERD
open meeting of the local governing authority and                          and terms shall have the following meanings:                                   AN ACT
made available for public inspection thereafter                              (1) “District” means a communication district         To amend and reenact Code of Criminal
in accordance with the provisions of the                                   created pursuant to R.S. 33:9101 or pursuant to or        Procedure Article 814(A)(3), relative to criminal
Louisiana Public Records Law. The clerk of the                             by any local or special Act except a district that is     verdicts; to add the crime of negligent homicide
local governing authority shall be the custodian                           governed by the provisions of Part II of this             as a responsive verdict to the crime of second
of the auditor’s preliminary report.                                       Chapter unless otherwise provided by law.                 degree murder; and to provide for related mat-
  (c) For sixty days after release of the prelimi-                           (2) “Automatic location identification” or “ALI”        ters.
nary report, any interested person, group of per-                          means the automatic display at the Public Safety        Be it enacted by the Legislature of Louisiana:
sons, or other entity shall have the right to submit                       Answering Point (PSAP) of the caller’s telephone          Section 1. Code of Criminal Procedure Article
written comments upon the preliminary report                               number, the address or location of the telephone,       814(A)(3) is hereby amended and reenacted to
(“public comments”) to the clerk of the local gov-                         and the supplementary emergency services infor-         read as follows:
erning authority, who shall become the custodian                           mation.                                                   Art. 814. Responsive verdicts; in particular
of such public comments.                                                     (3) “Automatic location identification retrieval”       A. The only responsive verdicts which may be
  (d) Upon the lapse of sixty days after release of                        or “ALI retrieval” means the process of querying        rendered when the indictment charges the fol-
the preliminary report, the clerk of the local gov-                        the 9-1-1 database for all ALI records.                 lowing offenses are:
erning authority shall submit the preliminary                                (4) “Automatic number identification or “ANI”                              *    *  *
report and all public comments submitted within                            means the telephone number associated with the            3. Second Degree Murder:
the sixty-day comment period to the auditor and                            access line from which a call originates.                 Guilty.
to the legislative auditor.                                                  (5) “Private branch exchange” or “PBX” means            Guilty of manslaughter.
  (e) Not later than thirty days after receipt of the                      a private telephone system that is connected to           Guilty of negligent homicide.
preliminary report and public comments, if any,                            the Public Switched Telephone Network (PSTN).             Not guilty.
from the clerk of the local governing authority,                             (6) “Private switch ALI” or “PSA” means a serv-                            *    *  *
the legislative auditor, in consultation with the                          ice option that provides enhanced 9-1-1 features          Approved by the Governor, July 6, 2004.
auditor, shall review the preliminary report and                           for telephone stations behind private branch            A true copy:
the public comments, if any, and make a final                              exchanges.                                                W. Fox McKeithen
determination of compliance with the cost alloca-                            B. Each private branch exchange (PBX) system              Secretary of State
tion and affiliate transaction rules as they pertain                       installed after January 1, 2005, must be capable of                     ————————
to covered services which are not within the juris-                        providing automatic location identification (ALI)
diction of the Louisiana Public Service                                    to the station level.                                                        ACT No. 740
Commission. If the legislative auditor determines                            Approved by the Governor, July 6, 2004.                                      ———
that the local government is in compliance with                            A true copy:                                                            HOUSE BILL NO. 20
the cost allocation and affiliate transaction rules,                         W. Fox McKeithen                                      BY REPRESENTATIVES SHEPHERD, ALARIO,
such determination shall be in the form of a cer-                              Secretary of State                                    ANSARDI, ARNOLD, BADON, BALDONE,
tificate of compliance signed by the legislative                                            ————————                                 BAUDOIN, BAYLOR, BROOME, BRUCE, BUR-
auditor and issued to the local government. If the                                                                                   RELL, K. CARTER, R. CARTER, CAZAYOUX,
legislative auditor determines that the local gov-                                                ACT No. 738                        CROWE, CURTIS, DANIEL, DARTEZ, DOERGE,
ernment is not in compliance with the cost alloca-                                                  ———                              DORSEY, DURAND, FAUCHEUX, FRITH,
tion and affiliate transaction rules, such determi-                                        SENATE BILL NO. 879                       GALLOT, GLOVER, GRAY, E. GUILLORY, M.
nation shall be in the form of a final report signed                             (Substitute for Senate Bill 867 by Senator          GUILLORY,       HEATON,        HEBERT,      HILL,
by the legislative auditor and issued to the local                                                  Irons)                           HONEY, HUDSON, HUNTER, JACKSON, JEF-
government, specifying the portions of the rules                           BY SENATOR JONES AND REPRESENTATIVES                      FERSON, JOHNS, LAFLEUR, MARCHAND,
relied upon for the determination of noncompli-                              ALEXANDER, BADON, DOWNS, FANNIN,                        MCDONALD, MONTGOMERY, MORRELL,
ance and the reasons for such determination.                                 FUTRELL, HONEY, KENNEY, M. POWELL,                      MURRAY, ODINET, PIERRE, PINAC, PITRE, T.
  (f) Any interested person may seek judicial                                RITCHIE AND JANE SMITH                                  POWELL, QUEZAIRE, RICHMOND, RITCHIE,
review of a determination of compliance or non-                                                     AN ACT                           ROMERO, SALTER, JACK SMITH, JOHN
compliance made by the legislative auditor under                           To enact R.S. 17:427.4, relative to public schools        SMITH, ST. GERMAIN, THOMPSON, WALKER,
Subsection (2)(e) of this Subsection D. Such judi-                           and school children; to benefit schools and chil-       AND WINSTON AND SENATORS ADLEY,
cial review shall be sought within sixty days of the                         dren by encouraging the availability of quali-          BAJOIE, BOISSIERE, CRAVINS, DUPLESSIS,
date of issuance of a certificate of compliance or                           fied teachers; to provide for a program designed        IRONS, JACKSON, AMEDEE, FIELDS, HOLD-
a final report by the legislative auditor. The local                         to provide incentives for qualified teachers to         EN, JONES, AND MARIONNEAUX
government shall be made defendant, and venue                                locate and work in disadvantaged areas; to                                   AN ACT
of a suit for judicial review shall lie exclusively in                       authorize the development and establishment           To amend and reenact R.S. 1:55(B)(1)(a) and (2),
the parish of domicile of the local government. In                           of a teachers’ homebuyer program for certain            relative to legal holidays observed by the
any suit for judicial review, the review shall be                            certified teachers; to establish an advisory            departments of the state; to provide that Dr.
conducted by the court without a jury and shall be                           panel to develop such program; to provide for           Martin Luther King, Jr.’s birthday shall be a
confined to the record of the prior proceedings                              program approval; to authorize the state treas-         state legal holiday; and to provide for related
before the auditor and the legislative auditor,                              urer to administer the program; and to provide          matters.
including the preliminary report and supporting                              for related matters.                                  Be it enacted by the Legislature of Louisiana:
documentation, if any, the certificate of compli-                          Be it enacted by the Legislature of Louisiana:            Section 1. R.S. 1:55(B)(1)(a) and (2) are hereby
ance and supporting documentation, if any, the                               Section 1. R.S. 17:427.4 is hereby enacted to read    amended and reenacted to read as follows:
final report and supporting documentation, if                              as follows:                                               §55. Days of public rest, legal holidays, and half-
any, and the public comments, if any. The chal-                              §427.4. Teachers’ homebuyer program; authori-         holidays
lenged certificate of compliance or final report of                        zation; advisory panel                                                       *    *    *
the legislative auditor shall be presumed valid                              R.S. 17:427.4 is all new law.                           B. Legal holidays shall be observed by the
and correct, and the standard of review shall be                             A. The purpose of this Section is to provide          departments of the state as follows:
confined to the issue of whether the legislative                           incentives for qualified classroom teachers to            (1)(a) Insofar as may be practicable in the
auditor acted arbitrarily and capriciously in the                          locate and teach in disadvantaged and under-            administration of the government, no employee
issuance of the challenged certificate of compli-                          served geographical areas of the state by encour-       shall work on New Year’s Day, Dr. Martin Luther
ance or final report. The burden of proof shall be                         aging and increasing the availability of such           King, Jr.’s Birthday which shall be observed on
upon the challenger of the certificate of compli-                          teachers for the benefit of children in elementary      the third Monday of January of each year or in
ance or final report, and a reviewing court may                            and secondary schools.                                  conjunction with the day of the federal obser-
not substitute its judgment for that of the legisla-                         B.(1) The Louisiana Teachers’ Homebuyer               vance,    Mardi    Gras      Day,   Good     Friday,
tive auditor. If the court sustains or upholds the                         Program is hereby established as a special home         Independence Day, Labor Day, Veterans’ Day,
challenged certificate of compliance or final                              loan program for any eligible teacher who agrees        Thanksgiving Day, Christmas Day, Inauguration
report, the court may in its discretion assess costs                       to work in a poor performing school located in a        Day once in every four years in the city of Baton
and reasonable attorney’s fees of the prevailing                           disadvantaged area, including but not limited to        Rouge, or General Election Day every two years.
party against the losing party.                                            the delta region of the state. The advisory panel                            *    *    *
  (g) In conducting any part of the compliance                             established pursuant to Subsection D of this              (2) Dr. Martin Luther King, Jr.’s Birthday,
audit authorized by this Subsection D(2), the audi-                        Section shall identify disadvantaged areas in the       Robert E. Lee Day, Washington’s Birthday,
tor and/or the legislative auditor may seek,                               state. The state Department of Education shall          National Memorial Day, Confederate Memorial
request, obtain, and/or utilize, and the Louisiana                         identify poor performing schools.                       Day, and Huey P. Long Day shall be observed only
Public Service Commission may provide, such                                  (2) For the purpose of eligibility for the program    in such manner as the governor may proclaim,
advisory or technical assistance as the auditor                            established in this Section, “eligible teacher”         considering the pressure of the state’s business;
and/or the legislative auditor may deem neces-                             means an individual who holds a valid Louisiana         provided, however, that not more than two such
sary, convenient, or desirable. The absence of                             teaching certificate issued by the state                legal holidays shall be proclaimed in any one
advisory or technical assistance from the                                  Department of Education.                                year, one of which shall be National Memorial
Louisiana Public Service Commission, or the fail-                            C. The state treasurer is hereby authorized to        Day. The governor shall call as a state holiday at
ure or refusal of the auditor and/or the legislative                       administer the program as developed and                 least once every two years the birthday of Dr.
auditor to seek, request, obtain, or utilize such                          approved pursuant to Subsection D of this Section       Martin Luther King, Jr.
advisory or technical assistance, shall not invali-                        in conjunction with the Federal National                                     *    *    *
date a certificate of compliance or final report                           Mortgage Association (Fannie Mae). The treasur-           Approved by the Governor, July 6, 2004.
and shall not constitute arbitrary or capricious                           er may contract or enter into any agreement with        A true copy:
conduct on the part of the auditor or the legisla-                         one or more public or private entities to provide         W. Fox McKeithen
tive auditor.                                                              assistance in implementing and administering                Secretary of State
  Section 2. This Act shall become effective upon                          the program. The treasurer shall adopt any rules                        ————————
signature by the governor or, if not signed by the                         or regulations necessary for the implementation
governor, upon expiration of the time for bills to                         and administration of the program.                                           ACT No. 741
become law without signature by the governor, as                             D.(1) An advisory panel shall be established to                               ———
provided by Article III, Section 18 of the                                 develop the program as established in this                              HOUSE BILL NO. 108
Constitution of Louisiana. If vetoed by the gover-                         Section.                                                       BY REPRESENTATIVE FAUCHEUX
nor and subsequently approved by the legisla-                                (2) The panel shall consist of the following mem-                            AN ACT
ture, this Act shall become effective on the day                           bers:                                                   To amend and reenact Code of Civil Procedure
following such approval.                                                     (a) The state treasurer.                                Article 2412(A), relative to garnishments; to pro-
  Approved by the Governor, July 6, 2004.                                    (b) One person appointed by the governor.               vide for notice of garnishment to the judgment
A true copy:                                                                 (c) One person appointed by the president of the        debtor; and to provide for related matters.
  W. Fox McKeithen                                                         Senate.                                                 Be it enacted by the Legislature of Louisiana:
    Secretary of State                                                       (d) One person appointed by the speaker of the          Section 1. Code of Civil Procedure Article
                 ————————                                                  House of Representatives.                               2412(A) is hereby amended and reenacted to read
                                                                             (e) One person with knowledge of teacher              as follows:
                    ACT No. 737                                            recruitment and retention programs and issues             Art. 2412. Method of service; delay for answering
                      ———                                                  appointed by the state superintendent of educa-           A.(1) The sheriff shall serve upon the garnishee
               SENATE BILL NO. 878                                         tion.                                                   the citation and a copy of the petition and of the
  (Substitute for Senate Bill No. 705 by Senator                             (3) The program developed pursuant to                 interrogatories, together with a notice that a
                     Jackson)                                              Paragraph (1) of this Subsection shall be submit-       seizure is thereby effected against any property of
             BY SENATOR JACKSON                                            ted to and approved by the governor prior to            or indebtedness to the judgment debtor,.
                      AN ACT                                               implementation and administration by the state            (2) The judgment creditor shall send to the judg-
To enact R.S. 33:9110, relative to communication                           treasurer.                                              ment debtor written notice of the filing of the gar-
 districts; to provide for definitions; to require                           Approved by the Governor, July 6, 2004.               nishment petition by mail or electronic means.


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                        THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
However, the notice provided to the judgment                               benefit of either party or for the benefit of both      in corresponding provisions of other civil codes
debtor shall have no effect on the validity of the                         parties.                                                are these:
seizure.                                                                     (c) This Article does not state to whom the thing       (1) The borrower must bear the expenses that
                    *   *   *                                              is returned because that matter is determined           are incidental to the use of the thing. For exam-
  Approved by the Governor, July 6, 2004.                                  either by the contract or under the general law of      ple, the borrower must pay expenses for the trans-
A true copy:                                                               obligations.                                            portation of the thing lent or for its storage and
  W. Fox McKeithen                                                           Art. 2892. Applicability of the rules governing       safekeeping. He may not claim reimbursement
   Secretary of State                                                      obligations                                             from the lender for such expenses. La. C.C. Art.
               ————————                                                      In all matters for which no special provision is      2904; French C.C. Art. 1886; Quebec C.C. Art.
                                                                           made in this Title, the contract of loan for use is     2320(2); Italian C.C. Art. 1808(1).
                     ACT No. 742                                           governed by the Titles of “Obligations in General”        (2) The borrower may under certain circum-
                        ———                                                and “Conventional Obligations or Contracts”.            stances claim from the lender reimbursement for
                HOUSE BILL NO. 109                                                       Revision Comments — 2004                  expenses incurred for the preservation of the
BY REPRESENTATIVE BAUDOIN AND SENA-                                          (a) This Article is new. It is based on Civil Code    thing lent. According to Article 2908 of the
  TORS CHAISSON, MARIONNEAUX, AND                                          Articles 2438 (Rev. 1993) and 2990 (Rev. 1997).         Louisiana Civil Code of 1870, the borrower may
  SCHEDLER                                                                   (b) Article 2897 of the Louisiana Civil Code of       claim from the lender reimbursement for
                        AN ACT                                             1870 has not been reproduced because the heri-          “extraordinary” expenses needed for the “preser-
To amend and reenact R.S. 32:190(A), relative to                           tability of obligations is governed by Civil Code       vation” of the thing lent that were “necessary”
  motorcycles; to require any person who oper-                             Article 1765 (Rev. 1984). Further, Article 2903 of      and so “urgent” that he could not give notice to
  ates or rides upon a motorcycle, motor-driven                            the Louisiana Civil Code of 1870 has not been           the lender before incurring the expenses.
  cycle, or motorized bicycle to wear a safety hel-                        reproduced because compensation is governed by            It follows that the borrower may “not” claim
  met; and to provide for related matters.                                 Civil Code Article 1894 (Rev. 1984).                    reimbursement: for ordinary expenses, even if
Be it enacted by the Legislature of Louisiana:                               Art. 2893. Things that may be lent                    needed for the preservation of the thing lent; or
  Section 1. R.S. 32:190(A) is hereby amended and                            Any nonconsumable thing that is susceptible of        for extraordinary expenses needed for the preser-
reenacted to read as follows:                                              ownership may be the object of a loan for use.          vation of the thing lent, unless they were neces-
  §190. Safety helmets                                                                   Revision Comment — 2004                   sary and so urgent that there was not time to com-
  A.(1) No person under the age of eighteen years                            This Article reproduces the substance of Article      municate with the lender.
shall operate or ride upon any motorcycle, motor                           2896 of the Louisiana Civil Code of 1870. It accords      (c) The words “necessary expenses” are found in
driven motor-driven cycle, or motorized bicycle                            with C.C. Art. 2448 (Rev. 1993) governing sales. For    several articles of the Civil Code. See, e.g., La. C.C.
unless the person is equipped with and is wearing                          things      susceptible      of   ownership,      see   Arts. 527 (Rev. 1979), 806 (Rev. 1990), 1257, 1259,
on the head a safety helmet of the type and design                         Yiannopoulos, Civil Law Property § 19-24 (4th ed.       3217, and 3262 (1870). These Articles make it clear
manufactured for use by operators of such vehi-                            2001).                                                  that necessary expenses are those incurred for
cles, which shall be secured properly with a chin                            Art. 2894. Preservation and limited use               the preservation of property.
strap while the vehicle is in motion. All such safe-                         The borrower is bound to keep, preserve, and            Art. 2900. Liability of joint borrowers
ty helmets shall consist of lining, padding, visor,                        use the thing lent as a prudent administrator. He         When several persons jointly borrow the same
and chin strap and shall meet such other specifi-                          may use it only according to its nature or as pro-      thing, they are solidarily liable toward the lender.
cations as shall be established by the commis-                             vided in the contract.                                                Revision Comment — 2004
sioner.                                                                                  Revision Comments — 2004                    This Article reproduces the substance of Article
  (2) Any person eighteen years of age or older                              (a) This Article reproduces the substance of          2905 of the Louisiana Civil Code of 1870.
who chooses not to wear a helmet as provided for                           Article 2898 of the Louisiana Civil Code of 1870.         Art. 2901. Retaking before or after conclusion of
in Paragraph(1) shall be covered by a health                                 (b) There was an error in the English translation     use or expiration of time
insurance policy with medical benefits of at least                         of the French text of Article 2898 of the 1870 Code.      The lender may demand the return of the thing
ten thousand dollars for bodily injuries and shall                         The words “in the best possible order” should be        lent after expiration of the term and, in the
furnish proof of such policy to any law enforce-                           “as a prudent administrator.” The error has been        absence of a term, after conclusion of the use for
ment officer upon the request of such officer.                             corrected in the revised text.                          which the thing was lent. In case of urgent and
  (3) The Louisiana Highway Safety Commission                                Art. 2895. Ordinary wear and tear; damage             unforeseen need, the lender may demand the
shall collect and compile statistical information                          caused by the failure to keep, preserve, or use as      return of the thing at any time.
on the number of fatalities and injuries incurred                          a prudent administrator                                               Revision Comments — 2004
in crashes which involve motorcycles. The                                    The borrower is not liable for ordinary wear            (a) This Article reproduces the substance of
Louisiana Highway Safety Commission shall                                  and tear of the thing lent. He is liable for damage     Articles 2906 and 2907 of the Louisiana Civil Code
report such information annually, prior to the                             to the thing lent caused by his failure to keep, pre-   of 1870.
beginning of each legislative session, to the                              serve, or use it as a prudent administrator.              (b) For other Civil Codes, see French C.C. Arts.
House and Senate Committees on Transportation,                                           Revision Comment — 2004                   1888 and 1889; Italian C.C. Arts. 1809, 1810; Greek
Highways and Public Works.                                                   This Article reproduces the substance of Article      C.C. Arts. 816, 817; German C.C. §§604, 605; Quebec
                      *   *    *                                           2902 of the Louisiana Civil Code of 1870.               C.C. Art. 2319.
  Approved by the Governor, July 6, 2004.                                    Art. 2896. Use for longer time or in other manner       Art. 2902. Lender’s liability for damage caused
A true copy:                                                                 When the borrower uses the thing for a longer         by defects in the thing
  W. Fox McKeithen                                                         time or in a manner other than agreed upon, he is         The lender is liable to the borrower when
    Secretary of State                                                     liable for any damage to the thing, even if it is       defects in the thing lent cause damage or loss sus-
                ————————                                                   caused by a fortuitous event., unless the fortu-        tained by the borrower, if the lender knew or
                                                                           itous event would also have damaged the thing in        should have known of the defects and failed to
                      ACT No. 743                                          the hands of the lender.                                inform the borrower.
                        ———                                                              Revision Comment — 2004                                 Revision Comment — 2004
                 HOUSE BILL NO. 150                                          According to the civilian tradition embodied in         This Article is new. It is based in part on Article
BY REPRESENTATIVES GALLOT AND MUR-                                         the Louisiana Civil Code of 1870 and in modern          2909 of the Louisiana Civil Code of 1870.
  RAY                                                                      civil codes, the borrower is not liable for deterio-      Art. 2903. Liberative prescription
(On Recommendation of the Louisiana State Law                              ration or even destruction of the thing lent as a         An action of the lender for damages because of
  Institute)                                                               result of ordinary wear and tear; he is liable, how-    alteration or deterioration of the thing lent and
                        AN ACT                                             ever, for loss attributed to his fault.                 an action of the borrower for reimbursement of
To amend and reenact Title XII of Book III of the                          Exceptionally, the borrower is also liable for loss     expenses are subject to a liberative prescription
  Civil Code, formerly consisting of Articles 2891                         resulting from fortuitous events when the borrow-       of one year. These prescriptions commence to run
  through 2925, to comprise Articles 2891 through                          er uses the thing for longer time or in a manner        from the day of the return of the thing.
  2913 and to transfer and redesignate Civil Code                          other than agreed upon. See La. C.C. Art. 2899                        Revision Comments — 2004
  Article 2924 as R.S. 9:3500, relative to loan; to                        (1870); French C.C. Art.1881; Italian C.C. Art. 1805;     (a) This Article is new. It reflects articles in con-
  provide for loan for use; to provide for loan for                        Quebec C.C. Art. 2322; cf. German C.C. §603; cf.        temporary civil codes, including the German Civil
  consumption; to provide for loan on interest; to                         Greek C.C. Art. 813. The policy underlying these        Code and the Greek Civil Code. In the absence of
  provide for definitions of loan for use and loan                         Articles is that when the borrower violates his         the shorter prescription established in this
  for consumption; to provide for the application                          obligations and the thing is lost or damaged, the       Article, actions of the lender for damages on
  of the rules governing obligations; to provide for                       loss should be sustained by the borrower rather         account of alteration or deterioration of the thing
  things subject to loan for use; to provide for lim-                      than the lender. In such a case, under continental      lent and the claim of the borrower for reimburse-
  itations of use; to provide for the ordinary wear                        civil codes the borrower is in default and there is     ment of expenses would be subject to the ten-year
  and tear; to provide for the liability of borrow-                        a shift of the risk of loss. This accords with the      liberative prescription under Civil Code Article
  ers and lenders; to provide for fortuitous events;                       general principles of the Louisiana law of con-         3499 (Rev. 1983).
  to provide for valuation and risk of loss; to pro-                       ventional obligations. See La. C.C. Arts. 1873, 1874,     (b) The short prescriptions of Civil Code Article
  vide for the reimbursement of expenses; to pro-                          1990, and 1992 (Rev. 1984). See also Quebec C.C.        2903 (Rev. 2004) apply to actions of the lender for
  vide for the time of return of a thing lent for use;                     Art. 2322.                                              alteration or deterioration of the thing lent and of
  to provide for liberative prescription; to provide                         Art. 2897. Loss caused by fortuitous event            the borrower for expenses that he may have a
  for ownership of a thing lent for consumption; to                          When the thing lent is damaged by a fortuitous        right to claim under Civil Code Article 2899 (Rev.
  provide for the loan of nonfungible things; to                           event from which the borrower could have pro-           2004). All other personal actions of the lender
  provide for the loan of money or commodities; to                         tected the thing lent by using a thing of his own or,   against the borrower and of the borrower against
  provide for the term of a loan for consumption;                          when being unable to preserve both things, the          the lender are subject to other prescriptive peri-
  to provide for restoration; to provide for pay-                          borrower chose to preserve a thing of his own, he       ods provided in legislation. For example, delict-
  ment of value; to provide for the payment and                            is liable for the damage to the thing lent.             ual actions for the destruction of property are
  release of legal interest; to provide for the trans-                                   Revision Comment — 2004                   subject to the prescriptive periods provided for in
  fer and redesignation of certain laws; to provide                          This Article reproduces the substance of Article      Civil Code Articles 3492, 3493, (Rev. 1983), and
  authority for the correction of certain cross-ref-                       2900 of the Louisiana Civil Code of 1870.               3493.10 (1999). Actions for the annulment of a con-
  erences; to provide for an effective date; and to                          Art. 2898. Valuation of the thing                     tract, including the contract of loan for use, are
  provide for related matters.                                               When the contract of loan for use states a value      subject to the five-year prescriptive period of
Be it enacted by the Legislature of Louisiana:                             for the thing lent, the borrower bears the risk of      Civil Code Article 2032 (Rev. 1984). Actions for vio-
  Section 1. Title XII of Book III of the Civil Code,                      loss of the thing, including loss by fortuitous         lation of conventional obligations, including
formerly consisting of Articles 2891 through 2925,                         event.                                                  those arising under the contract of loan for use,
comprising Articles 2891 through 2913, is hereby                                         Revision Comments — 2004                  are generally subject to the ten-year prescriptive
amended and reenacted to read as follows:                                    (a) This Article reproduces the substance of          period of Civil Code Article 3499 (Rev. 1983),
                  TITLE XII - LOAN                                         Article 2901 of the Louisiana Civil Code of 1870.       unless otherwise provided by legislation.
  CHAPTER 1. LOAN FOR USE (COMMODATUM)                                       (b) It is implicit in this provision that when the      (c) An action of the lender for the return of the
  Art. 2891. Loan for use; definition                                      parties appraise the thing lent, they intend to         thing grounded on the “contract of loan for use” is
  The loan for use is a gratuitous contract by                             shift to the borrower the risk of loss of the thing     a “personal action” subject to the ten-year libera-
which a person, the lender, delivers a noncon-                             lent, even loss by fortuitous event. There is no        tive prescription of Civil Code Article 3499 (Rev.
sumable thing to another, the borrower, for him to                         doubt, however, that parties enjoy contractual          1983). Thus, when the borrower fails to return the
use and return.                                                            freedom to provide for the risk of loss of the thing    thing to the lender at the termination of the con-
             Revision Comments — 2004                                      lent as they see fit. Accordingly, the “unless”         tract of loan for use, the lender has ten years from
  (a) This Article is new. It combines ideas                               clause in the source Article is unnecessary and it      that date to institute a personal action for the
expressed in Articles 2893, 2894, and 2895 of the                          has not been reproduced.                                recovery of the thing. The lender, however, has
Louisiana Civil Code of 1870. For the definition of                          Art. 2899. Reimbursement for expenses                 also an imprescriptible real action, the “revendi-
nonconsumables, see C.C. Art. 537 (Rev. 1976);                               The borrower may not claim reimbursement              catory action,” for the recovery of his property.
Yiannopoulos, Civil Law Property §28 (4th ed.                              from the lender for expenses incurred in the use        According to Civil Code Article 526 (Rev. 1979):
2001).                                                                     of the thing.                                           “The owner of a thing is entitled to recover it from
  (b) This Chapter governs “the loan for use” as                             The borrower may claim reimbursement for              anyone who possesses or detains it without right
distinguished from a “contract to lend.”                                   expenses incurred for the preservation of the           and to obtain judgment recognizing his ownership
Ordinarily, the contract of loan for use is preced-                        thing lent, if the expenses were necessary and          and ordering delivery of the thing to him.” This
ed by a promise or contract to lend. See 11                                urgent.                                                 action, grounded on “ownership” rather than the
Planiol, Traite Pratique de Droit Civil Francais                                         Revision Comments — 2004                  personal obligation of the lender to return the
445 (2d ed. Rouast, Savatier, Lepargneur and                                 (a) This Article reproduces the substance of          thing lent to the borrower, is imprescriptible. See
Besson 1954). Parties enjoy contractual freedom                            Articles 2904 and 2908 of the Louisiana Civil Code      Songbyrd v. Bearsville Records, Inc., 104 F.3d 773
to enter into a contract to lend. Id. Parties may                          of 1870.                                                (5th Cir. 1997); Yiannopoulos, Civil Law Property
also derogate from the rules governing loan for                              (b) The basic ideas expressed in Articles 2904        §358 (4th ed. 2001).
use. The contract of loan for use may be for the                           and 2908 of the Louisiana Civil Code of 1870 and              CHAPTER 2. LOAN FOR CONSUMPTION


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                         THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
                      (MUTUUM)                                             from the Louisiana Civil Code of 1808. Its source is       tion supervisors; and to provide for related mat-
  Art. 2904. Loan for consumption; definition                              the Projet du Gouvernement (1800), Book III, Title         ters.
  The loan for consumption is a contract by which                          XV, Art. 28.                                             Be it enacted by the Legislature of Louisiana:
a person, the lender, delivers consumable things                             Art. 2911. Payment of value when restitution is          Section 1. R.S. 18:423(C) is hereby amended and
to another, the borrower, who binds himself to                             impossible                                               reenacted to read as follows:
return to the lender an equal amount of things of                            When it is impossible for the borrower to return         §423. Parish boards of election supervisors
the same kind and quality.                                                 to the lender things of the same quantity and                                   *  *    *
              Revision Comments — 2004                                     quality as those lent, the borrower is bound to pay        C.(1) Composition. In each parish, except
  (a) This Article reproduces the substance of                             the value of the things lent, taking into account        Orleans Parish, the board of election supervisors
Article 2910 of the Louisiana Civil Code of 1870.                          the time and place they should have been                 shall be composed of the registrar of voters, the
   (b) For the definition of consumables, see C.C.                         returned according to the contract.                      clerk of court, the chairman of the parish execu-
Art. 536 (Rev. 1976); Yiannopoulos, Civil Law                                When the time and place are not fixed in the           tive committee of each recognized political party
Property §28 (4th ed. 2001). Parties enjoy contrac-                        contract, the borrower owes the value of the             or his designee who shall be a member of the
tual freedom to treat nonconsumables as consum-                            things at the time the demand for performance is         parish executive committee of the same recog-
ables. Id.                                                                 made and at the place where the loan is contract-        nized political party, and one member appointed
  (c) The loan for consumption is not necessarily                          ed.                                                      by the governor.
gratuitous. Cf. Quebec C.C. Art. 2315.                                                   Revision Comment — 2004                      (2) In Orleans Parish, the parish board of elec-
  Art. 2905. Ownership and risk of loss of the thing                         This Article reproduces the substance of Article       tion supervisors shall be composed of the regis-
lent                                                                       2921 of the Louisiana Civil Code of 1870.                trar of voters, the civil sheriff, the clerk of the
  The borrower in a loan for consumption                                     Art. 2912. Payment of interest in case of default      criminal district court, the chairman of the parish
becomes owner of the thing lent and bears the                                When the borrower does not return the things           executive committee of each recognized political
risk of loss of the thing.                                                 lent or their value at the time when due, he is          party or his designee who shall be a member of
              Revision Comments — 2004                                     bound to pay legal interest from the date of writ-       the parish executive committee of the same rec-
  (a) This Article reproduces the substance of                             ten demand.                                              ognized political party, and one member appoint-
Article 2911 of the Louisiana Civil Code of 1870.                                        Revision Comment — 2004                    ed by the governor.
  (b) For the transfer of ownership, see C.C. Art.                           This Article reproduces the substance of Article         (3)(2) In a parish where a parish executive com-
518 (Rev. 1979); cf. id. C.C. Arts. 2456 and 2457 (Rev.                    2922 of the Louisiana Civil Code of 1870.                mittee of a recognized political party has not been
1993). For the transfer of the risk of loss when a                                  CHAPTER 3. LOAN ON INTEREST                     formed, the chairman of the state central commit-
thing is sold, see C.C. Art. 2467 (Rev. 1993).                               Art. 2913. Payment of interest presumed in             tee of that political party may appoint a voter who
  (c) This Article does not involve delictual liabil-                      release of principal                                     is registered in the parish as being affiliated with
ity. The “risk of loss of the thing” may be total or                         When the principal of the loan is released with-       the political party to serve on the parish board of
partial and refers to the obligation of the borrow-                        out reservation as to interest, it is presumed that      election supervisors.
er to return to the lender an equal amount of                              the interest is also released.                                                  *  *    *
things of the same kind and quality as those bor-                                        Revision Comment — 2004                      Approved by the Governor, July 6, 2004.
rowed. See Civil Code Article 2904 (Rev. 2004).                              This Article reproduces the substance of Article       A true copy:
  Art. 2906. Loan of nonfungible things                                    2925 of the Louisiana Civil Code of 1870.                  W. Fox McKeithen
  A loan of a nonfungible thing, in the absence of                           Section 2. Civil Code Article 2924 is hereby               Secretary of State
contrary agreement, is not a loan for consump-                             transferred and redesignated as R.S. 9:3500. This                         ————————
tion, but is a loan for use.                                               transfer and redesignation is neither an amend-
              Revision Comments — 2004                                     ment to nor a reenactment of Civil Code Article                                ACT No. 746
  (a) This Article is new.                                                 2924.                                                                            ———
  (b) Fungibles are things which according to law                            Section 3. The Louisiana State Law Institute is                         HOUSE BILL NO. 180
or the intention of the parties are interchange-                           hereby authorized to correct any and all cross-ref-      BY REPRESENTATIVES FUTRELL, DORSEY,
able. Nonfungibles are things that are not inter-                          erences that are created by the enactment of this          AND WALSWORTH
changeable. See Yiannopoulos, Civil Law                                    Act. An illustrative but not exclusive list of                                  AN ACT
Property §29 (4th ed. 2001). Ordinarily, fungibles                         Articles and Sections where cross-references             To enact R.S. 18:425.2, relative to the authority of
are handled in trade by number, weight, or meas-                           should be corrected is: Civil Code Article 2000;           parish boards of election supervisors to provide
ure. See 3 Planiol et Ripert, Traite pratique de                           R.S. 3:3414.2; R.S. 6:289 and 1097; R.S. 9:3504, 3505,     for two commissioners to work half of an elec-
droit civil francais 63 (2d ed. Picard 1952).                              and 3506; R.S. 13:5112; R.S. 14:511; R.S. 22:168,          tion day; to authorize any parish board of elec-
  (c) The words “fungibles” and “consumables”                              173.1, and 844.1; R.S. 30:2025; R.S. 33:1236.20,           tion supervisors in the event of a shortage of
are not synonymous. A fungible thing may be con-                           1236.21, 3306, 3689.7, 3827, 3986, 4066.11, 4562.1,        commissioners to create two equal work shifts
sumable or nonconsumable and a consumable                                  4752, 4754, 4755.4, 4766, and 4770.10; R.S. 39:681;        for commissioners; to authorize such parish
thing may be fungible or nonfungible. See                                  and R.S. 40:1502.1, 1502.3, 1502.4, 1502.5, 1502.6,        board of election supervisors to select commis-
Yiannopoulos, Civil Law Property §29 (4th ed.                              1502.7, 1502.8, 1502.9, 1502.12, and 1502.13.              sioners to serve one or two shifts on an election
2001). Parties enjoy contractual freedom to treat                            Section 4. This Act shall become effective on            day; to provide for a commissioner who serves
consumables as nonconsumables and fungibles as                             January 1, 2005.                                           for one shift to receive half of the compensation
nonfungibles. Parties may also treat nonconsum-                              Approved by the Governor, July 6, 2004.                  a commissioner would receive for a full day; to
ables as consumables and nonfungibles as fungi-                            A true copy:                                               require the State Board of Election Supervisors
bles. Id.                                                                    W. Fox McKeithen                                         to prescribe uniform rules for the selection,
  (d) Nonfungible things are ordinarily lent for                               Secretary of State                                     scheduling, and procedures for creating two
use. Accordingly, in the absence of contrary                                                ————————                                  equal shifts for commissioners on election day;
agreement, a loan of a nonfungible thing is a loan                                                                                    to provide for the effectiveness of such provi-
for use. However, parties may agree otherwise,                                                  ACT No. 744                           sions; and to provide for related matters.
that a loan of nonfungibles will be a loan for con-                                                ———                              Be it enacted by the Legislature of Louisiana:
sumption. In that case, nonfungible things are                                             HOUSE BILL NO. 169                         Section 1. R.S. 18:425.2 is hereby enacted to read
treated as fungibles and consumables.                                             BY REPRESENTATIVE FAUCHEUX                        as follows:
  Art. 2907. Loan of money or commodities                                                         AN ACT                              §425.2. Commissioners; split hours
  When the loan is of money, the borrower is                               To amend and reenact Code of Civil Procedure               A. Notwithstanding any other provision of law to
bound to repay the same numerical amount in                                  Article 1235.1, relative to service of process on      the contrary, if a parish board of election super-
legal tender of the country whose money was lent                             persons; to provide procedures for service on          visors determines that the parish may have a
regardless of fluctuation in the value of the cur-                           incarcerated persons; and to provide for related       shortage of commissioners to serve at the polls on
rency.                                                                       matters.                                               election day, the parish board of election super-
  When commodities are lent, the borrower is                               Be it enacted by the Legislature of Louisiana:           visors may create two equal work shifts for com-
bound to return the same quantity and quality                                Section 1. Code of Civil Procedure Article 1235.1      missioners. The parish board of election supervi-
regardless of any increase or diminution of value.                         is hereby amended and reenacted to read as fol-          sors may select commissioners for one shift or two
              Revision Comment — 2004                                      lows:                                                    shifts on an election day, and two shifts shall be
  This Article reproduces the substance of                                   Art. 1235.1. Service on incarcerated person            equivalent to the full election day. The compen-
Articles 2913, 2914, and 2915 of the Louisiana Civil                         A. Service is made on a person who is incarcer-        sation of a commissioner who is selected to serve
Code of 1870.                                                              ated in a jail or detention facility through person-     for one shift on an election day shall be half of
  Art. 2908. Lender’s liability for damage caused                          al service on the warden or his designee for that        what he would receive for a full day of service, as
by defects in the thing                                                    shift. The warden or his designee shall in turn          provided in R.S. 18:425(E). The State Board of
  The lender is liable to the borrower when                                make personal service on the person incarcerat-          Election Supervisors shall prescribe uniform
defects in the thing lent for consumption cause                            ed.                                                      rules with respect to the selection, scheduling,
damage or loss sustained by the borrower, if the                             B. When requested by the petitioner or mover,          and procedures relative to a parish board of elec-
lender knew or should have known of the defects                            proof Proof of service shall may be made by filing       tion supervisors creating two equal shifts for com-
and failed to inform the borrower.                                         in the record the affidavit of the person serving        missioners on election day.
              Revision Comments — 2004                                     the citation and pleadings on the person who is            B. The provisions of this Section shall be null
  (a) This Article reproduces the substance of                             incarcerated.                                            and of no effect on January 1, 2007, and thereafter.
Article 2916 of the Louisiana Civil Code of 1870.                            C. Personal service on the person incarcerated           Section 2. This Act shall become effective on
Rather than making a cross-reference to Civil                              as required by Paragraph A of this Article shall         January 1, 2005.
Code Article 2902 (Rev. 2004), Civil Code Article                          be made promptly, but in no event shall it be              Approved by the Governor, July 6, 2004.
2908 (Rev. 2004) repeats the language of Civil Code                        made later than ten days after service upon the          A true copy:
Article 2902 (Rev. 2004).                                                  warden or his designee. If, for reasons beyond the         W. Fox McKeithen
  (b) Civil Code Article 2902 (Rev. 2004) governs                          control of the warden, such personal service can-            Secretary of State
the liability of the lender in the framework of the                        not be accomplished by the tenth day, then on the                         ————————
“loan for use.” Civil Code Article 2908 (Rev. 2004)                        next day or as soon as it is apparent that such per-
governs the liability of the lender in the frame-                          sonal service cannot be accomplished, the war-
work of the “loan for consumption.”                                        den or his designee shall note the inability to                               ACT No. 747
  Art. 2909. Inability to demand performance until                         serve on the citation or pleadings and return the                               ———
expiration of term                                                         citation or pleadings to the issuing court.                               HOUSE BILL NO. 225
  The lender may not demand from the borrower                                D. Service as provided in Paragraph A of this                   BY REPRESENTATIVE FARRAR
the performance of his obligation to return an                             Article shall be deemed to be accomplished on                                   AN ACT
equal amount of things of the same kind and qual-                          the date of personal service shown by the affi-          To enact R.S. 11:769, relative to the employee con-
ity before expiration of the term. In the absence                          davit specified in Paragraph B of this Article, or if      tributions of a member of the Teachers’
of a certain term or of an agreement that per-                             no such affidavit is timely received, nor a return         Retirement System of Louisiana; to guarantee
formance will be exigible at will, a reasonable                            by the warden or his designee in Paragraph C of            payment of a member’s accumulated employee
term is implied.                                                           this Article indicating a lack of personal service,        contributions to the member, as survivor bene-
              Revision Comments — 2004                                     then service is deemed to be accomplished ten              fits, or to the member’s estate; to provide for an
  (a) This Article is new. It is based in part on                          days after service upon the warden or his                  effective date; and to provide for related mat-
Articles 2917 and 2918 of the Louisiana Civil Code                         designee under Paragraph A of this Article.                ters.
of 1870.                                                                     Approved by the Governor, July 6, 2004.                Notice of intention to introduce this Act has been
  (b) This Article accords with Article 1777 of the                        A true copy:                                               published as required by Article X, Section
Louisiana Civil Code (Rev. 1984). Under that                                 W. Fox McKeithen                                         29(C) of the Constitution of Louisiana.
Article, a term may be express or implied.                                     Secretary of State                                   Be it enacted by the Legislature of Louisiana:
Performance of an obligation not subject to a                                               ————————                                  Section 1. R.S. 11:769 is hereby enacted to read
term is due immediately.                                                                                                            as follows:
  Art. 2910. Substance and place of performance                                               ACT No. 745                             §769. Payment of employee’s accumulated con-
  The borrower is bound to render performance                                                    ———                                tributions guaranteed
at the place agreed upon. When the place for per-                                         HOUSE BILL NO. 178                          In no case shall the system pay total benefits of
formance is not fixed in the contract, perform-                                   BY REPRESENTATIVE MURRAY                          an amount less than the total of the employee’s
ance shall be rendered at the place where the                                                   AN ACT                              accumulated contributions. Where the sum of the
loan is contracted.                                                        To amend and reenact R.S. 18:423(C), relative to         regular benefits, Deferred Retirement Option
              Revision Comments — 2004                                      the composition of parish boards of election            Plan payments, and survivor benefits is less than
  (a) This Article reproduces the substance of                              supervisors; to remove provisions relative to the       the employee’s total contributions, the difference
Article 2920 of the Louisiana Civil Code of 1870.                           membership of the parish board of election              shall be paid to the estate of the deceased mem-
  (b) The second paragraph of the source Article                            supervisors in a particular parish; to provide for      ber.
has no equivalent in other Civil Codes. It derives                          similar membership in all parish boards of elec-          Section 2. This Act shall become effective upon


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                        THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
signature by the governor or, if not signed by the                         required under this Section shall include instruc-       ual insurance risk established pursuant to
governor, upon expiration of the time for bills to                         tion on railroad grade crossing safety.                  Paragraph (6) of this Section. The risk criteria
become law without signature by the governor, as                             Approved by the Governor, July 6, 2004.                established shall utilize medical loss data, com-
provided by Article III, Section 18 of the                                 A true copy:                                             pendium data, or an actuarial certification of the
Constitution of Louisiana. If vetoed by the gover-                           W. Fox McKeithen                                       loss determination method by an actuary certi-
nor and subsequently approved by the legisla-                                 Secretary of State                                    fied by the American Academy of Actuaries in
ture, this Act shall become effective on the day                                          ————————                                  Health Insurance.
following such approval.                                                                                                                                  *   *    *
  Approved by the Governor, July 6, 2004.                                                        ACT No. 751                          (10) Criteria for providing a public subsidy
A true copy:                                                                                        ———                             towards the purchase of policies or contracts of
  W. Fox McKeithen                                                                          HOUSE BILL NO. 344                      coverage.
    Secretary of State                                                     BY REPRESENTATIVE K. CARTER AND SENA-                      (11) Provider payment requirements for partici-
               ————————                                                      TOR HOLDEN                                             pating health insurers.
                                                                                                    AN ACT                            §246.1. Blanket insurance program; criteria by
                    ACT No. 748                                            To amend and reenact R.S. 22:215(A)(3)(introduc-         Department of Health and Hospitals; exemptions
                       ———                                                   tory paragraph) and (g), 244, 245(A), and                A. Any blanket insurance program developed by
               HOUSE BILL NO. 229                                            246(introductory paragraph), (1), (4), (5), (6), and   the Department of Health and Hospitals shall
     BY REPRESENTATIVE QUEZAIRE (BY                                          (7) and to enact R.S. 22:215(A)(3)(h), 246(10) and     include but not be limited to the following com-
                    REQUEST)                                                 (11), and 246.1, relative to health insurance; to      ponents:
                      AN ACT                                                 provide with respect to pilot health insurance           (1) The eligibility criteria for individuals,
To repeal R.S. 17:81(O), relative to certain local                           programs established by the Department of              including limiting participation to a specific num-
 school board expenditures; to repeal the                                    Insurance, including LaChoice; to provide for          ber of individuals who are eligible for medical
 requirement that expenditures by city, parish,                              criteria for such pilot programs; and to provide       assistance pursuant to a coverage program imple-
 and other local public school boards to reim-                               for related matters.                                   mented pursuant to approval of the secretary of
 burse school board members for certain travel                             Be it enacted by the Legislature of Louisiana:           the United States Department of Health and
 and related expenses be in accordance with                                  Section 1. R.S. 22:215(A)(3)(introductory para-        Human Services using authority granted under
 travel regulations prescribed by the division of                          graph) and (g), 244, 245(A), and 246(introductory        Section 1115 of the Social Security Act.
 administration for state executive branch                                 paragraph), (1), (4), (5), (6), and (7) are hereby         (2) The eligibility criteria for health insurance
 employees.                                                                amended and reenacted and R.S. 22:215(A)(3)(h),          issuers that limit participation to health insur-
Be it enacted by the Legislature of Louisiana:                             246(10) and (11), and 246.1 are hereby enacted to        ance issuers who have not been found to be finan-
 Section 1. R.S. 17:81(O) is hereby repealed in its                        read as follows:                                         cially impaired by the Department of Insurance
entirety.                                                                    §215. Group, family group, blanket, and associa-       in the preceding two years and have been select-
 Approved by the Governor, July 6, 2004.                                   tion health and accident insurance                       ed by the Department of Health and Hospitals.
A true copy:                                                                 A.                                                     For purposes of this Section, the term “health
 W. Fox McKeithen                                                                                 *   *   *                         insurance issuer” shall mean an insurance com-
   Secretary of State                                                        (3) Blanket health and accident insurance is any       pany, including a health maintenance organiza-
               ————————                                                    policy covering special groups of persons as enu-        tion as defined and licensed pursuant to Part XII
                                                                           merated in one of the following paragraphs               of Chapter 2 of this Title.
                      ACT No. 749                                          Subparagraphs (a) through (f): (g):                        (3) The participation criteria that may limit the
                         ———                                                                      *   *   *                         number of policies or contracts of coverage that a
                 HOUSE BILL NO. 247                                          (g) Under a policy or contract issued to the           participating health insurance issuer may issue
        BY REPRESENTATIVE THOMPSON                                         Department of Health and Hospitals, which shall          under the program to twenty percent of the health
                         AN ACT                                            be deemed the policyholder, covering a group             insurance issuer’s other commercial coverage
To amend and reenact R.S. 14:67.2(A) and                                   defined as all persons who are eligible for med-         that satisfies the requirements of Part VI-C of this
  (C)(introductory paragraph) and to enact R.S.                            ical assistance pursuant to a coverage program           Chapter.
  14:67.2(B)(4), relative to theft; to provide with                        implemented pursuant to approval of the secre-             (4) The health insurance criteria for health
  respect to theft of animals; to authorize courts to                      tary of the United States Department of Health           insurers that define the coverage that may be
  order restitution in certain circumstances; and                          and Human Services using authority granted               provided under the program. The mandatory ben-
  to provide for related matters.                                          under Section 1115 of the Social Security Act.           efits or mandatory benefit options, including the
Be it enacted by the Legislature of Louisiana:                               (g) (h) An individual application shall not be         provision of “basic health care services” by
  Section 1. R.S. 14:67.2(A) and (C)(introductory                          required from a person covered under such a              health maintenance organizations, shall not be
paragraph) are hereby amended and reenacted                                blanket policy. The insurer shall furnish to the         required to be included in the program created
and R.S. 14:67.2(B)(4) is hereby enacted to read as                        policyholder for delivery to the insured a certifi-      by this Section.
follows:                                                                   cate of insurance which shall disclose the bene-           (5) The payment methodology for participating
  §67.2. Theft of animals                                                  fits, limitations, exclusions, and reductions con-       health insurers.
  A. Theft of animals is the misappropriation,                             tained in the policy and the provisions relating to        (6) The provider payment requirements for par-
killing, or taking of any animal which belongs to                          notice of claim, proof of loss, time of payment of       ticipating health insurers.
another, either without consent of the other to the                        claim, and any other relevant information, includ-         B. In addition to the exemptions provided in
misappropriation or taking, or by means of fraud-                          ing the name and address of the insurer. All ben-        Subsection A of this Section, R.S. 22:215(D) and
ulent conduct, practices, or representations. An                           efits under any such blanket policy shall be             (E), 218, and 250.36 shall not apply to any
intent to deprive the other permanently of the                             payable to the person insured, or to his designat-       Department of Health and Hospitals blanket
animal or an intent to ransom it for the purpose of                        ed beneficiary or beneficiaries, if the policy per-      insurance program.
extorting money or favor is essential.                                     mits the designation of named beneficiaries, or to         Approved by the Governor, July 6, 2004.
  B.                                                                       his estate, except that if the person insured be a       A true copy:
                       *   *   *                                           minor such benefits may be made payable to his             W. Fox McKeithen
  (4) In addition to the foregoing penalties, a per-                       parent, guardian, or other person actually sup-              Secretary of State
son convicted under this Section who killed an                             porting him.                                                              ————————
animal may be ordered to make full restitution to                                                 *   *   *                                              ACT No. 752
the owner of the animal. Restitution shall be in an                          §244. Louisiana Basic Health Insurance; title                                  ———
amount not less than the value of the animal as                              This Part shall be known and may be cited as                            HOUSE BILL NO. 357
determined by Subsection C of this Section. If a                           the “Louisiana Basic Health Insurance”, and any                  BY REPRESENTATIVE MARTINY
person ordered to make restitution pursuant to                             program created under R.S. 22:246 shall be                                       AN ACT
this Section is found to be indigent and therefore                         referred to as “LA. Health” LaChoice.                    To enact R.S. 32:661.1(D), relative to operating a
unable to make restitution in full at the time of                            §245. Authorization to develop pilot programs            watercraft under the influence of alcohol or
conviction, the court shall order a periodic pay-                            A. The Department of Insurance is authorized to          controlled dangerous substances; to provide for
ment plan consistent with the person’s financial                           establish pilot health insurance programs to               a definition of “public navigable waterways” for
ability.                                                                   increase access to affordable health insurance             purposes of the implied consent law; and to pro-
  C. The value of the animal which was misappro-                           for small employers and for individuals. In con-           vide for related matters.
priated, killed, or taken shall be decided by the                          junction with the Department of Health and               Be it enacted by the Legislature of Louisiana:
court, or the jury in a jury trial, based upon the                         Hospitals and after consultation with the                  Section 1. R.S. 32:661.1(D) is hereby enacted to
evidence establishing the value beyond a reason-                           Louisiana Health Care Commission, the depart-            read as follows:
able doubt, including but not limited to the fol-                          ment is authorized to develop private health               §661.1. Operating a watercraft under the influ-
lowing:                                                                    insurance coverage for small employers and indi-         ence of alcoholic beverages or controlled danger-
                       *   *   *                                           viduals, as further provided in R.S. 22:246 and R.S.     ous substances; implied consent to chemical tests;
  Approved by the Governor, July 6, 2004.                                  22:246.1.                                                administering of test and presumptions
A true copy:                                                                                      *   *   *                                               *   *    *
  W. Fox McKeithen                                                           §246. Small employer and individual insurance            D. For purposes of this Section, “public naviga-
    Secretary of State                                                     program criteria                                         ble waterways” means any waters within the ter-
                 ————————                                                    Any small employer or individual insurance             ritorial limits of this state and the marginal sea
                                                                           program developed shall include but not be limit-        adjacent to the state and the high seas when nav-
                     ACT No. 750                                           ed to the following features:                            igated as a part of a journey or ride to or from the
                        ———                                                  (1) Eligibility criteria for small employers that      shore of this state but shall not include privately
                HOUSE BILL NO. 255                                         may include limiting participation to those              owned water bodies with no ingress or egress to
      BY REPRESENTATIVES BADON AND                                         employers who have not offered group health              public waters.
                   WALSWORTH                                               insurance coverage to their employees for at least         Section 2. Nothing contained in the provisions
                        AN ACT                                             two years or such shorter period as may be per-          of this Act shall be construed to affect the owner-
To amend and reenact R.S. 14:32.1(B), relative to                          mitted by regulation promulgated by the commis-          ship of waterbottoms, or public access to private-
  vehicular homicide; to provide for criminal                              sioner of insurance. Any pilot program involving         ly owned waterbottoms.
  penalties; and to provide for related matters.                           a public subsidy towards the purchase of policies          Approved by the Governor, July 6, 2004.
Be it enacted by the Legislature of Louisiana:                             or contracts of coverage will have additional eli-       A true copy:
  Section 1. R.S. 14:32.1(B) is hereby amended and                         gibility criteria established by the Department of         W. Fox McKeithen
reenacted to read as follows:                                              Health and Hospitals for participation of health             Secretary of State
  §32.1. Vehicular homicide                                                insurance issuers.                                                        ————————
                      *   *     *                                                                 *   *   *
  B. Whoever commits the crime of vehicular                                  (4) Benefit criteria that require participating                              ACT No. 753
homicide shall be fined not less than two thou-                            health insurance issuers to offer group and indi-                                ———
sand dollars nor more than fifteen thousand dol-                           vidual health insurance as defined in R.S.                                HOUSE BILL NO. 358
lars and shall be imprisoned with or without hard                          22:250.1(2)(c).                                                  BY REPRESENTATIVE MARTINY
labor for not less than two years nor more than                              (5) Group Health insurance criteria for health                                 AN ACT
twenty years. At least one year of the sentence of                         insurers that define the coverage that may be            To amend and reenact R.S. 27:28(B)(3) and (J) and
imprisonment shall be imposed without benefit of                           marketed under the program. Notwithstanding                to enact R.S. 27:28(K), relative to suitability stan-
probation, parole, or suspension of sentence. If                           any law to the contrary, small employer group              dards for gaming licenses, permits, or contracts;
the operator’s blood alcohol concentration is 0.15                         insurance approved for marketing under the pro-            to remove disqualification based on current sta-
percent or more by weight based upon grams of                              gram shall only be required to meet the benefit            tus of returns or payment of federal taxes; to
alcohol per one hundred cubic centimeters of                               and coverage requirements of Parts VI-A and Part           provide for the consideration of the current sta-
blood, then at least five years of the sentence of                         VI-C of this Chapter.                                      tus in filing applicable tax returns and the pay-
imprisonment shall be imposed without benefit of                             (6) Underwriting criteria that establish stan-           ment of taxes and penalties in suitability deter-
probation, parole, or suspension of sentence. If                           dards for normal group insurance risk associated           minations; and to provide for related matters.
the offender was previously convicted of a viola-                          with individuals covered under small employer            Be it enacted by the Legislature of Louisiana:
tion of R.S. 14:98, then at least five years of the                        groups. a pilot program. Such criteria shall               Section 1. R.S. 27:28(B)(3) and (J) are hereby
sentence of imprisonment shall be imposed with-                            include underwriting standards based on each             amended and reenacted and R.S. 27:28(K) is here-
out benefit of probation, parole, or suspension of                         health insurance issuer’s group and individual           by enacted to read as follows:
sentence. The court shall require the offender to                          insurance products approved for marketing                  §28. Suitability standards
participate in a court-approved substance abuse                            under the a pilot program.                                                     *    *   *
program or and may require the offender to par-                              (7) Risk criteria for payment of losses resulting        B. The board or division, where applicable,
ticipate in a court-approved driver improvement                            from individuals whose medical conditions do not         shall not grant a license or permit, enter into a
program, or both. All driver improvement courses                           meet the standards for normal group or individ-          casino operating contract, or issue any other


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                          THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
approval pursuant to the provisions of this Title                          examining committee secretary of state of any                                  *    *   *
to any person who is disqualified on the basis of                          examination which was taken pursuant to R.S.               §136.2. Authority to expropriate; acquisition of
the following criteria:                                                    35:191(C) and which was failed by the examinee.          abandoned or blighted property prior to judg-
                     *    *    *                                             B. The secretary of state shall also:                  ment
  (3) The person is not current in filing all appli-                                             *   *    *                                               *    *   *
cable tax returns and in the payment of all taxes,                           (3) Maintain a bank of examination questions             B. At least fifteen days prior to filing a petition
penalties, and interest owed to the state of                               and model answers for the exclusive use of the           for expropriation, the governing authority shall
Louisiana or any political subdivision of                                  secretary of state and the several parish examin-        send notice to the owner of its intention to expro-
Louisiana, or the Internal Revenue Service,                                ing committees to be used for examinations               priate the property pursuant to this Part. The let-
excluding items under formal appeal.                                       required by R.S. 35:191(C).                              ter of notification shall also inform the owner that
                     *    *    *                                                                 *   *    *                         if, within fifteen days after being served with the
  J. In the awarding of a license, permit, casino                            Section 2. R.S. 35:191.1(C) is hereby repealed in      citation and pleading, (1) he does not object to the
operating contract, or other approval pursuant to                          its entirety.                                            taking on the grounds that it is not for a public
the provisions of this Title, the board and division                         Section 3. This Act shall become effective on          purpose or (2) he fails to show that the abandoned
may consider that the person is not current in fil-                        January 1, 2005.                                         or blighted conditions of the property have been
ing all applicable tax returns and in the payment                            Approved by the Governor, July 6, 2004.                or are in the process of being substantially reha-
of all taxes, penalties, and interest owed the                             A true copy:                                             bilitated, and that all taxes and public liens have
Internal Revenue Service, excluding items under                              W. Fox McKeithen                                       been paid, he shall waive all defenses to the tak-
formal appeal. However, if the board or the divi-                              Secretary of State                                   ing except claims for compensation or damages.
sion awards a license, permit, contract, or other                                          ————————                                                       *    *   *
approval to a person who is not current in pay-                                                                                       §136.3. Contents of petition for expropriation;
ments owed to the Internal Revenue Service, the                                                  ACT No. 755                        place of filing
person shall subsequently be found unsuitable if                                                    ———                               The right of expropriation granted by this Part
he is not current in payments owed the Internal                                             HOUSE BILL NO. 389                      shall be exercised in the following manner:
Revenue Service within sixty days of the issuance                                     (Duplicate of Senate Bill No. 358)                                  *    *   *
of such license, permit, contract, or other                                BY REPRESENTATIVE MURRAY AND SENA-                         (2) The petition shall contain a statement of the
approval.                                                                    TOR BAJOIE AND COAUTHORED BY REPRE-                    purpose for which the property is to be expropri-
  K. Except for video draw poker manufacturers,                              SENTATIVES MARCHAND AND RICHMOND                       ated, a legal description of the property being
the provisions of this Section shall not apply to                                                   AN ACT                          expropriated, a description of the improvements
persons licensed pursuant to the provisions of the                         To amend and reenact R.S. 19:136, 136.1(1), (3), and     thereon, if any, and the name of the record owner
Video Draw Poker Devices Control Law as pro-                                 (4)(d), 136.2(B), 136.3(2) and (3)(a), 136.6 through   or owners.
vided in Chapter 6 of this Title.                                            136.8, 136.9(B), and 136.11, to enact R.S. 19:136.12     (3) The petition shall have annexed to it the fol-
  Approved by the Governor, July 6, 2004.                                    and 136.13, and to repeal R.S. 19:136.1(4)(e) and      lowing:
A true copy:                                                                 136.10, relative to the expropriation of blighted        (a) A certified copy of a resolution adopted by
  W. Fox McKeithen                                                           or abandoned property by the city of New               the governing authority generally authorizing the
    Secretary of State                                                       Orleans; to provide for the applicability to           taking of abandoned and or blighted property and
               ————————                                                      redemptive periods; to provide relative to the         declaring that it is necessary or useful for the pur-
                                                                             definition of “abandoned property”; to provide         poses of this Part.
                      ACT No. 754                                            for notice to the owner; to provide for substan-                             *    *   *
                        ———                                                  tial rehabilitation and the payment of taxes and         §136.6. Notice to defendant
                HOUSE BILL NO. 363                                           liens; to provide for the contents and notice of         A. Upon receipt of the deposit and the ex parte
         BY REPRESENTATIVE ANSARDI                                           the petition for expropriation; to provide rela-       order, the clerk of court shall issue a notice com-
                        AN ACT                                               tive to the answer and opposition to the petition      ply with all laws governing citation as to each
To amend and reenact R.S. 35:191(C)(2)(b) and                                and for the waiver of defenses; to provide for the     named defendant in the suit, notifying him that a
  191.1(A)(4) and (B)(3) and to repeal R.S.                                  cancellation of inscriptions; to provide for the       petition has been filed to expropriate the proper-
  35:191.1(C), relative to notary examinations; to                           sale or transfer of expropriated property to           ty described in the certified copy of the petition
  provide for the administration of notary exami-                            third persons; to provide for notice of private or     and citation.
  nations by the secretary of state; to provide for                          public sale of such properties; and to provide           B. This notice, together with a certified copy of
  dates for administration; to provide for proce-                            for related matters.                                   the order, the petition, and the clerk’s receipt for
  dures for administration; to provide relative to                         Notice of intention to introduce this Act has been       the deposit, shall be delivered by the clerk to the
  the qualifications for taking the notary exami-                            published as provided by Article III, Section 13       proper sheriff for service on each defendant in
  nation; to provide relative to the scheduling and                          of the Constitution of Louisiana.                      the manner provided for the service of citations.
  administration of notary examinations; to                                Be it enacted by the Legislature of Louisiana:             §136.7. Contesting validity of proposed taking;
  repeal certain standards to be developed by the                            Section 1. R.S. 19:136, 136.1(1), (3), and (4)(d),     waiver of defenses
  secretary of state; and to provide for related                           136.2(B), 136.3(2) and (3)(a), 136.6 through 136.8,        A. Any defendant desiring to contest and oppose
  matters.                                                                 136.9(B), and 136.11 are hereby amended and              the validity of the taking on the grounds that (1)
Be it enacted by the Legislature of Louisiana:                             reenacted and R.S. 19:136.12 and 136.13 are here-        the property taken was not expropriated for a
  Section 1. R.S. 35:191(C)(2)(b) and 191.1(A)(4) and                      by enacted to read as follows:                           public purpose or (2) the abandoned or blighted
(B)(3) are hereby amended and reenacted to read                              PART III-G. EXPROPRIATION OF PROPERTY                  conditions of the property have been or are in the
as follows:                                                                BY A DECLARATION OF TAKING BY MUNICI-                    process of being substantially rehabilitated, and
  §191. Appointment; qualifications and bond;                              PALITIES WITH A POPULATION GREATER                       all taxes and governmental liens have been paid
examination; examiners                                                     THANFOUR HUNDRED FIFTY THOUSAND                          shall file a motion to dismiss the taking within fif-
                      *   *    *                                                       THE CITY OF NEW ORLEANS                      teen days after the date on which the citation was
  C. Each applicant, otherwise qualified, may be                             §136. Purpose                                          served on him or a court-appointed curator on his
appointed a notary public in and for a parish                                In an effort to control the rising number of aban-     behalf. He shall certify thereon that a copy there-
upon meeting all of the following conditions:                              doned or blighted properties throughout the state        of has been served personally or by mail on the
                      *   *    *                                           and to slow urban blight, the legislature finds it       attorney of record for the governing authority in
  (2)                                                                      necessary to implement a mechanism by which              the suit. The motion to dismiss the taking shall be
                      *   *    *                                           governing authorities of any municipality having         served pursuant to Code of Civil Procedure
  (b)(i) The examining committee members shall                             a population in excess of four hundred fifty thou-       Article 1314. This motion shall be tried contradic-
be appointed to serve a term of two years begin-                           sand according to the most recent federal decen-         torily as a summary proceeding with preference
ning October 1, 1977, and every two years there-                           nial census are the city of New Orleans is empow-        over all other matters to the judge alone and shall
after. Examinations shall be given on the second                           ered to more readily obtain abandoned or blight-         be decided prior to fixing the case for trial on the
Monday in July and the second Monday in                                    ed properties. The provisions of this Part are           compensation or damages due to the defendant.
December of each calendar year beginning in                                intended to provide a means by which governing             B. The ex parte order vesting title in the govern-
December, 1977, and may be given at such other                             authorities      may      revitalize     economically    ing authority shall become final (1) upon the fail-
times as the examining committee shall deter-                              depressed areas by placing abandoned or blight-          ure of the defendant to timely file the motion to
mine. Application to take such examination must                            ed properties back into the economic stream of           dismiss opposition provided in Subsection A of
be filed with the district court no later than thirty                      commerce through the rehabilitation of the aban-         this Section. or (2) if If the defendant files a
days prior to the date as fixed herein for such                            doned or blighted property. The procedure creat-         motion to dismiss. an opposition, The the ex parte
examination. Results of the examination shall be                           ed by this Part shall be in addition to any other        order becomes final after the judgment is ren-
announced to each applicant within forty-five                              procedure authorized by law; however, the provi-         dered upon the rendering of a judgment in favor
days following the examination. If the examining                           sions of this Part shall not apply until after the       of the governing authority on the trial of the
committee fails to schedule and give the exami-                            expiration of any applicable redemptive period           motion opposition or as otherwise provided in the
nations as herein directed, then the said commit-                          provided by law.                                         Code of Civil Procedure.
tee shall automatically be discharged and a new                              §136.1. Definitions                                      §136.8. Defendant’s answer; requirements; delay
committee shall be appointed to fulfill the unex-                            For the purposes of this Part, unless the context      for filing
pired terms in accordance with the above provi-                            clearly otherwise requires or unless otherwise             When property is expropriated pursuant to this
sions.                                                                     defined in specific portions of this Part, the fol-      Part, any defendant may apply for a trial to the
  (ii) Beginning in 2005, the notary examination                           lowing words or phrases shall have the respective        district court for the parish in which the property
shall be given on the second Monday of June,                               meanings:                                                is located to determine the measure of compensa-
September, and December. Thereafter, the notary                              (1) “Abandoned property” means property that           tion to which he is entitled, if:
examination shall be given four times per year,                            has been adjudicated to a political subdivision            (1) The defendant or owner applies for a trial
the second Monday of March, June, September,                               for nonpayment of taxes, and which property is           within twenty fifteen days from the filing of the
and December. Should the scheduled Monday be                               vacant or not lawfully occupied. The term “vacant        petition date of service upon him, or a curator ad
a state holiday, then the next non-holiday Monday                          or not lawfully occupied” shall include but shall        hoc appointed for him, or within an extended
shall be the test date.                                                    not be limited to any premises which are not actu-       period of time granted by the court for good cause
  (iii) To qualify to be examined, the candidate                           ally occupied by its owner, lessee, or other invitee     not to exceed sixty days, otherwise it shall be con-
shall have satisfied all requirements to be com-                           or if occupied, without utilities, and has been left     clusively presumed that the amount deposited by
missioned as a notary public in the parish, except                         unsecured or inadequately secured from unau-             the governing authority is correct and the defen-
for passing the examination, and register with the                         thorized entry to the extent that the premises           dant or owner shall thereafter be barred from dis-
parish examining committee on a form provided                              could be entered and utilized by vagrants or other       puting the deposited amount.
by the secretary of state and have attached there-                         uninvited persons as a place of harborage or any           (2) His answer sets forth the amount he claims,
to the required examination fee.                                           premises which by reason of dilapidation, deteri-        including the value of each parcel expropriated
  (iv) The parish examining committee shall noti-                          oration, state of disrepair, or other such status is     and the amount he claims as damages to the
fy the secretary of state of the number of exami-                          otherwise detrimental to or endangers the public         remainder of his property.
nations needed for the date of the examination                             safety, health, or welfare.                                (3) His damage claim is reasonably itemized.
and forward the registration form and check for                                                   *    *   *                          (4) (3) His answer has a certificate thereon show-
each candidate attached thereto not later than                               (3) “Governing authority” means the governing          ing that a copy thereof has been served personal-
forty- five days prior to the date of the examina-                         authority of any municipality having a population        ly or by mail on all parties to the suit who have not
tion.                                                                      in excess of four hundred fifty thousand, accord-        joined in the answer.
                      *   *    *                                           ing to the most recent federal decennial census,           §136.9. Encumbrances and taxes
  §191.1. Secretary of state; uniform statewide                            city of New Orleans or any assignee thereof which                              *    *   *
standards, rules, and procedures for notarial                              is authorized by the municipality to carry out the         B. The expropriated property shall be vested in
examinations                                                               purpose of this Part.                                    the governing authority free and clear of all taxes,
  A. The secretary of state shall, with the advice                           (4) “Notice” means the sending of written com-         tax liens, and governmental charges, which shall
and assistance of the several parish notary exam-                          munication to a person entitled to receive notice        be canceled and erased. The expropriated prop-
ining committees and such other subject matter                             pursuant to this Part by any of the following meth-      erty shall be vested in the governing authority
experts as the secretary of state may request,                             ods:                                                     free and clear of all mortgages, liens, privileges,
develop uniform statewide standards for notarial                                                  *    *   *                        and encumbrances,. All inscriptions for taxes, tax
examinations required by R.S. 35:191(C), which                               (d) In the event that the owners are absent or         liens, and governmental charges shall be can-
shall be administered by the parish notary exam-                           unable to be served notified in accordance with          celed according to law upon payment of same to
ining committees appointed by the court pursuant                           Subparagraphs (4)(a) through (c) of this Section,        the extent that the funds are available from the
to R.S. 35:191(C). The standards developed shall                           notice may be made by publication once a week            amount deposited into the registry of the court.
include all of the following:                                              for two consecutive weeks in an official journal of      When the ex parte order vesting title in the gov-
                      *   *    *                                           the political subdivision in which the property is       ernmental authority becomes final, as provided
  (4) The procedures for review by the parish                              located.                                                 in R.S. 19:136.7(B), the court shall order, upon ex


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                         THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
parte motion, the Recorder of Mortgages to cancel                            Section 1. R.S. 42:284(B) is hereby amended and                           * *  *
and erase all liens, mortgages, and encumbrances                           reenacted to read as follows:                            Approved by the Governor, July 6, 2004.
affecting the expropriated property and shall also                           §284. Reports, classification, and itemization        A true copy:
order the taxing authority to cancel and erase all                                               *   *    *                         W. Fox McKeithen
taxes, tax liens, and governmental charges                                   B. The reports required of the sheriffs at the           Secretary of State
against the property.                                                      various parishes shall also include specific item-                    ————————
                       *   *   *                                           ization of the following expenditures:
  §136.11. Acquisition by third persons                                      (1) Purchase of automobiles and other vehicles.                             ACT No. 760
  The governing authority shall provide an equal                             (2) Maintenance and upkeep of automobiles.                                    ———
opportunity for all natural or juridical persons,                            (3) (1) Transporting prisoners, fugitives, and                        HOUSE BILL NO. 510
including but not limited to sole proprietorships,                         insane persons.                                                 BY REPRESENTATIVE MURRAY
partnerships, corporations, or limited liability                             (4) (2) Feeding prisoners.                                                    AN ACT
companies, whether for profit or nonprofit, to                               Section 2. This Act shall become effective on         To amend and reenact R.S. 18:1505.2(L)(2), relative
acquire property expropriated pursuant to the                              July 1, 2004; if vetoed by the governor and subse-        to certain campaign contribution prohibitions;
provisions of this Part when the governing author-                         quently approved by the legislature, this Act shall       to provide relative to the inapplicability of pro-
ity decides to sell, convey, or otherwise dispose of                       become effective on July 1, 2004, or on the day fol-      hibitions against campaign contributions, loans,
any property expropriated pursuant to the provi-                           lowing such approval by the legislature, whichev-         and transfers of funds by certain persons sub-
sions of this Part. Notwithstanding the foregoing                          er is later.                                              stantially interested in the gaming industry in
provisions, the governing authority may establish                            Approved by the Governor, July 6, 2004.                 this state to certain accounts of political com-
a preference for the allocation of these properties                        A true copy:                                              mittees of recognized political parties organ-
to low-income families, directly or through for                              W. Fox McKeithen                                        ized under laws of another jurisdiction; to pro-
profit or nonprofit organizations which will have                              Secretary of State                                    vide limitations; and to provide for related mat-
rehabilitated or constructed housing on the prop-                                           ————————                                 ters.
erty.                                                                                                                              Be it enacted by the Legislature of Louisiana:
  §136.12. Sale of expropriated property                                                         ACT No. 758                         Section 1. R.S. 18:1505.2(L)(2) is hereby amended
  Notwithstanding any other provision of law to                                                     ———                            and reenacted to read as follows:
the contrary, the municipality may sell property                                            HOUSE BILL NO. 488                       §1505.2. Contributions; expenditures; certain
acquired pursuant to this Part at public or private                                 BY REPRESENTATIVE LAFLEUR                      prohibitions and limitations
sale. Before any such sale may be made, the gov-                                                    AN ACT                                               *   *    *
erning authority shall enact an ordinance gener-                           To amend and reenact R.S. 44:20(B) and to enact           L.
ally approving said sales. Said ordinance shall                              R.S. 44:20(C), relative to the recordation of dis-                          *   *    *
state whether such sales shall be by public or pri-                          charge records from the armed forces; to pro-           (2) No person to whom this Subsection is appli-
vate sale. If the ordinance states that such sale                            vide for exemption of certain military discharge      cable as provided in Paragraph (3) of this
shall or may be by private sale, the ordinance                               records from the public records law; to provide       Subsection shall make a contribution, loan, or
shall establish a fair and equitable policy which                            for release of certain military discharge records     transfer of funds, including but not limited to any
shall have uniform application for determining                               to the veteran and certain other persons; to pro-     in-kind contribution, as defined in this Chapter,
the sale price. For purposes of this Section, the                            vide for the limited release of other military dis-   to any candidate, any political committee of any
sale of property acquired pursuant to this Part                              charge records; and to provide for related mat-       such candidate, or to any other political commit-
shall not be considered the sale of surplus prop-                            ters.                                                 tee which supports or opposes any candidate.
erty or of property owned by the municipality.                             Be it enacted by the Legislature of Louisiana:          This Section shall not prohibit contributions
  §136.13. Notice of sale; private and public                                Section 1. R.S. 44:20(B) is hereby amended and        made to any account of a political committee affil-
  A. If property is sold at private sale, the munici-                      reenacted and R.S. 44:20(C) is hereby enacted to        iated with a recognized political party organized
pality shall on a quarterly basis publish a short                          read as follows:                                        under the laws of another jurisdiction, where the
description of how the municipality is making                                §20. Records of discharge from armed forces           account is segregated and no funds from such seg-
properties, acquired pursuant to this Part, avail-                                                *   *   *                        regated account are used to support or oppose
able for purchase by the public. The municipality                            B. Any discharge certificate or other evidence of     any candidate in this state or any political com-
shall also publish on a quarterly basis a list of                          honorable separation from the armed forces of           mittee of any candidate in this state, provided
properties acquired pursuant to this Part that                             the United States filed on or after July 1, 2000,       that any person to whom this Section applies shall
have been sold by the municipality in the preced-                          shall be confidential, shall not be considered as       expressly request, prior to making a contribution,
ing quarter, which list shall include the name of                          public record under R.S. 44:1 et seq., and shall not    that such political committee shall not use such
the purchaser, the municipal address of the prop-                          be released or shown to any person except:              funds to support or oppose any candidate or any
erty sold or, if no municipal address is available,                          (1) To the veteran or his designee.                   political committee of any candidate in
the district, lot, and square number, and the price                          (2) If the veteran is deceased, to the executor of    Louisiana.
at which the property was sold.                                            his estate or to the surviving spouse or any family                           *   *    *
  B. If property is sold at public sale, notice of the                     member of the veteran, upon furnishing a death            Section 2. This Act shall become effective upon
sale shall be published at least twice in the man-                         certificate, affidavit of death, or other satisfacto-   signature by the governor or, if not signed by the
ner provided by law for sales under judicial                               ry evidence of the death of the veteran.                governor, upon expiration of the time for bills to
process. The advertisement of the notice of the                              C. Notwithstanding the provisions of R.S. 44:31       become law without signature by the governor, as
public sale shall contain the date of the sale, the                        and R.S. 44:32, the clerks of court of the several      provided in Article III, Section 18 of the
place and time of the sale, the municipal address                          parishes and the register of conveyances of the         Constitution of Louisiana. If vetoed by the gover-
of the property subject to such sale or, if no                             parish of Orleans shall make available to the pub-      nor and subsequently approved by the legisla-
municipal address is available, the district, lot,                         lic any discharge certificate or other evidence of      ture, this Act shall become effective on the day
and square number, and the terms of the sale.                              honorable separation from the armed forces of           following such approval.
  Section 2. R.S. 19:136.1(4)(e) and 136.10 are here-                      the United States filed prior to July 1, 2000. The        Approved by the Governor, July 6, 2004.
by repealed in their entirety.                                             clerks of court and the register shall not make         A true copy:
  Section 3. This Act shall become effective upon                          copies of such record for a person who requests           W. Fox McKeithen
signature by the governor or, if not signed by the                         such record, unless the person who requests such            Secretary of State
governor, upon expiration of the time for bills to                         record appears in person in the office of the                           ————————
become law without signature by the governor, as                           appropriate clerk of court or the register and pro-
provided in Article III, Section 18 of the                                 vides his full name and address to the clerk or                              ACT No. 761
Constitution of Louisiana. If vetoed by the gover-                         register. The clerks of court and the register shall                            ———
nor and subsequently approved by the legisla-                              not make such record available to the public on                         HOUSE BILL NO. 517
ture, this Act shall become effective on the day                           any website.                                                      BY REPRESENTATIVE JOHNS
following such approval.                                                                          *   *   *                                               AN ACT
  Approved by the Governor, July 6, 2004.                                    Section 2. This Act shall become effective on         To enact Subpart B-1 of Part XXX of Chapter 1 of
A true copy:                                                               July 1, 2004; if vetoed by the governor and subse-        Title 22 of the Louisiana Revised Statutes of
  W. Fox McKeithen                                                         quently approved by the legislature, this Act shall       1950, to be comprised of R.S. 22:1441 through
    Secretary of State                                                     become effective on July 1, 2004, or on the day fol-      1441.26, relative to the residual property insur-
                 ————————                                                  lowing such approval by the legislature, whichev-         ance market; to provide for Louisiana Citizens
                                                                           er is later.                                              Property Insurance Corporation; to provide for
                      ACT No. 756                                            Approved by the Governor, July 6, 2004.                 legislative intent and purpose; to provide for
                         ———                                               A true copy:                                              interpretation of laws; to provide for servicing
                 HOUSE BILL NO. 404                                          W. Fox McKeithen                                        of policies; to provide for the Coastal Plan; to
BY REPRESENTATIVE BOWLER AND SENA-                                             Secretary of State                                    provide for the FAIR Plan; to provide for the
  TOR DARDENNE                                                                              ————————                                 governance and administration; and to other-
                        AN ACT                                                                                                       wise provide with respect thereto.
To amend and reenact R.S. 9:315.8(E)(3)(a), rela-                                                ACT No. 759                       Be it enacted by the Legislature of Louisiana:
  tive to child support; to provide relative to joint                                               ———                              Section 1. Subpart B-1 of Part XXX of Chapter 1
  custody; to provide for consideration of the con-                                         HOUSE BILL NO. 492                     of Title 22 of the Louisiana Revised Statutes of
  tinuing expenses of the domiciliary party; and to                                 BY REPRESENTATIVE WRIGHT                       1950, comprised of R.S. 22:1441 through 1441.26, is
  provide for related matters.                                                                      AN ACT                         hereby enacted to read as follows:
Be it enacted by the Legislature of Louisiana:                             To amend and reenact R.S. 44:31(B) and                    SUBPART B-1. FAIR AND COASTAL PLANS
  Section 1. R.S. 9:315.8(E)(3)(a) is hereby amended                         32(C)(1)(d), relative to public records; to allow       §1441. Declaration and purpose
and reenacted to read as follows:                                            persons under the age of majority to receive a          A. Louisiana Insurance Underwriting Plan
  §315.8. Calculation of total child support obliga-                         copy or reproduction of a public record; and to       (Coastal Plan) and Louisiana Joint Reinsurance
tion; worksheet                                                              provide for related matters.                          Plan (Fair Plan) were re-created and continued
                      *    *    *                                          Be it enacted by the Legislature of Louisiana:          by Act 1133 of the 2003 Regular Session of the
  E. “Joint Custody” means a joint custody order                             Section 1. R.S. 44:31(B) and 32(C)(1)(d) are hereby   Louisiana Legislature, now R.S. 22:1430 et seq.
that is not shared custody as defined in R.S.                              amended and reenacted to read as follows:               That Act, which became effective on August 15,
9:315.9.                                                                     §31. Right to examine records                         2003, also created Louisiana Citizens Property
                      *    *    *                                                                 *   *  *                         Insurance Corporation, and provided that Coastal
  (3) In determining the amount of credit to be                              B.(1) Except as otherwise provided in this            Plan and Fair Plan, as successors respectively to
given, the court shall consider the following:                             Chapter or as otherwise specifically provided by        the programs established by Act 35 of the 1970
  (a) The amount of time the child spends with the                         law, and in accordance with the provisions of this      Regular Session of the Louisiana Legislature, and
person to whom the credit would be applied. The                            Chapter, any person of the age of majority may          by Act 424 of the 1992 Regular Session of the
court shall include in such consideration the con-                         inspect, copy, or reproduce, or obtain a reproduc-      Louisiana Legislature, shall be available as
tinuing expenses of the domiciliary party.                                 tion of any public record.                              insurance programs of Louisiana Citizens
                      *    *    *                                            (2) Except as otherwise provided in this Chapter      Property Incorporation beginning January 1, 2004.
  Approved by the Governor, July 6, 2004.                                  or as otherwise specifically provided by law, and         B. The Legislature of Louisiana hereby declares
A true copy:                                                               in accordance with the provisions of this Chapter,      that in enacting Act 1133 of the 2003 Regular
  W. Fox McKeithen                                                         any person may obtain a copy or reproduction of         Session of the Louisiana Legislature, its purpose
    Secretary of State                                                     any public record.                                      and intent was, notwithstanding the repeal of R.S.
                 ————————                                                    (3) The burden of proving that a public record is     22:1406.1 through 22:1406.13 and R.S. 22:1431
                                                                           not subject to inspection, copying, or reproduc-        through 22:1445, that from and after August 15,
                    ACT No. 757                                            tion shall rest with the custodian.                     2003, the effective date of the Act, and through
                      ———                                                                         *   *  *                         and including December 31, 2003, Louisiana
               HOUSE BILL NO. 441                                            §32. Duty to permit examination; prevention of        Insurance Underwriting Plan (Coastal Plan) and
        BY REPRESENTATIVE GALLOT                                           alteration; payment for overtime; copies provid-        Louisiana Joint Reinsurance Plan (Fair Plan)
                      AN ACT                                               ed; fees                                                should continue to provide an adequate market
To amend and reenact R.S. 42:284(B), relative to                                                  *   *  *                         for fire insurance with extended coverage and
 local finance; to provide relative to the require-                          C.(1)                                                 vandalism and malicious mischief and homeown-
 ment that certain parish officials and entities                                                  *   *  *                         ers’ coverages as residual market insurance plans
 submit expenditure reports to the parish gov-                               (d) Any such person of the age of majority, as        pursuant to their respective plan documents set-
 erning authority and clerk of court; to exempt                            provided for in R.S. 44:31, may request a copy or       ting forth their rules of operation, approved and
 parish sheriffs from certain requirements; and                            reproduction of any public record and it shall be       on file with the Louisiana Insurance Rating
 to provide for related matters.                                           the duty of the custodian to provide such copies        Commission, and that Louisiana Insurance
Be it enacted by the Legislature of Louisiana:                             copy or reproduction to the person so requesting.       Underwriting Plan (Coastal Plan) and Louisiana


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                       THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
Joint Reinsurance Plan (Fair Plan) should contin-                            (3) To cede reinsurance to the participants and       any reason, denies an application and refuses to
ue to service those policies issued by them on and                         to purchase reinsurance in behalf of the partici-       cause to be issued an insurance policy on insur-
prior to December 31, 2003, until all such policies                        pants.                                                  able property to any applicant or takes no action
have expired and all claims arising thereunder                               (4) To service or cause to be serviced all policies   on an application within the time prescribed in
have been resolved. Because Act 1133 of the 2003                           issued having inception dates on or prior to            the plan, such applicant may appeal to the
Regular Session of the Louisiana Legislature                               December 31, 2003, and after all claims arising         Louisiana Insurance Rating Commission and said
repealed R.S. 22:1406.1 through 1406.13, and 1431                          under said policies have been resolved and the          commission or a member of the commission’s staff
through 1445, remedial and curative legislation is                         business of Louisiana Insurance Underwriting            designated by it, after reviewing the facts, may
needed to make statutory provision for the gover-                          Plan (Coastal Plan) with respect to such policies       direct the governing committee of the plan to
nance and administration of the Louisiana                                  has been concluded, to notify the commissioner of       issue or cause to be issued an insurance policy to
Insurance Underwriting Plan (Coastal Plan) and                             insurance, and thereafter dissolve as a commit-         the applicant. In carrying out its duties pursuant
Louisiana Joint Reinsurance Plan (Fair Plan),                              tee.                                                    to this Section, the Louisiana Insurance Rating
from and after August 15, 2003, and the servicing                            §1441.4. Board of directors of the plan               Commission may request, and the governing com-
of residual market property insurance policies                               The governing committee of the plan shall be a        mittee of the plan shall provide, any information
issued by the plans on and before December 31,                             board of directors which shall consist of seven         the Louisiana Insurance Rating Commission
2003, including servicing of claims arising there-                         representatives of participants in the plan.            deems necessary to a determination concerning
under and to recognize and declare that those                                §1441.5. Functions of the plan                        the reasons for the denial or delay of the applica-
policies issued by Louisiana Insurance                                       A. All participants in the plan shall participate     tion.
Underwriting Plan (Coastal Plan) and Louisiana                             in its writings, expenses, profits, and losses in the     §1441.8. Participants shall cede insurance to the
Joint Reinsurance Plan (Fair Plan) having incep-                           proportion that the net direct premium of such          plan
tion dates of August 15, 2003, through and includ-                         participant written in this state during the pre-         Any participant in the plan shall cede to the
ing December 31, 2003, are lawful responses to the                         ceding calendar year bears to the aggregate net         plan one hundred percent of the essential prop-
intent and purposes of the legislature as set forth                        direct premiums written in this state by all par-       erty insurance written pursuant to and on the
herein, in former R.S. 22:1431 through 1445, and in                        ticipants in the plan during the preceding calen-       terms and conditions set forth in the plan.
Act 1133 of the 2003 Regular Session of the                                dar year as certified to the governing committee          §1441.9. Rates, rating plans, and rate rules appli-
Louisiana Legislature.                                                     of the plan by the Louisiana Insurance Rating           cable
  C. The legislature further declares that this                            Commission after review of annual statements,             The rates, rating plans, and rating rules appli-
statute is curative and remedial, is to have retro-                        other reports and other statistics the Louisiana        cable to the insurance written pursuant to the
spective effects to August 15, 2003, should be                             Insurance Rating Commission shall deem neces-           plan shall be those approved by the Louisiana
given broad and liberal interpretation and con-                            sary to provide the information herein required         Insurance Rating Commission; however, such
struction in order to carry out its purposes and                           and which the Louisiana Insurance Rating                rates may include rules for classification of risks
intent, and should not be construed as repealing,                          Commission is hereby authorized and empowered           insured hereunder and rate modifications there-
amending, or modifying Act 1133 of the 2003                                to obtain from any participant in the plan.             of.
Regular Session of the Louisiana Legislature, or                             B. A participant shall, in accordance with the          §1441.10. Appeal to the Louisiana Insurance
the mandate and authority of Louisiana Citizens                            plan approved by the Louisiana Insurance Rating         Rating Commission; appeal to the court from the
Property Insurance Corporation to issue or cause                           Commission, be entitled to receive credit for           Louisiana Insurance Rating Commission
to be issued Fair Plan or Coastal Plan policies                            essential property insurance voluntarily written          Any person insured pursuant to R.S. 22:1441.1
beginning January 1, 2004, as programs of                                  in the coastal areas and its participation in the       through 1441.13 or his representative, or any
Louisiana       Citizens    Property      Insurance                        writings in the plan shall be reduced in accor-         affected insurer, who may be aggrieved by an act,
Corporation.                                                               dance with the provisions of the plan.                  ruling, or decision of the governing committee of
  §1441.1. Louisiana Insurance Underwriting Plan                             C. Any insurer who becomes authorized to              the plan may, within thirty days after such ruling,
(Coastal Plan); definitions                                                engage in writing property insurance within             appeal to the Louisiana Insurance Rating
  As used in R.S. 22:1441.1 through 1441.13, unless                        Louisiana and who engages in writing property           Commission. Any hearings held by the Louisiana
the context otherwise requires:                                            insurance within Louisiana shall become a par-          Insurance Rating Commission pursuant to such
  (1) “Coastal area” means all of that area of the                         ticipant in the plan on January first, immediately      an appeal shall be in accordance with the proce-
state designated in the “plan” approved by the                             following such authorization, and the determina-        dure set forth in the insurance laws of Louisiana.
Louisiana Insurance Rating Commission.                                     tion of such insurer’s participation in the plan        Provided, however, the Louisiana Insurance
  (2) “Essential property insurance” means any of                          shall be made as of the date of such participation      Rating Commission is authorized to appoint a
the following coverages against direct loss to                             in the same manner as for all other participants        member of its staff for the purpose of hearing
property as defined by the plan approved by the                            in the plan.                                            such appeals and a ruling based upon such hear-
Louisiana Insurance Rating Commission:                                       §1441.6. Plan; review and approval                    ing shall have the same effect as if heard by the
  (a) Fire, with or without extended coverage and                            A.(1) The plan shall set forth the number, quali-     Louisiana Insurance Rating Commission. All per-
vandalism and malicious mischief.                                          fications, terms of office, and manner of election      sons or insureds aggrieved by any order or deci-
  (b) Windstorm and hail without fire, but only                            of the members of the governing committee and a         sion of the Louisiana Insurance Rating
with respect to dwellings and commercial proper-                           participant shall, in accordance with the plan          Commission may appeal as is provided by the pro-
ties on a monoline basis.                                                  approved by the Louisiana Insurance Rating              visions of the insurance laws of the state of
  (c) Homeowners.                                                          Commission, be entitled to receive credit annual-       Louisiana.
  (3) “Governing committee” means that group                               ly for essential property insurance voluntarily           §1441.11. Reports of inspection
which is referred to in R.S. 22:1441.4 and, where                          written in the coastal areas and shall provide for        All reports of inspection performed by or on
appropriate, any designee of the governing com-                            the efficient, economical, fair, and nondiscrimi-       behalf of the governing committee of the plan
mittee.                                                                    natory administration of the plan and for the           shall be made available to the participants in the
  (4) “Insurable property” means immovable                                 prompt and efficient provision of essential prop-       plan and the Louisiana Insurance Rating
property at fixed locations in coastal areas of the                        erty insurance in the coastal areas of the state so     Commission. An applicant or his representative
state as that term is hereinafter defined or the                           as to promote orderly community development in          shall be entitled to a copy of any inspection report
corporeal movable property located therein (but                            those areas and to provide means for the ade-           on property in which the applicant has an insur-
shall not include insurance on motor vehicles)                             quate maintenance and improvement of the prop-          able interest.
which property is determined by the governing                              erty in such areas.                                       §1441.12. Immunity from liability
committee of the plan, after inspection and pur-                             (2) The plan also may provide for:                      There shall be no liability on the part of and no
suant to the criteria specified in the plan, to be in                        (a) The establishment of necessary facilities.        cause of action of any nature shall arise against
an insurable condition against the perils of fire as                         (b) Management.                                       the Louisiana Insurance Rating Commission or
determined by normal underwriting standards;                                 (c) The assessment of participants to defray loss-    any of its staff, or against the governing committee
however, any structure built in substantial accor-                         es and expenses.                                        of the plan or anyone acting on its behalf, or
dance with the Standard Building Code, including                             (d) Underwriting standards.                           against any servicing carrier or carriers of the
the design-wind requirements, which is not other-                            (e) Procedures for the acceptance and cession of      plan, or against any participating insurer, for any
wise rendered uninsurable by reason of use,                                reinsurance by the governing committee, or its          inspections made hereunder or any statements
occupancy, or state of repair, shall be an insur-                          designee, on behalf of plan participants.               made in good faith by them in any reports or com-
able risk within the meaning of R.S. 22:1441.1                               (f) Procedures for determining the amounts of         munications concerning risks submitted to the
through 1441.14. Provided further, that any struc-                         insurance to be provided to specific risks.             governing committee of the plan or at any admin-
ture commenced on or after July 29, 1970, not built                          (g) Time limits and procedures for processing         istrative hearings conducted in connection there-
in substantial compliance with the Standard                                applications for insurance and for such other pro-      with under the provisions of this Code.
Building Code, including the design-wind                                   visions as may be deemed necessary by the                 §1441.13. Annual report
requirements therein, shall not be an insurable                            Louisiana Insurance Rating Commission to carry            The governing committee of the plan or its
risk under the terms of R.S. 22:1441.1 through                             out the purposes of this Part.                          designee shall file in the office of the Louisiana
1441.14. The owner or applicant shall furnish with                           B. The governing committee of the plan may,           Insurance Rating Commission on or before
the application proof in the form of a certificate                         subject to the approval of the Louisiana                September first of each year a statement which
from a local building inspector, contractor, engi-                         Insurance Rating Commission, amend the plan at          shall summarize the transactions, conditions,
neer, or architect that the structure is built in                          any time. The Louisiana Insurance Rating                operations, and affairs of the plan during the pre-
substantial accordance with the Standard                                   Commission may review the plan at any time it           ceding fiscal year ending June thirtieth. Such
Building Code.                                                             deems expedient or prudent, but not less than           statement shall contain such matters and infor-
  (5) “Net direct premiums” means gross direct                             once in each calendar year. After review of the         mation as are prescribed by the Louisiana
premiums, excluding reinsurance assumed and                                plan the Louisiana Insurance Rating Commission          Insurance Rating Commission and shall be in
ceded, written on property in this state for fire                          may amend it after consultation with the govern-        such form as is required by it. The Louisiana
and extended coverage insurance, including com-                            ing committee, or its designee, of the plan, and        Insurance Rating Commission may at any time
ponents of homeowners’ policies and commercial                             upon certification to the governing committee of        require the governing committee of the plan to
multiple peril package policies, less return pre-                          the plan of such amendment.                             furnish to it any additional information with
miums upon canceled contracts, dividends paid                                §1441.7. Eligibility; application                     respect to its transactions or any other matter
or credited to policyholders, or the unused or                               A.(1) Any person having an insurable interest in      which      the     Louisiana     Insurance    Rating
unabsorbed portion of premium deposits. In no                              insurable property is entitled to apply to the gov-     Commission deems to be material to assist it in
event shall premiums on industrial fire insurance                          erning committee of the plan, directly or through       evaluating the operation and experience of the
policies be considered “net direct premiums”.                              a representative, for such coverage and for an          plan.
  (6) “Plan” means the document setting the rules                          inspection of the property. Every such applica-           §1441.14. Examination of plan
of operation approved or promulgated by the                                tion shall be submitted on forms prescribed by            The commissioner of insurance may from time
Louisiana Insurance Rating Commission relative                             the governing committee of the plan and                 to time examine the plan when he deems it to be
to the Louisiana Insurance Underwriting Plan.                              approved by the Louisiana Insurance Rating              prudent and in undertaking such examination he
  §1441.2. Louisiana Insurance Underwriting Plan                           Commission, which application shall contain a           may hold a public hearing. The expense of such
re-created and continued                                                   statement as to whether or not there are any            examination shall be borne and paid by the plan
  A. There is hereby re-created and continued the                          unpaid premiums due from the applicant for fire         participants who shall share the expenses ratably
Louisiana Insurance Underwriting Plan. All                                 insurance on the property.                              in accordance with their respective participation
insurers authorized to write and engage in writ-                             (2) The term “insurable interest” as used in this     for the year under examination.
ing, within this state on a direct basis, property                         Subsection shall be deemed to include any lawful          §1441.15. Louisiana Joint Reinsurance Plan
insurance shall participate in the plan.                                   and substantial economic interest in the safety or      (FAIR Plan); definitions
  B. Every such insurer shall participate in the                           preservation of property from loss, destruction, or       As used in R.S. 22:1441.15 through 1441.26,
plan so long as the plan is in existence as a con-                         pecuniary damage.                                       unless the context otherwise requires:
dition of its authority to continue to transact the                          B. If the governing committee of the plan deter-        (1) “Designated area” means all of that area of
business of insurance in this state.                                       mines that the property is insurable and that           the state designated in the plan on file with the
  §1441.3. Powers and duties of the governing com-                         there is no unpaid premium due from the appli-          Louisiana Insurance Rating Commission and des-
mittee                                                                     cant for prior insurance on the property, the gov-      ignated as FAIR (Fair Access to Insurance
  The governing committee, or its designee, shall,                         erning committee of the plan upon receipt of the        Requirements) Plan area.
pursuant to the provisions of this Part and the                            premium, or such portion thereof as is prescribed         (2) “Essential property insurance” means any of
plan, and with respect to essential property insur-                        in the plan, shall cause to be issued a policy of       the following coverages against direct loss to
ance on insurable property, have the power on                              essential property insurance for a term of one          property as defined by the plan approved by the
behalf of the participants:                                                year. Any policy issued pursuant to the provisions      Louisiana Insurance Rating Commission:
  (1) To cause to be issued policies of insurance                          of this Section shall be renewed annually, upon           (a) Fire, with or without extended coverage and
having inception dates of and prior to December                            payment of premium due, so long as the property         vandalism and malicious mischief.
31, 2003, to applicants.                                                   meets the definition of “insurable property” as           (b) Windstorm and hail without fire, but only
  (2) To assume reinsurance from the partici-                              set forth in R.S. 22:1441.1(4).                         with respect to dwellings and commercial proper-
pants.                                                                       C. If the governing committee of the plan, for        ties on a monoline basis.


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                        THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
  (c) Homeowners.                                                          to specific risks; procedures for processing appli-      tive to driving while intoxicated; to provide with
  (3) “Governing committee” means that group                               cants for insurance; and such other provisions as        respect to criminal penalties for third, fourth,
which is referred to in R.S. 22:1441.17 and, where                         may be deemed necessary to carry out the pur-            and subsequent offenses of operating a vehicle
appropriate, any designee of the governing com-                            poses of R.S. 22:1441.15 through 1441.26.                while intoxicated; to provide with respect to
mittee.                                                                      (2) The plan shall be filed with the Louisiana         substance abuse treatment; to provide with
  (4) “Insurable property” means real and tangi-                           Insurance Rating Commission and the Louisiana            respect to probation; to provide with respect to
ble personal property at a fixed location in a des-                        Insurance Rating Commission may, in its discre-          home incarceration; and to provide for related
ignated area of Louisiana when such property is                            tion, consult with the governing committee of the        matters.
in an insurable condition and basic property                               plan and may seek any further information which        Be it enacted by the Legislature of Louisiana:
insurance is not obtainable in the normal market.                          it deems necessary for a decision.                       Section 1. R.S. 14:98(D)(1) and (3)(a)(introductory
  (5) “Net direct premiums” means gross direct                               B. The governing committee of the plan may,          paragraph) and (iii) and (E)(1) and (3)(a)(introduc-
premiums, excluding reinsurance assumed and                                subject to the approval of the Louisiana               tory paragraph) and (iii) are hereby amended and
ceded, written on property in this state for fire                          Insurance Rating Commission, amend the plan at         reenacted to read as follows:
and extended coverage and, if provided in the                              any time. The Louisiana Insurance Rating                 §98. Operating a vehicle while intoxicated
plan, homeowners insurance, including premium                              Commission may review the plan at any time it                                 *   *   *
components of all multiperil policies and home-                            deems prudent, but not less than once in each cal-       D.(1)(a) On a conviction of a third offense,
owners’ policies, less return premiums, dividends                          endar year. After review of the plan, the              notwithstanding any other provision of law to the
paid or credited to policyholders, or the unused                           Louisiana Insurance Rating Commission may              contrary and regardless of whether the offense
or unabsorbed portions of premium deposits. In                             amend it after consultation with the governing         occurred before or after an earlier conviction, the
no event shall premiums on industrial fire insur-                          committee of the plan, and upon certification to       offender shall be imprisoned with or without
ance policies be considered as net direct premi-                           the governing committee of such amendment.             hard labor for not less than one year nor more
ums.                                                                         §1441.21. Eligibility; application                   than five years and shall be fined two thousand
  (6) “Plan” means the document setting the rules                            A. Any person having an insurable interest in        dollars. Thirty days of the sentence of imprison-
of operation approved or promulgated by the                                insurable property is entitled to apply to the gov-    ment shall be imposed without benefit of proba-
Louisiana Insurance Rating Commission relative                             erning committee of the plan, directly or through      tion, parole, or suspension of sentence. The
to the Louisiana Joint Reinsurance Plan.                                   a representative, for such coverage and for an         remainder of the sentence of imprisonment shall
  §1441.16. Louisiana Joint Reinsurance Plan;                              inspection of the property. Every such applica-        be suspended, and the offender shall be placed
immunity from liability; Louisiana Insurance                               tion shall be submitted on forms prescribed by         on supervised probation with the Department of
Rating Commission                                                          the governing committee of the plan and on file        Public Safety and Corrections, division of proba-
  A. The Louisiana Joint Reinsurance Plan is                               with the Louisiana Insurance Rating Commission.        tion and parole, for a period of time equal to the
hereby continued and reestablished and all                                   B. The term “insurable interest” as used in this     remainder of the sentence of imprisonment,
insurers authorized to write and engage in writ-                           Section shall be deemed to include any lawful          which probation shall commence on the day after
ing property insurance within Louisiana on a                               and substantial economic interest in the safety        the offender’s release from custody required to
direct basis are required to be participants in the                        and preservation of property from loss, destruc-       undergo an evaluation to determine the nature
plan.                                                                      tion, or pecuniary damage.                             and extent of the offender’s substance abuse dis-
  B. The Louisiana Insurance Rating Commission                               C. If the governing committee of the plan deter-     order.
is hereby authorized to issue rules and regula-                            mines that the property is insurable, the govern-        (b) The treatment professional performing the
tions for the purpose of carrying out the provi-                           ing committee of the plan, upon receipt of the pre-    evaluation shall recommend appropriate treat-
sions of R.S. 22:1441.15 through 1441.26.                                  mium or such portion thereof as is prescribed in       ment modalities which shall include substance
  C. There shall be no liability on the part of and                        the plan, shall cause to be issued a policy of         abuse treatment at an inpatient facility recom-
no cause of action of any nature shall arise                               essential property insurance for a term not            mended by the The offender shall be required as
against the Louisiana Insurance Rating                                     exceeding one year. Any policy issued pursuant to      a condition of probation to submit to and com-
Commission or any of its staff, or against the gov-                        the provisions of this Section shall be renewed        plete either of the following requirements:
erning committee of the Louisiana Joint                                    annually, upon payment of premium due, so long           (i) To immediately undergo an evaluation by the
Reinsurance Plan or anyone acting on its behalf,                           as the property meets the definition of “insurable     Department of Health and Hospitals, office for
or against any servicing carrier or carriers, or                           property”.                                             addictive disorders to determine the nature and
against any participating insurer, for any inspec-                           D. If the governing committee of the plan for any    extent of the offender’s substance abuse disorder
tions made hereunder or any statements made in                             reason denies an application and refuses to cause      and to participate in any treatment plan recom-
good faith by them in any reports or communica-                            to be issued an insurance policy on insurable          mended by the office for addictive disorders,
tions concerning risks submitted to the governing                          property to any applicant, or takes no action on an    including treatment in an inpatient facility and
committee of the plan or at any administrative                             application within the time prescribed in the          approved by the Department of Public Safety and
hearings conducted in connection therewith                                 plan, such applicant may appeal to the Louisiana       Corrections office for a period of not less than
under the provisions of R.S. 22:1441.15 through                            Insurance Rating Commission and the said com-          four weeks nor more than six weeks. followed by
1441.26.                                                                   mission or a member of the commission’s staff          outpatient treatment services for a period not to
  §1441.17. Powers and duties of the governing                             designated by it, after reviewing the facts, may       exceed twelve months.
committee                                                                  direct the governing committee of the plan to            (ii) To participate in substance abuse treatment
  The governing committee shall, pursuant to the                           issue, or cause to be issued, an insurance policy to   in an alcohol and drug abuse program provided
provisions of this Part and the plan, and with                             the applicant. In carrying out its duties pursuant     by a drug division subject to the applicable provi-
respect to essential property insurance on insur-                          to this Section, the Louisiana Insurance Rating        sions of R.S. 13:5301 et seq. if the offender is oth-
able property, have the power on behalf of the                             Commission may request and the governing com-          erwise eligible to participate in such program.
participants:                                                              mittee of the plan shall provide any information         (c) The offender may be sentenced to additional
  (1) To cause to be issued policies of insurance                          which      the   Louisiana      Insurance    Rating    outpatient substance abuse treatment services to
having inception dates of and prior to December                            Commission deems necessary to a determination          meet the offender’s needs if determined to be
31, 2003, to applicants.                                                   concerning the reason for the denial or delay of       necessary by the offender’s treating physician, for
  (2) To assume reinsurance from the partici-                              the application.                                       a period not to exceed twelve months. The follow-
pants.                                                                       §1441.22. Plan participants shall cede insurance     up treatment shall be provided in a manner to
  (3) To cede reinsurance to the participants and                            All participants in the plan shall cede one hun-     gradually decrease the intensity of treatment
to purchase reinsurance on behalf of the partici-                          dred percent of the essential property insurance       services.
pants.                                                                     written pursuant to and on terms and conditions          (d) Upon successful completion of the inpatient
  (4) To service or cause to be serviced all policies                      set forth in the plan.                                 substance abuse treatment required by this
issued having inception dates on or prior to                                 §1441.23. Rates, rating plans, and rate rules        Paragraph, the offender shall be sentenced to In
December 31, 2003, and after all claims arising                            applicable                                             addition to the requirements set forth in
under said policies have been resolved and the                               Rates shall be in accordance with the rating         Subparagraph (b) of this Paragraph, the offender
business of the Louisiana Joint Reinsurance Plan                           plans approved by the Louisiana Insurance              shall be placed in a home incarceration program
(Fair Plan) with respect to such policies has been                         Rating Commission for use by the Property              approved by the division of probation and parole
concluded, to notify the commissioner of insur-                            Insurance Association of Louisiana; however,           for a period of time not less than six months and
ance, and thereafter dissolve as a committee.                              such rates may include rules for classification of     not more than the remainder of the sentence of
  §1441.18. Board of directors of plan                                     risks insured hereunder and rate modifications         imprisonment the period of time remaining on
  The governing committee of the plan shall be a                           hereof.                                                the offender’s suspended sentence as provided in
board of directors which shall consist of seven                              §1441.24. Reports of inspection                      Paragraph (3) of this Subsection.
representatives of participants in the plan.                                 All reports of inspection performed by the gov-        (e) (d) If the offender fails to complete the sub-
  §1441.19. Functions of participants in the plan                          erning committee of the plan shall be made avail-      stance abuse treatment required by the provi-
  A. All participants in the plan shall participate                        able to the participants in the plan and the           sions of this Paragraph or violates any other con-
in the writings, expenses, profits, and losses in                          Louisiana Insurance Rating Commission. An              dition of probation, including conditions of home
the proportion that the net direct premium of                              applicant or his representative shall be entitled      incarceration, he shall be imprisoned for the orig-
such participant written in this state during the                          to a copy of any inspection report on property in      inal term of his suspended sentence with no his
preceding calendar years bears to the aggregate                            which the applicant has an insurable interest.         probation may be revoked, and he may be ordered
net direct premiums written in this state by all                             §1441.25. Annual report                              to serve the balance of the sentence of imprison-
participants in the plan in the preceding calendar                           The governing committee of the plan shall file       ment, without credit for time served under home
year as certified to the governing committee of                            in the office of the Louisiana Insurance Rating        incarceration.
the plan after review of annual statements, other                          Commission each year a statement which shall                                  *   *   *
reports, and other statistics necessary to provide                         summarize the transactions, conditions, opera-           (3)(a) An offender sentenced to home incarcera-
the information herein required and which the                              tions, and affairs of the plan during the preceding    tion during probation shall be supervised and
Louisiana Insurance Rating Commission is here-                             fiscal year ending September thirtieth.                shall be subject to any of the conditions of proba-
by authorized and empowered to obtain from any                               §1441.26. Examination of plan                        tion. The court shall specify the conditions of
participant in the plan.                                                     The commissioner of insurance may from time          home incarceration which special conditions to
  B. However, each participant shall be entitled                           to time make an examination into the affairs of        be determined by the court, which shall include
to receive credit for essential property insurance                         the plan when he deems it to be prudent and, in        but shall not be limited to the following:
voluntarily written in designated areas. The gov-                          undertaking such examination, he may hold a                                   *   *   *
erning committee of the plan shall define the                              public hearing. The expense of such examination          (iii) Home visitation at least once per month by
terms “essential property insurance” and “desig-                           shall be borne and paid by plan participants who       the Department of Public Safety and Corrections
nated areas” for the purposes of this Section.                             shall share the expense ratably in accordance          for the first six months. After the first six months,
  C. Any insurer who becomes authorized to                                 with their respective participation for the year       the level of supervision will be determined by the
engage in writing property insurance within                                under examination.                                     department based upon a risk assessment instru-
Louisiana and who engages in writing property                                Section 2. This Act shall become effective upon      ment.
insurance within Louisiana shall become a par-                             signature by the governor or, if not signed by the                            *   *   *
ticipant in the plan on January first immediately                          governor, upon expiration of the time for bills to       E.(1)(a) Except as otherwise provided in
following such authorization and writing, and the                          become law without signature by the governor, as       Subparagraph (4)(b) of this Subsection, on a con-
determination of such insurer’s participation in                           provided in Article III, Section 18 of the             viction of a fourth or subsequent offense, notwith-
the plan shall be made as of the date of such par-                         Constitution of Louisiana. If vetoed by the gover-     standing any other provision of law to the con-
ticipation in the same manner as for all other par-                        nor and subsequently approved by the legisla-          trary and regardless of whether the fourth offense
ticipants in the plan.                                                     ture, this Act shall become effective on the day       occurred before or after an earlier conviction, the
  §1441.20. Plan                                                           following such approval.                               offender shall be imprisoned with or without
  A.(1) The plan as filed and approved by the                                Approved by the Governor, July 6, 2004.              hard labor for not less than ten years nor more
Louisiana Insurance Rating Commission shall                                A true copy:                                           than thirty years and shall be fined five thousand
continue. The plan shall set forth the number,                               W. Fox McKeithen                                     dollars. Sixty days of the sentence of imprison-
qualifications, terms of office, and manner of                                 Secretary of State                                 ment shall be imposed without benefit of proba-
election of the members of the governing commit-                                           ————————                               tion, parole, or suspension of sentence. The
tee. The plan may include the assessment proce-                                                                                   remainder of the sentence of imprisonment shall
dures of all participants for expenses necessary                                               ACT No. 762                        be suspended, and the offender shall be required
to the operation; the establishment of necessary                                                  ———                             to undergo an evaluation to determine the nature
facilities; management of the plan; plan for                                               HOUSE BILL NO. 549                     and extent of the offender’s substance abuse dis-
assessment of participants to defray losses and                                    BY REPRESENTATIVE BALDONE                      order placed on supervised probation with the
expenses; underwriting standards; procedures for                                                 AN ACT                           Department of Public Safety and Corrections,
the acceptance and cession of reinsurance on                               To amend and reenact R.S. 14:98(D)(1) and              division of probation and parole, for a period of
behalf of the participants; procedures for deter-                           (3)(a)(introductory paragraph) and (iii) and (E)(1)   time not to exceed five years, which probation
mining the amounts of insurance to be provided                              and (3)(a)(introductory paragraph) and (iii), rela-   shall commence on the day after the offender’s


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                       THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
release from custody.                                                                 (Duplicate of Senate Bill No. 247)            firmation, to serve six-year staggered terms. Four
  (b) The treatment professional performing the                            BY REPRESENTATIVE T. POWELL AND SENA-                    members shall be appointed to serve an initial
evaluation shall recommend appropriate treat-                                TOR FONTENOT                                           term of two years, four members shall be appoint-
ment modalities, which shall include substance                                                    AN ACT                            ed to serve an initial term of four years, and four
abuse treatment at an inpatient facility recom-                            To amend and reenact R.S. 3:472, 473, 474, 476, and      members shall be appointed to serve an initial
mended by the The offender shall be required, as                             478(A), relative to the Louisiana Strawberry           term of six years; thereafter the term of each
a condition of probation, to submit to and com-                              Marketing Board; to provide relative to defini-        member appointed by the governor shall be six
plete either of the following requirements:                                  tions; to provide relative to membership and           years. The commissioner shall appoint an execu-
  (i) To immediately undergo an evaluation by the                            powers of the board; to provide for the powers of      tive secretary for the board.
Department of Health and Hospitals, office for                               the commissioner of agriculture and forestry; to         F.G. At the same time and in the same manner,
addictive disorders to determine the nature and                              provide relative to assessments; to provide rela-      the governor shall appoint one alternate for each
extent of the offender’s substance abuse disorder                            tive to penalties; and to provide for related mat-     appointed member. Each alternate shall possess
and to participate in any treatment plan recom-                              ters.                                                  the same qualifications as the member for whom
mended by the office for addictive disorders,                              Be it enacted by the Legislature of Louisiana:           he is appointed as an alternate. When a member
including treatment in an inpatient facility and                             Section 1. R.S. 3:472, 473, 474, 476, and 478(A) are   is unable to be present at any meeting of the
approved by the Department of Public Safety and                            hereby amended and reenacted to read as fol-             board, his alternate shall serve in his place. Any
Corrections office for a period of not less than                           lows:                                                    alternate serving in the place of a member shall
four weeks nor more than six weeks. followed by                              §472. Terms defined                                    be deemed to be a member for purposes of that
outpatient treatment services for a period not to                            The terms used in this Part shall be construed to      meeting and shall exercise all of the powers vest-
exceed twelve months.                                                      mean as follows:                                         ed by law in the member, including the right to
  (ii) To participate in substance abuse treatment                           (1) “Board” shall mean the Louisiana                   vote. Vacancies in appointed membership posi-
in an alcohol and drug abuse program provided                              Strawberry Marketing Board.                              tions shall be filled in the same manner as the
by a drug division subject to the applicable provi-                          (2) “Commissioner” shall mean the commission-          original appointments. except for the positions of
sions of R.S. 13:5301 et seq. if the offender is oth-                      er of agriculture and forestry.                          the resident coordinator of the Louisiana State
erwise eligible to participate in such program.                              (3) “Department” shall mean the Department of          University Agricultural Experiment Station at
  (c) The offender may be sentenced to additional                          Agriculture and Forestry.                                Hammond, Louisiana, the chairman of the
follow-up substance abuse treatment services to                              (4) “Handler” shall mean any person handling           Ponchatoula Strawberry Festival, and their alter-
meet the offender’s needs if determined to be                              strawberries in the primary channels of trade.           nates. The chancellor of the LSU AgCenter shall
necessary by the offender’s treating physician, for                          (5)(4) “Person” means an individual, partner-          recommend the person to be appointed to fill the
a period not to exceed twelve months. The follow-                          ship, firm, company, association, corporation, lim-      vacancy of the resident coordinator of the
up treatment shall be provided in a manner to                              ited liability company, and any other legal entity       Louisiana       State    University     Agricultural
gradually decrease the intensity of treatment                              or group of persons.                                     Experiment Station at Hammond, Louisiana, or
services.                                                                    (6) “Shipper” means any person, partnership,           his alternate. The governing body of the
  (d) Upon successful completion of the inpatient                          association, or corporation engaged in the ship-         Ponchatoula Strawberry Festival shall recom-
substance abuse treatment required by this                                 ping of strawberries or transporting strawberries        mend the person to be appointed to fill the vacan-
Paragraph, the offender shall be sentenced to In                           whether as owner, agent, or otherwise.                   cy of the chairman of the Ponchatoula Strawberry
addition to the requirements set forth in                                    (7)(5) “Strawberries” means all strawberries of        Festival, or his alternate. Persons appointed to
Subparagraph (b) of this Paragraph, the offender                           the grades as recommended by the United States           fill vacancies shall serve out the unexpired por-
shall be placed in a home incarceration program                            Department of Agriculture and the State Market           tion of the memberships to which they have been
approved by the division of probation and parole                           Commission.                                              appointed.
for a period of time not less than one year nor                              §473. Louisiana Strawberry Marketing Board               §474. Powers; commissioner; board; records
more than five years in accordance with                                      A. The Louisiana Strawberry Marketing Board              A. The commissioner of agriculture shall
Paragraph (3) of this Subsection and shall be                              is created in the department with its domicile in        administer the terms of this Part and control and
fined five thousand dollars the remainder of the                           Baton Rouge, Louisiana.                                  disburse the proceeds of the assessment levied
term of supervised probation.                                                B.(1) The board shall consist of thirteen four-        and collected hereunder; engage employees nec-
  (e) (d) If the offender fails to complete the sub-                       teen members. Eleven members shall be appoint-           essary to carry on the work of the board; and may
stance abuse treatment required by the provi-                              ed by the governor commissioner, which member-           continue to maintain a field office at Hammond,
sions of this Paragraph or violates any other con-                         ship shall be composed of residents from the             Louisiana, to carry on the work of the board and
dition of probation, including conditions of home                          parishes of Ascension, Livingston, St. Tammany,          where meetings of the board may be held; and
incarceration, he shall be imprisoned for the orig-                        or Tangipahoa, and confirmed by the Senate as            may establish rules and regulations for the
inal term of his suspended sentence with no his                            follows:                                                 administration of the provisions of this Part. To
probation may be revoked, and he may be ordered                              (a) Seven members shall be practicing strawber-        assist in the collection of the assessment, the com-
to serve the balance of the sentence of imprison-                          ry producers.                                            missioner may cause his duly authorized agent or
ment, without credit for time served under home                              (b) One member shall be a banker with knowl-           representative to go upon the premises of any
incarceration.                                                             edge of the strawberry industry.                         grower, shipper, dealer, or handler of strawber-
                       *   *   *                                             (c) One member shall be the chairman of the            ries and examine or cause to be examined by any
  (3)(a) An offender sentenced to home incarcera-                          Ponchatoula Strawberry Festival.                         such agent or representative any books, papers,
tion during probation shall be supervised and                                (d) One member shall be the resident coordina-         records, or memoranda bearing on the amount of
shall be subject to any of the conditions of proba-                        tor of the Louisiana State University Agricultural       assessments payable, and to secure other infor-
tion. The court shall specify the conditions of                            Experiment Station at Hammond, Louisiana.                mation directly or indirectly concerned in the
home incarceration special conditions to be                                  (e)(c) One member shall be an agricultural             enforcement of this Part.
determined by the court, which shall include but                           chemical dealer, representative, or consultant             B. The Louisiana Strawberry Marketing Board
shall not be limited to the following:                                     with knowledge of the strawberry industry.               is vested with the following powers:
                       *   *   *                                             (f)(d) One member shall be a consumer with               (1) To establish rules and regulations to encour-
  (iii) Home visitation at least once per month by                         knowledge of the strawberry industry.                    age the expansion, improvement, and betterment
the Department of Public Safety and Corrections                              (g)(e) One member shall be a person with a             of strawberries in Louisiana;
for the first six months. After the first six months,                      financial interest in the strawberry industry.             (2) To provide rules and regulations for the pro-
the level of supervision will be determined by the                           (2) Upon a vacancy on the board, the governor          cessing, marketing, distributing, and storing of
department based upon a risk assessment instru-                            shall be notified immediately by the board by reg-       strawberries and related products;
ment.                                                                      istered mail. If the governor fails to make an             (3) To adopt rules and regulations necessary to
                       *   *   *                                           appointment to the board within one hundred              provide for the establishment of state grades for
  Approved by the Governor, July 6, 2004.                                  twenty days following the date of notification of        strawberries;
A true copy:                                                               any vacancy on the board, then the commissioner            (4) To promulgate and enforce rules and ordi-
  W. Fox McKeithen                                                         of agriculture shall make the appointment. Any           nances, make inspections, and perform other acts
    Secretary of State                                                     appointment shall be subject to confirmation by          necessary to control the classification, inspection,
                 ————————                                                  the Senate. The commissioner or his designee, the        grading, marking of containers, and marketing of
                                                                           resident coordinator of the Louisiana State              strawberries, such rules and ordinances to have
                      ACT No. 763                                          University Agriculture Experiment Station at             the effect of law;
                        ———                                                Hammond, and the chairman of the Ponchatoula               (5) To contract and be contracted with, and to
                HOUSE BILL NO. 554                                         Strawberry Festival shall serve ex officio and           have and possess all the powers of a body corpo-
          BY REPRESENTATIVE PINAC                                          shall have all rights and responsibilities of            rate for all purposes necessary for fully carrying
                        AN ACT                                             appointed members. The commissioner or his               out the provisions of this Part.
To enact R.S. 9:3527(C)(2), relative to consumer                           designee, the resident coordinator of the                  C. Copies of the proceedings, records, and acts
  credit delinquency charges; to provide for                               Louisiana       State     University      Agriculture    of the board and certificates purporting to relate
  determination of delinquency; to prohibit the                            Experiment Station at Hammond, and the chair-            the facts concerning such proceedings, records,
  collection of delinquency charges in certain                             man of the Ponchatoula Strawberry Festival shall         and acts signed by the chairman of the board shall
  instances; to provide for an effective date; and                         be counted for purposes of constituting a quorum.        be prima facie evidence thereof in all the courts
  to provide for related matters.                                            C. Appointed members shall serve terms con-            of the state.
Be it enacted by the Legislature of Louisiana:                             current with the term of the commissioner making           A. The board shall have the following powers:
  Section 1. R.S. 9:3527(C)(2) is hereby enacted to                        the appointment. The chairman of the                       (1) To plan and conduct, in consultation with the
read as follows:                                                           Ponchatoula Strawberry Festival shall serve for          department, a campaign for advertising, promot-
  §3527. Maximum delinquency charges; notice of                            one year until the end of his term as chairman           ing, and marketing Louisiana strawberries, pro-
conversion                                                                 and shall be automatically replaced by his suc-          moting and funding research, increasing con-
                      *   *   *                                            cessor.                                                  sumption of strawberries in Louisiana, providing
  C.                                                                         C.D. The presence of seven members of the              producers, distributors, retailers, and consumers
                      *   *   *                                            board shall constitute a quorum for the transac-         educational information as to the pnutritional
  (2) No such delinquency charge may be collect-                           tion of all business and the carrying out of duties      and health value of strawberries and fulfilling
ed on an installment or other regular payment                              of the board. Each member shall take and sub-            any other purpose authorized by this Part.
that is paid in full within ten days after its sched-                      scribe to the oath of office prescribed for state          (2) To enter into any contract or other agreement
uled due date even though an earlier maturing                              officers. No member of the board shall receive           to accomplish any purpose authorized by this
installment, other payment, or delinquency                                 any salary, but each member shall receive the            Part, including advertising, education, marketing,
charge on an earlier installment or other payment                          sum of twenty dollars per day for each day spent         promotion, publicity, and research activities or
may not have been paid in full. For purposes of                            in actual attendance of meetings of the board and        services.
determining delinquency, payments are deemed                               such allowance for traveling expenses in attend-           (3) To decide upon a distinctive logo, emblem,
to be applied first to current installments or other                       ing the meeting as is allowed other state employ-        name, or other method for distinguishing
payments due and then to delinquent install-                               ees for traveling expenses.                              Louisiana-produced strawberries and to register
ments or other payments and then to delinquent                               D.E. The members of the board shall meet and           or have the department register any such logo,
and other charges.                                                         organize immediately after their appointment             emblem, name, or method and promote the use of
                      *   *   *                                            and annually thereafter shall elect a chairman           same in promoting Louisiana strawberries.
  Section 2. This Act shall become effective upon                          and a vice chairman from the membership of the             (4) To hold meetings in the board’s parish of
signature by the governor or, if not signed by the                         board, whose duties shall be those customarily           domicile or in such other locations within the
governor, upon expiration of the time for bills to                         exercised by such officers or specifically desig-        state as the board may direct.
become law without signature by the governor, as                           nated by the board. The board may establish rules          (5) To hold hearings on alleged violations of the
provided in Article III, Section 18 of the                                 and regulations for its own government and the           provisions of this Part or rules and regulations
Constitution of Louisiana. If vetoed by the gover-                         administration of the affairs of the board.              adopted pursuant to this Part.
nor and subsequently approved by the legisla-                                E.F. The board shall employ a director and               (6) To advise the commissioner on the civil
ture, this Act shall become effective on the day                           assistant director who shall be appointed by the         penalties to be imposed or the injunctive or other
following such approval.                                                   board, subject to the approval of the commission-        civil relief to be sought to punish and restrain vio-
  Approved by the Governor, July 6, 2004.                                  er. The director and assistant director shall be in      lations of the provisions of this Part or of the rules
A true copy:                                                               the unclassified service. The commissioner is            and regulations adopted pursuant to this Part.
  W. Fox McKeithen                                                         authorized to employ such other personnel neces-           (7) To perform such other advisory functions as
    Secretary of State                                                     sary to carry into effect the rules, regulations, and    the commissioner may assign to the board.
                 ————————                                                  ordinances that may be adopted by the board. The           B. The commissioner shall have the following
                                                                           chairman of the Ponchatoula Strawberry Festival,         powers:
                        ACT No. 764                                        or his alternate, shall serve a term of one year.          (1) To adopt rules and regulations as are neces-
                          ———                                              The remaining members of the board shall be              sary to implement the provisions of this Part.
                     HOUSE BILL NO. 571                                    appointed by the governor, subject to Senate con-          (2) To administer and enforce the provisions of


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                          THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
this Part and the rules and regulations adopted                              Art. 3601. Injunction, grounds for issuance; pre-                            *    *   *
pursuant to this Part through the department.                              liminary injunction; temporary restraining order          M.(1) A consumer may elect to place a security
  (3) To collect, administer, and disburse the pro-                          A. An injunction shall issue be issued in cases       freeze on his credit report by written request,
ceeds of the assessments, penalties, and other                             where irreparable injury, loss, or damage may           sent by certified mail, that includes clear and
monies collected pursuant to this Part.                                    otherwise result to the applicant, or in other          proper identification, to a credit reporting
  (4) To enter, either directly or through a duly                          cases specifically provided by law; provided, how-      agency. A credit reporting agency shall place a
authorized agent, the premises of any person pro-                          ever, that no court shall have jurisdiction to issue,   security freeze on a consumer’s credit report no
ducing or shipping strawberries and examine that                           or cause to be issued, any temporary restraining        later than ten business days after receiving a writ-
person’s books, accounts, and records, and obtain                          order, preliminary injunction, or permanent             ten request for the security freeze from the con-
any other information necessary for purposes of                            injunction against any state department, board,         sumer.
determining that the assessments required under                            or agency, or any officer, administrator, or head         (2) When a security freeze is in place, informa-
this Part have been collected and transmitted to                           thereof, or any officer of the state of Louisiana in    tion from a consumer’s credit report shall not be
the department and that the person is in compli-                           any suit involving the expenditure of public funds      released to a third party without prior express
ance with the provisions of this Part and any reg-                         under any statute or law of this state to compel        authorization from the consumer. This Subsection
ulations adopted pursuant to the provisions of                             the expenditure of state funds when the director        does not prevent a credit reporting agency from
this Part.                                                                 of such department, board, or agency or the gov-        advising a third party that a security freeze is in
  (5) To seek and obtain injunctive or other civil                         ernor shall certify that the expenditure of such        effect with respect to the consumer’s credit
relief to restrain and prevent violations of this                          funds would have the effect of creating a deficit in    report.
Part or rules and regulations adopted pursuant to                          the funds of said agency or be in violation of the        N. The credit reporting agency shall, no later
this Part or orders and rulings issued by the com-                         requirements placed upon the expenditure of             than ten business days after the date the agency
missioner pursuant to this Part.                                           such funds by the legislature.                          receives the request for a security freeze, provide
  (6) To institute civil proceedings to enforce his                          B. No court shall issue a temporary restraining       the consumer with a unique personal identifica-
orders or rulings, collect any assessments, late                           order in cases where the issuance shall stay or         tion number or password to be used by the con-
fees, fines, penalties, or costs due under this Part                       enjoin the enforcement of a child support order         sumer when providing authorization for the
and to otherwise enforce the provisions of this                            when the Department of Social Services is pro-          access to his credit file for a specific period of
Part or rules and regulations adopted pursuant to                          viding services, except for good cause shown by         time. In addition, the credit reporting agency
this Part.                                                                 written reasons made a part of the record.              shall simultaneously provide to the consumer in
  C. Any suit filed by or on behalf of the board,                            C. During the pendency of an action for an            writing the process of placing, removing, and tem-
commissioner, or department pursuant to this                               injunction the court may issue a temporary              porarily lifting a security freeze and the process
Part may be filed in East Baton Rouge Parish or                            restraining order, a preliminary injunction, or         for allowing access to information from the con-
in any other parish in which venue is authorized.                          both, except in cases where prohibited, in accor-       sumer’s credit file for a specific period while the
                       *   *   *                                           dance with the provisions of this Chapter.              security freeze is in effect.
  §476. Deposit and disbursement of assessments                              D. Except as otherwise provided by law, an              O. A consumer may request in writing a replace-
  The proceeds of the assessment collected by the                          application for injunctive relief shall be by peti-     ment personal identification number or pass-
department shall be deposited with the state                               tion.                                                   word. The request must comply with the require-
treasurer in a special fund to be established by                                                 *   *   *                         ments for requesting a security freeze under
him for the Louisiana Strawberry Marketing                                   Art. 3603. Temporary restraining order; affidavit     Subsection M. The credit reporting agency shall,
Board in the administration of this Part, and dis-                         of irreparable injury and notification efforts          not later than the seventh business day after the
bursement thereof shall be made on the warrant                                                   *   *   *                         date the agency receives the request for a
of the commissioner drawn on the state treasurer                             C. No court shall issue a temporary restraining       replacement personal identification number or
out of the fund providing that disbursement may                            order in cases where the issuance shall stay or         password, provide the consumer with a new,
only be authorized by a majority of the members                            enjoin the enforcement of a child support order         unique personal identification number or pass-
of the board.                                                              when the Department of Social Services is pro-          word to be used by the consumer instead of the
  A. All assessments, interest, penalties, and                             viding services, except for good cause shown by         number or password that was provided under
other monies received under the provisions of                              written reasons made a part of the record.              Subsection N.
this Part shall be deposited in a special fund                               Section 2. This Act shall become effective upon         P. A credit reporting agency shall notify a per-
established by the commissioner for the board.                             signature by the governor or, if not signed by the      son who requests a consumer report or score if a
The commissioner, as authorized by the board,                              governor, upon expiration of the time for bills to      security freeze is in effect for the consumer file
shall make disbursements from the fund for the                             become law without signature by the governor, as        involved in that report or score.
activities of the board authorized by this Part.                           provided in Article III, Section 18 of the                Q. If a third party requests access to a consumer
  B. The monies in the fund shall be used for the                          Constitution of Louisiana. If vetoed by the gover-      credit report on which a security freeze is in
following purposes:                                                        nor and subsequently approved by the legisla-           effect, and this request is in connection with an
  (1) To provide for the expenses of the program                           ture, this Act shall become effective on the day        application for credit or any other use, and the
established by this Part. The commissioner may                             following such approval.                                consumer does not allow his credit report to be
retain a portion of the total assessments collect-                           Approved by the Governor, July 6, 2004.               accessed for that specific period of time, the third
ed, not to exceed ten percent, as is necessary to                          A true copy:                                            party must treat the application as incomplete.
defray the costs of collecting assessments, and                              W. Fox McKeithen                                        R. If the consumer wishes to allow his credit
administering and enforcing this Part.                                         Secretary of State                                  report or score to be accessed for a specific peri-
  (2) To fund all costs related to advertising, pro-                                       ————————                                od of time while a freeze is in place, he shall con-
motion, and marketing of Louisiana strawberries,                                                                                   tact the credit reporting agency and request that
research, increasing consumption of strawberries                                                 ACT No. 766                       the freeze be temporarily lifted, and provide the
in Louisiana, providing producers, distributors,                                                    ———                            following:
retailers, and consumers educational information                                            HOUSE BILL NO. 623                       (1) Clear and proper identification.
as to the nutritional and health value of strawber-                        BY REPRESENTATIVES JEFFERSON, THOMP-                      (2) The unique personal identification number
ries and fulfilling any other purpose authorized                             SON, AND DORSEY                                       or password provided by the credit reporting
by this Part.                                                                                       AN ACT                         agency pursuant to Subsection N or O.
                       *   *   *                                           To amend and reenact R.S. 9:3571.1(H) and                 (3) The proper information regarding the time
  §478. Offenses; penalty                                                    (L)(introductory paragraph) and to enact R.S.         period for which the report shall be available to
  A. Any handler, dealer, or shipper of strawber-                            9:3571.1(M) through (Y), relative to protection       users of the credit report.
ries who willfully evades the payment of the                                 from identity theft; to provide for security            S. A credit reporting agency that receives a
assessment provided for in R.S. 3:475, or who vio-                           freezes; to provide for definitions; to provide for   request from a consumer to temporarily lift a
lates any other provision of this Part, shall be                             the procedures for access after imposition and        freeze on a credit report pursuant to Subsection R
fined not more than five hundred dollars. If any                             removal of security freezes; and to provide for       shall comply with the request no later than three
shipper fails to pay any assessment due under the                            related matters.                                      business days after receiving the request. A cred-
provisions of this Part within thirty days after the                       Be it enacted by the Legislature of Louisiana:          it reporting agency may develop procedures
assessment payment is due, he shall be liable to a                           Section 1. R.S. 9:3571.1(H) and (L)(introductory      involving the use of telephone, fax, the Internet,
penalty of twenty percent thereof, and the attor-                          paragraph) are hereby amended and reenacted             or other electronic media to receive and process
ney general shall enforce payment of the assess-                           and R.S. 9:3571.1(M) through (Y) are hereby enact-      a request from a consumer to temporarily lift a
ment and penalty by civil action against the ship-                         ed to read as follows:                                  freeze on a credit report or score pursuant to
per for the amount of the assessment and penalty.                            §3571.1. Credit reporting agency information          Subsection R in an expedited manner.
Any person who violates any of the provisions of                           and reports; consumer access to files; right of cor-      T. A credit reporting agency shall remove or
this Part or the rules and regulations adopted                             rection; dissemination or maintenance of untrue         temporarily lift a freeze placed on a consumer’s
under the provisions of this Part or who alters,                           or misleading credit information by credit report-      credit report only in the following cases:
forges, or counterfeits, or uses without authority                         ing agency; investigation; right to recovery              (1) Upon consumer request as provided in this
any certificate or permit or other document pro-                                                  *   *  *                         Section.
vided for in this Part or in the rules or regulations                        H. For the purposes of this Section:                    (2) If the consumer’s credit report was frozen
adopted under the provisions of this Part or who                             (1) “Clear and proper identification” means           due to a material misrepresentation of fact by the
fails to collect or to timely pay the assessments or                       information generally deemed sufficient to iden-        consumer. If a credit reporting agency intends to
penalties due under this Part shall be subject, in                         tify a person.                                          remove a freeze upon a consumer’s credit report
addition to any unpaid assessments, late fees, or                            (1) (2) “Credit report” means any written, oral, or   pursuant to this Paragraph, the credit reporting
collection costs, to a civil penalty of not more than                      other communication of any credit information by        agency shall notify the consumer in writing prior
five hundred dollars for each act of violation and                         a credit reporting agency, as defined in the feder-     to removing the freeze on the consumer’s credit
for each day of violation. Each day on which a vio-                        al Fair Credit Reporting Act, which operates or         report.
lation occurs shall be a separate offense.                                 maintains a data base database of consumer cred-          U. A security freeze shall remain in place until
                       *   *   *                                           it information bearing on a consumer’s credit           the consumer requests that the security freeze be
  Section 2. This Act shall become effective upon                          worthiness, credit standing, or credit capacity.        removed. A credit reporting agency shall remove
signature by the governor or if not signed by the                            (2) (3) “Credit reporting agency” means any per-      a security freeze within three business days of
governor, upon expiration of the time for bills to                         son who, for monetary fees, dues, or on a coopera-      receiving a request for removal from the con-
become law without signature by the governor, as                           tive nonprofit basis, regularly engages in whole or     sumer, who provides both of the following:
provided by Article III, Section 18 of the                                 in part in the practice of assembling or evaluating       (1) Clear and proper identification.
Constitution of Louisiana. If vetoed by the gover-                         consumer credit information or other information          (2) The unique personal identification number
nor and subsequently approved by the legisla-                              on consumers for the purpose of furnishing con-         or password provided by the credit reporting
ture, this Act shall become effective on the day                           sumer reports to third parties, and who uses any        agency.
following such approval.                                                   means or facility of interstate commerce for the          V. A security freeze does not apply to a con-
  Approved by the Governor, July 6, 2004.                                  purpose of preparing or furnishing consumer             sumer report provided to:
A true copy:                                                               reports. For the purposes of this Section, “Credit        (1) A federal, state, or local governmental entity,
  W. Fox McKeithen                                                         Reporting Agency” shall not mean a check accept-        including a law enforcement agency, or court, or
    Secretary of State                                                     ance service which provides check approval and          their agents or assigns.
                 ————————                                                  guarantees services to merchants.                         (2) A private collection agency for the sole pur-
                                                                             (3) (4) “Security alert” means a notice placed on     pose of assisting in the collection of an existing
                    ACT No. 765                                            a consumer file, at the request of the consumer,        debt of the consumer who is the subject of the
                       ———                                                 that is sent to a recipient of a consumer report        credit report requested.
                HOUSE BILL NO. 573                                         involving that consumer file, signifying the fact         (3) A person or entity, or a subsidiary, affiliate,
         BY REPRESENTATIVE JOHNS                                           that the consumer’s identity may have been used         or agent of that person or entity, or an assignee of
                      AN ACT                                               without the consumer’s consent to fraudulently          a financial obligation owing by the consumer to
To amend and reenact Code of Civil Procedure                               obtain goods or services in the consumer’s name.        that person or entity, or a prospective assignee of
  Article 3601 and to enact Code of Civil                                    (5) “Security freeze” means a notice placed on a      a financial obligation owing by the consumer to
  Procedure Article 3603(C), relative to civil pro-                        consumer file, at the request of the consumer and       that person or entity in conjunction with the pro-
  cedure; to provide relative to the issuance of                           subject to certain exceptions, that prohibits a         posed purchase of the financial obligation, with
  injunctions or restraining orders which prevent                          credit reporting agency from releasing the con-         which the consumer has or had prior to assign-
  the enforcement of child support orders; and to                          sumer’s credit report or credit score without the       ment an account or contract, including a demand
  provide for related matters.                                             express authorization of the consumer.                  deposit account, or to whom the consumer issued
Be it enacted by the Legislature of Louisiana:                                                    *   *  *                         a negotiable instrument, for the purposes of
  Section 1. Code of Civil Procedure Article 3601                            L. The following persons are not required to          reviewing the account or collecting the financial
is hereby amended and reenacted and Code of                                place a security alert or a security freeze on a        obligation owing for the account, contract, or
Civil Procedure Article 3603(C) is hereby enacted                          consumer credit report in accordance with this          negotiable instrument. For purposes of this
to read as follows:                                                        Part.                                                   Paragraph, “reviewing the account” includes


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                        THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
activities related to account maintenance, moni-                             C.(1) Whoever violates a provision of this             neously issuing or failing to issue or canceling
toring, credit line increases, and account                                 Section upon a first conviction shall be fined not       any instrument from the records of his office or in
upgrades and enhancements.                                                 more than five hundred dollars or imprisoned for         taking any other action with respect to his
  (4) A subsidiary, affiliate, agent, assignee, or                         not more than six months, or both.                       records, their indexes or other performance of his
prospective assignee of a person to whom access                              (2) Upon a second conviction, the offender shall       duties when:
has been granted under Subsection R for the pur-                           be fined not more than one thousand dollars and            (1) The clerk has been directed to do so by order
poses of facilitating the extension of credit.                             imprisoned for not more than one year, or both.          of any court of the state or United States or by any
  (5) A person, for the purposes of prescreening as                          (3) Upon a third or subsequent conviction, the         sheriff, marshal, or other officer pursuant to exe-
provided by the federal Fair Credit Reporting                              offender shall be fined not more than one thou-          cution of a writ issued by such a court or when an
Act.                                                                       sand dollars and shall be imprisoned for not more        officer is otherwise acting or purporting to act in
  (6) A credit reporting agency for the purposes of                        than one year, or both. At least ten days of the         his official capacity.
providing a consumer with a copy of his own                                sentence imposed shall be served without benefit           (2) When, acting as ex officio recorder of mort-
report on his request.                                                     of probation, parole, or suspension of sentence.         gages or conveyances, he cancels and erases from
  (7) A child support enforcement agency.                                    Approved by the Governor, July 6, 2004.                his records or takes any other action with respect
  (8) A credit reporting agency that acts only as a                        A true copy:                                             to any instrument in response to a request to do so
reseller of credit information by assembling and                             W. Fox McKeithen                                       when he is presented with the evidence or docu-
merging information contained in the database of                               Secretary of State                                   ments prescribed by law authorizing the same,
another credit reporting agency or multiple cred-                                         ————————                                  whether or not such requests or records are gen-
it reporting agencies and does not maintain a per-                                                                                  uine or what they purport to be.
manent database of credit information from                                                       ACT No. 768                          Section 2. No provision of this Act shall be
which new credit reports are produced. However,                                                    ———                              deemed to amend or repeal any existing provision
a credit reporting agency acting as a reseller shall                                        HOUSE BILL NO. 652                      of law relieving clerks of court or their deputies
honor any security freeze placed on a credit                                        BY REPRESENTATIVE PIERRE                        or employees from liability, personal or official,
report by another credit reporting agency.                                                         AN ACT                           when they are acting in any official capacity.
  (9) A check services or fraud prevention servic-                         To amend and reenact R.S. 30:86(E)(2), relative to         Approved by the Governor, July 6, 2004.
es company, which issues reports on incidents of                             the Oilfield Site Restoration Fund; to provide         A true copy:
fraud or authorizations for the purpose of approv-                           relative to the amount of the fund that can be           W. Fox McKeithen
ing or processing negotiable instruments, elec-                              used by the Department of Natural Resources                Secretary of State
tronic funds transfers, or similar methods of pay-                           for administration; and to provide for related                         ————————
ments.                                                                       matters.
  (10) A deposit account information service com-                          Be it enacted by the Legislature of Louisiana:                                ACT No. 770
pany, which issues reports regarding account clo-                            Section 1. R.S. 30:86(E)(2) is hereby amended                                  ———
sures due to fraud, substantial overdrafts, ATM                            and reenacted to read as follows:                                         HOUSE BILL NO. 797
abuse, or similar negative information regarding                             §86. Oilfield Site Restoration Fund                    BY REPRESENTATIVES TUCKER, K. CARTER,
a consumer, to inquiring banks or other financial                                                *   *   *                            ERDEY,       FUTRELL,        JOHNS,      ALARIO,
institutions for use only in reviewing a consumer                            E. The monies in the fund may be disbursed and           ALEXANDER, ANSARDI, ARNOLD, BAL-
request for a deposit account at the inquiring                             expended pursuant to the authority and direction           DONE, BAUDOIN, BAYLOR, BROOME, BRUCE,
bank or financial institution.                                             of the secretary or assistant secretary for the fol-       BRUNEAU, BURNS, BURRELL, CROWE, CUR-
  W. A credit reporting agency may impose a rea-                           lowing purposes and uses:                                  TIS, DAMICO, DANIEL, DEWITT, DOERGE,
sonable charge on a consumer for initially plac-                                                 *   *   *                            DORSEY, DOVE, DURAND, FANNIN, FAR-
ing a security freeze on a consumer file. The                                (2) The administration of this Part by the               RAR, FAUCHEUX, FLAVIN, FRITH, GLOVER,
amount of the charge may not exceed ten dollars.                           Department of Natural Resources in an amount               GRAY, E. GUILLORY, M. GUILLORY, HILL,
The charge to temporarily lift the security freeze                         not to exceed four hundred seventy-five thousand           HONEY, HUTTER, JACKSON, JEFFERSON,
may not exceed eight dollars per request. At no                            dollars for Fiscal Year 1997-1998 and five hun-            KATZ, KENNEY, LABRUZZO, LANCASTER,
time shall the consumer be charged for revoking                            dred thousand dollars for Fiscal Year 1998-1999            MARCHAND, MARTINY, MCDONALD, MUR-
the freeze. On January first of each year, a credit                        and every fiscal year thereafter seven hundred             RAY, PIERRE, PITRE, M. POWELL, T. POW-
reporting agency may increase the charge for                               fifty thousand dollars each fiscal year.                   ELL, QUEZAIRE, RICHMOND, RITCHIE,
placing a security alert based proportionally on                                                 *   *   *                            ROMERO, SALTER, SCALISE, SHEPHERD,
changes to the Consumer Price Index of All                                   Section 2. This Act shall become effective on            GARY SMITH, JACK SMITH, JOHN SMITH, ST.
Urban Consumers as determined by the United                                July 1, 2004; if vetoed by the governor and subse-         GERMAIN, STRAIN, THOMPSON, TOOMY,
States Department of Labor with fractional                                 quently approved by the legislature, this Act shall        TOWNSEND,             TRAHAN,           WALKER,
changes rounded to the nearest twenty-five cents.                          become effective on July 1, 2004, or the day fol-          WALSWORTH, AND WHITE AND SENATORS
An exception shall be allowed whereby the con-                             lowing such approval by the legislature, whichev-          ADLEY, AMEDEE, BAJOIE, BARHAM, BOAS-
sumer will be charged zero dollars by the con-                             er is later.                                               SO, BOISSIERE, CAIN, CHAISSON, CHEEK,
sumer reporting agency placing the security                                  Approved by the Governor, July 6, 2004.                  CRAVINS, DARDENNE, DUPLESSIS, DUPRE,
freeze if any of the following applies:                                    A true copy:                                               ELLINGTON,        FIELDS,       FONTENOT,      B.
  (1) If the consumer is a victim of identy theft                            W. Fox McKeithen                                         GAUTREAUX, N. GAUTREAUX, HAINKEL,
and, upon the request of the consumer reporting                                Secretary of State                                     HEITMEIER, HINES, HOLDEN, HOLLIS,
agency, provides the credit reporting agency with                                           ————————                                  IRONS, JACKSON, JONES, LENTINI, MALONE,
a police report described in R.S. 9:3568.                                                                                             MARIONNEAUX, MCPHERSON, MICHOT,
  (2) If the consumer is sixty-two years of age or                                               ACT No. 769                          MOUNT, NEVERS, ROMERO, SCHEDLER,
older.                                                                                              ———                               SMITH, THEUNISSEN, AND ULLO
  X. If a security freeze is in place, a credit report-                                     HOUSE BILL NO. 766                                              AN ACT
ing agency shall not change any of the following                                 BY REPRESENTATIVES GALLOT AND                      To enact R.S. 22:1214(7)(j) and 1425, relative to
official information in a consumer credit report                                                 ANSARDI                              automobile liability insurance; to provide for
without sending a written confirmation of the                                                      AN ACT                             active military personnel; to provide for premi-
change to the consumer within thirty days of the                           To enact R.S. 13:750 and 750.1, relative to limita-        um discounts; to provide for rebates; to provide
change being posted to the consumer’s file: name,                            tions of liability; to provide relative to limita-       for rules and regulations; to provide for the
date of birth, social security number, and                                   tions of liability for clerks of court; to provide       authority of the commissioner of insurance; and
address. Written confirmation is not required for                            relative to personal liability of clerks, deputy         to prohibit unfair trade practices as they relate
technical modifications of a consumer’s official                             clerks, and employees; to provide relative to            to the issuance of insurance to those who are or
information, including name and street abbrevia-                             when prescription commences to run; and to               have participated in certain military services;
tions, complete spellings, or transposition of num-                          provide for related matters.                             and to provide for related matters.
bers or letters. In the case of an address change,                         Be it enacted by the Legislature of Louisiana:           Be it enacted by the Legislature of Louisiana:
the written confirmation shall be sent to both the                           Section 1. R.S. 13:750 and 750.1 are hereby              Section 1. R.S. 22:1214(7)(j) and 1425 are hereby
new address and to the former address.                                     enacted to read as follows:                              enacted to read as follows:
  Y. Any consumer damaged by an intentional or                               §750. Liability of the clerk of court; limitations       §1214. Methods, acts, and practices which are
negligent violation of Subsections M through U                               A. Unless the law relieves him of such, the clerk      defined herein as unfair or deceptive acts or
may bring an action for and shall be entitled to                           of court in his official capacity as clerk of the        practices in the business of insurance:
recovery of actual damages, plus reasonable                                court, ex officio recorder of mortgages and con-                               *   *    *
attorney fees, court costs, and other reasonable                           veyances, or in any other capacity in which he             (7) Unfair discrimination.
costs of prosecution of the suit.                                          may act, is liable for any damage or loss caused by                            *   *    *
  Section 2. This Act shall become effective on                            his failure to properly perform the duties and             j. With regards to automobile liability insur-
July 1, 2005.                                                              obligations of the clerk while acting in such            ance, refusing to issue insurance coverage or
  Approved by the Governor, July 6, 2004.                                  capacity or that is caused by the fault of a clerk,      increasing insurance premiums solely based
A true copy:                                                               his deputies, or the employees of his office arising     upon a lapse in insurance coverage where the
  W. Fox McKeithen                                                         out of the performance of their duties.                  insured is serving in the military and has been
    Secretary of State                                                       B. The liability of a clerk in his official capacity   deployed and has performed military services out
                 ————————                                                  for the obligations of his office terminates when        of state and where the individual has previously
                                                                           he ceases to hold office and his successor is            surrendered his automobile license number plate
                      ACT No. 767                                          appointed, who shall then succeed in his official        to the office of motor vehicles in compliance with
                        ———                                                capacity to all of the obligations of the preceding      R.S. 47:505(B). This Paragraph shall apply to all
                HOUSE BILL NO. 640                                         holder of the office incurred in his official capac-     existing and new insurance policies as well as
BY REPRESENTATIVES M. GUILLORY, MAR-                                       ity.                                                     renewals of existing policies.
  TINY, RICHMOND, BADON, AND BROOME                                          C. All claims against the clerk in his official                              *   *    *
  AND SENATOR N. GAUTREAUX                                                 capacity are extinguished four years after the act         §1425. Military personnel premium discount;
                       AN ACT                                              or occurrence first giving rise to the claim             rebates
To enact R.S. 14:106.3, relative to offenses affect-                       whether or not the basis for the liability is a con-       A. Every motor vehicle insurer authorized to
  ing the general peace and order; to create the                           tinuing one. The prescription commences to run           transact business in this state shall provide to
  crime of unlawful exhibition of sexually explic-                         from the day the claimant acquires, or should            active military personnel based in this state a dis-
  it material in a motor vehicle; to provide for                           have acquired, knowledge of the act or occurence         count of twenty-five percent of the premium on
  penalties; to provide for definitions; and to pro-                       first giving rise to the claim.                          any automobile liability insurance policy pur-
  vide for related matters.                                                  §750.1. Personal liability of the clerk, his           chased in this state to cover motor vehicles owned
Be it enacted by the Legislature of Louisiana:                             deputies and employees                                   by such military personnel.
  Section 1. R.S. 14:106.3 is hereby enacted to read                         A. The clerk of court is not personally liable for       B. Insurers providing the discount authorized
as follows:                                                                any damage or loss arising out of the performance        by this Section to active military personnel shall
  §106.3. Unlawful exhibition of sexually explicit                         of the duties imposed upon him in any capacity or        be entitled to a rebate from the state in an amount
material in a motor vehicle; penalties                                     for any reason unless the damage or loss is caused       equal to the discount actually provided. Such
  A. It shall be unlawful for any person to knowl-                         by his willful, wanton, or intentional act designed      insurers shall submit to the commissioner of
ingly exhibit sexually explicit material in a motor                        to cause injury. Neither is the clerk personally         insurance the documents, evidence, and proof
vehicle on a public street, highway, public place,                         liable for the actions or negligence of any deputy       required, in accordance with the rules and regu-
or any place open to public view knowing that the                          or employee appointed or employed by him in the          lations adopted by the commissioner, to establish
material is visible to the public from outside the                         performance of any duty or obligation imposed            the discounts actually provided. Upon approval,
motor vehicle.                                                             upon the clerk in any capacity.                          the commissioner shall issue a warrant upon the
  B. For the purposes of this Section the term                               B. No deputy or other employee of the clerk of         state treasurer in favor of the insurer for payment
“exhibit sexually explicit material” means to                              court employed or appointed for the performance          of the amount approved.
present, exhibit, project, or display a motion pic-                        of any duty or obligation imposed upon the clerk           C. The commissioner of insurance shall adopt
ture, film, videotape, compact disc, digital versa-                        by law as clerk of the court, ex officio recorder of     rules and regulations, in accordance with the
tile disc, digital video disc, or any other form of                        mortgages and conveyances, or in any other               Administrative Procedure Act, to implement the
visual technology of any of the following:                                 capacity is liable for any damage or loss arising        provisions of this Section. The rules and regula-
  (1) Ultimate sexual acts, normal or perverted,                           out of or related to the performance of his duties       tions shall include and not be limited to the fol-
actual, simulated, or animated, whether between                            unless the damage or loss is caused by his willful,      lowing:
human beings, animals, or an animal and a human                            wanton, or intentional act designed to cause               (1) Provisions defining and delineating active
being.                                                                     injury.                                                  military personnel who may receive the discount.
  (2) The graphic depiction of sex, including but                            C. Neither the clerk in his official capacity nor        (2) Recordkeeping requirements for the insur-
not limited to the visual depiction of sexual activ-                       any of the deputies or employees are liable for          ers.
ity or nudity.                                                             improperly filing, failing or refusing to file, erro-      (3) Procedures for submitting claims for rebates.


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                        THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
  (4) A listing of the documents, evidence, and                            discretion and mitigate these civil fines or other     Notwithstanding any other provision of law to the
proof necessary to establish a valid claim.                                sanctions, or both, in cases where he is satisfied     contrary, no check-casher licensed or regulated
  (5) Time requirements and limitations for the                            the violator has abated the violation and demon-       under this Chapter shall directly or indirectly
submission of a claim, examination of the claim, a                         strated a sincere intent to prevent future viola-      charge or collect fees or other consideration for
final decision by the commissioner, and the                                tions. These civil fines shall not exceed one hun-     rendering currency exchange services in excess
issuance of a warrant.                                                     dred dollars per day per violation and shall not       of the following:
  (6) Other such provisions necessary for the prop-                        exceed ten thousand dollars per violator per cal-        (1) Two percent of the total amount of the check
er implementation of this Section.                                         endar year. These civil fines or other sanctions, or   presented for cashing or five dollars, whichever is
  Section 2. The premium tax rebate authorized                             both, may include but are not limited to:              greater, for checks issued by or drawn upon the
by this Act shall only grant one-half of the dis-                                                *   *   *                        account of a public welfare or public assistance
count for the fiscal year beginning July 1, 2005.                            Approved by the Governor, July 6, 2004.              agency of the United States, the state of
The full discount shall take effect on July 1, 2006.                       A true copy:                                           Louisiana, or any political subdivision of the
  Approved by the Governor, July 6, 2004.                                    W. Fox McKeithen                                     state.
A true copy:                                                                   Secretary of State                                   (2) Ten percent of the total amount of the check
  W. Fox McKeithen                                                                        ————————                                presented for cashing or five dollars, whichever is
    Secretary of State                                                                                                            greater, for all other checks or for money orders.
                ————————                                                                                                                                *   *   *
                                                                                                ACT No. 773                         Approved by the Governor, July 6, 2004.
                     ACT No. 771                                                                   ———                            A true copy:
                        ———                                                                HOUSE BILL NO. 973                       W. Fox McKeithen
                HOUSE BILL NO. 877                                                BY REPRESENTATIVE R. CARTER                         Secretary of State
         BY REPRESENTATIVE DORSEY                                                                  AN ACT                                          ————————
                        AN ACT                                             To amend and reenact R.S. 13:996.60(A), relative
To enact R.S. 46:1844(K)(2)(g), relative to rights of                        to judicial expense funds; to establish a judicial                         ACT No. 776
  crime victims; to provide with respect to the vic-                         expense fund for the Twentieth Judicial District                             ———
  tim impact statement; to provide with respect to                           Court; to retain provisions providing for the                        HOUSE BILL NO. 1508
  its content; and to provide for related matters.                           assessment of fees in civil and criminal matters,    BY REPRESENTATIVES GRAY AND RICH-
Be it enacted by the Legislature of Louisiana:                               depositing of sums collected into a separate           MOND
  Section 1. R.S. 46:1844(K)(2)(g) is hereby enacted                         account designated as the judicial expense           (On Recommendation of the Louisiana State Law
to read as follows:                                                          fund, annual audits, uses of the fund, and pro-        Institute)
  §1844. Basic rights for victim and witness                                 hibiting uses of the fund for salaries of the                                AN ACT
                      *   *    *                                             judges; and to provide for related matters.          To amend and reenact Children’s Code Article
  K. Right of victim or designated family member                           Notice of intention to introduce this Act has been       810 and to enact Children’s Code Article 809(E)
to be present and heard at all critical stages of the                        published as provided by Article III, Section 13       and (F), relative to juvenile delinquency pro-
proceedings.                                                                 of the Constitution of Louisiana.                      ceedings; to provide for the appointment of
                      *   *    *                                           Be it enacted by the Legislature of Louisiana:           counsel and notice of such appointment; to pro-
  (2) The statement of the victim or the victim’s                            Section 1. R.S. 13:996.60(A) is hereby amended         vide with respect to a waiver of right to counsel
family may:                                                                and reenacted to read as follows:                        in such proceedings; to provide for circum-
                      *   *    *                                             §996.60. Judicial expense fund Expense Fund            stances in which the right to counsel shall not
  (g) Contain any other information that the victim                        for the Twentieth Judicial District Court                be waived; and to provide for related matters.
or victim’s family wishes to share with the court                            A. The provisions of this Section apply to a judi-   Be it enacted by the Legislature of Louisiana:
regarding the overall effect of the crime upon the                         cial district court comprised of two parishes with       Section 1. Children’s Code Article 810 is hereby
victim and the victim’s family.                                            one parish having a population of between four-        amended and reenacted and Children’s Code
                      *   *    *                                           teen thousand seven hundred fifty and fifteen          Article 809(E) and (F) are hereby enacted to read
  Approved by the Governor, July 6, 2004.                                  thousand two hundred fifty and one parish having       as follows:
A true copy:                                                               a population between twenty-one thousand two             Art. 809. Right to counsel
  W. Fox McKeithen                                                         hundred eighty and twenty-one                                                *   *   *
    Secretary of State                                                       thousand five hundred according to the most            E. If the court finds that the interests of the
                ————————                                                   recent federal decennial census. the Twentieth         child and his parent or caretaker conflict, or if
                                                                           Judicial District Court.                               required in the interests of justice, the court shall
                      ACT No. 772                                                                *   *   *                        appoint an attorney to represent the child or refer
                        ———                                                  Approved by the Governor, July 6, 2004.              him for representation by the Indigent Defender
                HOUSE BILL NO. 889                                         A true copy:                                           Board.
          BY REPRESENTATIVE GRAY                                             W. Fox McKeithen                                       F. The clerk of court shall promptly send notice
                        AN ACT                                                 Secretary of State                                 of appointment to any attorney appointed in
To amend and reenact R.S. 40:6(B) and (D)(intro-                                           ————————                               accordance with this Article.
  ductory paragraph), relative to the sanitary                                                                                      Art. 810. Waiver of right to counsel
  code; to provide for the assessment of civil fines,                                            ACT No. 774                        A. The court may allow a child to waive the
  injunctions, or both, for violations of the sani-                                                ———                            assistance of counsel if the court determines that
  tary code; and to provide for related matters.                                           HOUSE BILL NO. 984                     all of the following exists:
Be it enacted by the Legislature of Louisiana:                                       BY REPRESENTATIVE PINAC                        (1) The child has consulted with an attorney, or
  Section 1. R.S. 40:6(B) and (D)(introductory para-                                               AN ACT                         other adult interested in the child’s welfare par-
graph) are hereby amended and reenacted to                                 To amend and reenact R.S. 11:1423(C), relative to      ent, or, if no parent, a caretaker as defined in
read as follows:                                                             the Louisiana Assessors’ Retirement Fund; to         Children’s Code Article 728.
  §6. Penalties for violation of state sanitary code                         provide relative to retirement options; to pro-        (2) That both the child and the adult advisor con-
                      *    *   *                                             vide relative to option reductions; to provide for   sulting with the child as provided in
  B.(1) Whoever violates those provisions of the                             an effective date; and to provide for related mat-   Subparagraph (A)(1) of this Article have been
sanitary code dealing with the isolation or quar-                            ters.                                                instructed by the court about the child’s rights
antine of communicable disease, or any person                              Notice of intention to introduce this Act has been     and the possible consequences of waiver.
having such a communicable disease that may                                  published as required by Article X, Section            (3) That the child is competent and is knowingly
cause a severe health hazard to the community                                29(C) of the Constitution of Louisiana.              and voluntarily waiving his right to counsel.
and who, after having been officially isolated or                          Be it enacted by the Legislature of Louisiana:           B. Such waiver may be accepted at any stage in
quarantined by any local health officer or by the                            Section 1. R.S. 11:1423(C) is hereby amended and     the proceedings and shall be evidenced by a writ-
state health officer or the duly authorized repre-                         reenacted to read as follows:                          ing reciting the requirements contained in
sentative of either health officer, violates the pro-                        §1423. Mode of payment; options; effective date      Paragraph A of this Article and signed by the
visions of the isolation or quarantine shall be                                                  *   *    *                       child and his attorney or other interested adult
fined not less than fifty dollars nor more than one                          C. Should a member upon retirement select his        and the adult consulting with the child and filed
hundred dollars or be imprisoned for not more                              or her spouse as his or her beneficiary under          in the record or by a verbatim transcript of the
than two years, or both.                                                   Option 2, or Option 3, the option reduction factor     proceedings which demonstrates compliance
  (2) Any person convicted of violating the provi-                         shall not be less than that factor determined as of    with Paragraph A of this Article.
sions of the sanitary code regarding isolation or                          the ages of the member and his or her beneficiary        C. The court shall appoint an attorney in any
quarantine under this Section may be confined                              on the member’s seventieth birthday. or Option 4,      case in which the interests of the child and his
either to the parish jail, to any state-operated hos-                      the actuarial equivalence and option reductions        parent or other adult advisor the adult consulting
pital, or to the hospital section of the state peni-                       shall be based on the ages of the member and his       with the child conflict or whenever appointment
tentiary, at the discretion of the court. If, howev-                       or her beneficiary as of the member’s sixtieth         of counsel is otherwise required in the interests
er, any person convicted under this Section and                            birthday. Should the member select a non-              of justice.
committed to any state operated state-operated                             spousal beneficiary under Option 4, the actuarial        D. The child shall not be permitted to waive
hospital unlawfully leaves that institution before                         equivalence and option reduction shall be based        assistance of counsel in the following circum-
serving his full sentence, the district court shall                        on the ages of the member and beneficiary as of        stances:
then commit him to the hospital section of the                             the later of the date of the member’s retirement         (1) In proceedings in which it has been recom-
state penitentiary. If the superintendent of any                           or the member’s sixtieth birthday. The actuarial       mended to the court that the child be placed in a
state operated state-operated hospital or the med-                         equivalence and option reduction factors for           mental hospital, psychiatric unit, or substance
ical director of the hospital at the state peniten-                        Option 2 benefits payable upon the death of a          abuse facility, nor in proceedings to modify said
tiary determines that any person committed to                              member while the member is still in service shall      dispositions.
their respective institution under this section                            be based on the ages of the member and his or her        (2) In proceedings in which he is charged with a
Section is no longer harboring a communicable                              spouse as of the member’s sixtieth birthday.           felony-grade delinquent act.
disease or if the disease is no longer in a commu-                           Section 2. This Act shall become effective on          (3) In probation or parole revocation proceed-
nicable or infectious state and the person has not                         October 1, 2004.                                       ings.
completed serving the sentence imposed upon                                  Approved by the Governor, July 6, 2004.                Approved by the Governor, July 6, 2004.
him, the said superintendent or medical director                           A true copy:                                           A true copy:
shall transmit this information immediately to the                           W. Fox McKeithen                                       W. Fox McKeithen
district court which committed the person, with a                              Secretary of State                                     Secretary of State
request for commutation of sentence, and said                                              ————————                                                ————————
district court is hereby authorized, in its discre-
tion, to commute said sentence. Nothing in this                                                 ACT No. 775
Section is to be construed as depriving any indi-                                                  ———                                                 ACT No. 777
vidual of the right to decline any medical treat-                                          HOUSE BILL NO. 990                                            ———
ment or to provide other care or treatment for                             BY REPRESENTATIVES BROOME AND RICH-                                   HOUSE BILL NO. 1555
himself or herself at his or her own expense,                                MOND AND SENATOR FIELDS                                    BY REPRESENTATIVE WALSWORTH
which care does not cause a severe health hazard                                                  AN ACT                                                AN ACT
to the community, provided that the sanitary and                           To amend and reenact R.S. 6:1009(A), relative to       To authorize and provide for the transfer of cer-
quarantine laws, rules, and regulations relating                             currency exchange services; to set maximum             tain property of the Louisiana State University
to communicable disease are complied with.                                   fees charged by check-cashers; and to provide          and Agricultural and Mechanical College in
                      *    *   *                                             for related matters.                                   Ouachita Parish to the Veteran’s Affairs Office
  D. In addition to a criminal prosecution, to                             Be it enacted by the Legislature of Louisiana:           of the State of Louisiana; and to provide for
assist in enforcement and encourage abatement                                Section 1. R.S. 6:1009(A) is hereby amended and        related matters.
of violations of the state Sanitary Code, the secre-                       reenacted to read as follows:                          Be it enacted by the Legislature of Louisiana:
tary of the Department of Health and Hospitals,                              §1009. Regulation of fees; unreasonable fees;          Section 1. The Board of Supervisors of the
upon the recommendation of the state health offi-                          display of fees                                        Louisiana State University and Agricultural and
cer, or their duly authorized representatives, may                           A. If a check presented for cashing is issued by     Mechanical College, notwithstanding any other
assess civil fines or other sanctions, including but                       or drawn upon the account of a public welfare or       provision of law to the contrary, is hereby author-
not limited to requesting injunctions, or both,                            public assistance agency of the United States, the     ized and empowered at its discretion to convey,
against violators of the state Sanitary Code.                              state of Louisiana, or any political subdivision of    transfer, assign, and deliver any interest, exclud-
Injunctions may be sought for Class A and Class B                          the state, then no check-casher licensed or regu-      ing mineral rights, that the Louisiana State
violations only. The secretary of the Department                           lated under this Chapter may charge, or collect in     University and Agricultural and Mechanical
of Health and Hospitals, upon the recommenda-                              any manner, a sum in excess of two percent of the      College may have to property in Ouachita Parish
tion of the state health officer, may exercise his                         total amount of the check presented for cashing.       to the Veteran’s Affairs Office of the State of


CODING: Words in struck through type are deletions from existing law; words under-         * As it appears in the enrolled bill                                       THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
Louisiana. The property to be transferred shall                              Section 3. Beginning in the 1999-2000 school year,       intended to supersede the obligations of entities
be within the sole discretion of the Board of                              each full-time classroom teacher employed in a pub-        subject to this Part to comply with the substance of
Supervisors of the Louisiana State University and                          lic elementary and secondary school, in a state            other applicable insurance laws insofar as they do
Agricultural and Mechanical College for the pur-                           school for the deaf, blind, spastic, and cerebral          not conflict with this Part, except that laws and reg-
pose of the establishment of a national cemetary                           palsied, and in Special School District Number One         ulations designed and intended to apply to Medicare
in Quachita Parish.                                                        whose employment requires a regular teacher's cer-         supplement insurance policies shall not be applied
  The general property description shall be as fol-                        tificate shall receive an increase in compensation by      to long-term care insurance.
lows:                                                                      the employing board funded from monies saved as a                                   * * *
  ‘A portion of the present LSU Agricultural                               result of the elimination of the requirement of law          §1734. Definitions
  Experiment Station property located at                                   for the granting of rest and recuperation sabbatical         Unless the context requires otherwise, the follow-
  Calhoun, Louisiana, comprising approximately                             leaves as provided in this Act. This increase in           ing definitions in this Section shall apply throughout
  fifty (50) acres and located in the West _ of                            teacher compensation shall be in addition to any           for purposes of this Part:
  Section 26, Township 18 North, Range 1 East,                             other increase granted to full-time certificated class-                             * * *
  Ouachita Parish, Louisiana. Said tract to bound-                         room teachers by a city, or parish, or other local pub-      (2) "Certificate" means any certificate issued under
  ed by U.S. Interstate 20 on the North; by U.S.                           lic school board funded through a state appropria-         a group long-term care insurance policy, which poli-
  Highway 80 on the South; and, by the eastern                             tion whether through the minimum foundation pro-           cy certificate has been delivered or issued for deliv-
  line of the present LSU Agricultural                                     gram formula or otherwise. Such monies saved shall         ery in this state whether or not a master policy has
  Experiment Station property on the East. The                             be the average of the total amount expended in a           been issued and approved in another state.
  West boundary of the tract will be fixed by sur-                         given city, or parish, or other local public school sys-                            * * *
  vey at a location which accommodates those                               tem or state school on such sabbaticals during the           (5)(a) "Long-term care insurance" means any insur-
  continuing operations of the LSU Agricultural                            1998-1999 school year and the three school years pre-      ance policy or rider advertised, marketed, offered,
  Experiment Station and yields fifty acres, more                          ceding the 1998-1999 school year. In each year after       or designed to provide coverage for not less than
  or less (50+/-), useable for the establishment of a                      1999-2000, the monies saved shall be the yearly aver-      twelve consecutive months for each covered person
  National Veteran’s Cemetery.’                                            age of the total amount expended in the previous           on an expense incurred, indemnity, prepaid, or
  Section 2. The Board of Supervisors of the                               three years. This calculation shall continue and sav-      other basis for one or more necessary or medically
Louisiana State University and Agricultural and                            ings shall be distributed as provided in this Section      necessary diagnostic, preventive, therapeutic, reha-
Mechanical College is hereby authorized at its                             until there are no years included in which money           bilitative, maintenance, or personal care services,
discretion to enter into such agreements,                                  was expended on such sabbaticals. In 1999-2000,            provided in a setting other than an acute care unit of
covenants, conditions, and stipulations and to                             2000-2001, 2001-2002, and 2002-2003, the monies saved      a hospital.
execute such documents as are necessary to prop-                           shall be the yearly average of the total amount              (b) Such term includes group and individual annu-
erly effectuate any conveyance, transfer, assign-                          expended in the previous three years. Beginning in         ities and life insurance policies or riders whether
ment, or delivery of title, excluding mineral                              2003-2004, the monies saved shall be the yearly aver-      that provide directly or supplement long-term care
rights, to the property described in Section 1                             age of the total amount expended in 1996-1997, 1997-       insurance. The term shall include a policy or rider
herein, and as more specifically described in any                          1998, and 1998-1999 and shall be included in the min-      that provides for payment of benefits based upon
such agreements entered into and documents                                 imum salary schedule used by the school system or          cognitive impairment or the loss of functional capac-
executed by and between the Board of                                       state school to compensate teachers. The manner in         ity. The term shall also include qualified long-term
Supervisors of the Louisiana State University and                          which such increase may be applied to teacher com-         care insurance contracts. Long-term care insurance
Agricultural and Mechanical College and the                                pensation within a given local school system shall be      may be issued by insurers, fraternal benefit soci-
Veteran’s Affairs Office of the State of Louisiana.                        determined by the city, or parish, or other local pub-     eties, nonprofit health, hospital, and medical service
  Section 3. This Act shall become effective upon                          lic school board for those teachers employed by such       corporations, prepaid health plans, health mainte-
signature by the governor or, if not signed by the                         school board, and by the State Board of Elementary         nance organizations, or any similar organization to
governor, upon expiration of the time for bills to                         and Secondary Education for those teachers who are         the extent they are otherwise authorized to issue life
become law without signature by the governor, as                           employed by the state board.                               or health insurance.
provided by Article III, Section 18 of the                                   Section 3. The State Board of Elementary and               (c) Long-term care insurance shall not include any
Constitution of Louisiana. If vetoed by the gover-                         Secondary Education shall determine and report to          insurance policy which is offered primarily to pro-
nor and subsequently approved by the legisla-                              the president of the Senate, the speaker of the House      vide basic Medicare supplement coverage, basic
ture, this Act shall become effective on the day                           of Representatives, and the chairmen of the Senate         hospital expense coverage, basic medical-surgical
following such approval.                                                   and House education committees prior to the 2005           expense coverage, hospital confinement indemnity
  Approved by the Governor, July 6, 2004.                                  Regular Session the amount of money required by            coverage, major medical expense coverage, disabili-
A true copy:                                                               the implementation of this Act to be included in the       ty income or related protection asset-protection cov-
  W. Fox McKeithen                                                         minimum salary schedule of each city, parish, and          erage, accident only coverage, specified disease or
    Secretary of State                                                     other local, state schools for the deaf, blind, spastic,   specified accident coverage, or limited benefit
                  ————————                                                 and cerebral palsied, and in Special School District       health coverage.
                                                                           Number One.                                                  (d) With regard to life insurance, this term does not
                       ACT No. 778                                           Section 4. This Act shall become effective upon sig-     include life insurance policies which accelerate the
                         ———                                               nature by the governor or, if not signed by the gover-     death benefit specifically for one or more of the
                  HOUSE BILL NO. 763                                       nor, upon expiration of the time for bills to become       qualifying events of terminal illness, medical condi-
          BY REPRESENTATIVE SALTER                                         law without signature by the governor, as provided         tions requiring extraordinary qualifying events of
                         AN ACT                                            in Article III, Section 18 of the Constitution of          terminal illness, medical conditions requiring
To amend and reenact Section 2 of Act No. 1341 and                         Louisiana. If vetoed by the governor and subse-            extraordinary medical intervention, or permanent
  Section 3 of Act No. 1342 both of the 1999 Regular                       quently approved by the legislature, this Act shall        institutional confinement, and which provide the
  Session as amended and reenacted by Act No. 338                          become effective on the day following such approval.       option of a lump-sum payment for those benefits and
  of the 2001 Regular Session; to specify time periods                       Approved by the Governor, July 8, 2004.                  in which where neither the benefits nor the eligibil-
  to be used for the calculation of cost savings to city,                  A true copy:                                               ity for the benefits is conditioned upon the receipt of
  parish, and other local public school boards, state                        W. Fox McKeithen                                         long-term care.
  schools for the deaf, blind, spastic, and cerebral                           Secretary of State                                       (e) Notwithstanding any other provision contained
  palsied, and in Special School District Number                                             ————————                                 herein, of law to the contrary, any product adver-
  One resulting from the elimination of statutory                                                                                     tised, marketed, or offered as long-term care insur-
  provisions relative to extended sick leave and rest                                              ACT No. 779                        ance shall be subject to the provisions of this Part.
  and recuperation sabbatical leaves for certain                                                     ———                                                       * * *
  school employees; to require that such saved                                               HOUSE BILL NO. 995                         (7)(a) "Qualified long-term care insurance contract''
  monies be included in the minimum salary sched-                                    BY REPRESENTATIVE MURRAY                         or "federally tax-qualified long-term care insurance
  ules used by the school system or state school to                                                 AN ACT                            contract" means an individual or group insurance
  compensate teachers; to provide for an effective                         To enact R.S. 42:808(A)(8), relative to the Office of      contract that meets the requirements of Section
  date; and to provide for related matters.                                  Group Benefits; to provide for the New Orleans dis-      7702B(b) of the Internal Revenue Code of 1986, as
Be it enacted by the Legislature of Louisiana:                               trict attorney and employees to be eligible for pro-     amended, as follows:
  Section 1. Section 2 of Act No. 1341 of the 1999                           grams offered by the Office of Group Benefits; to          (i) The only insurance protection provided under
Regular Session as amended and reenacted by Act                              provide for an effective date; and to provide for        the contract is coverage of qualified long-term care
No. 338 of the 2001 Regular Session is hereby amend-                         related matters.                                         services. A contract shall not fail to satisfy the
ed and reenacted to read as follows:                                       Be it enacted by the Legislature of Louisiana:             requirements of this Item by reason of payments
  Section 2. Beginning in the 1999-2000 school year,                         Section 1. R.S. 42:808(A)(8) is hereby enacted to        being made on a per diem or other periodic basis
each full-time classroom teacher employed in a pub-                        read as follows:                                           without regard to the expenses incurred during the
lic elementary and secondary school, in a state                              §808. Eligibility in group programs                      period to which the payments relate.
school for the deaf, blind, spastic, and cerebral                            A. For the purposes of participating in life, health,      (ii) The contract does not pay or reimburse expens-
palsied, and in Special School District Number One                         or other programs sponsored by the Office of Group         es incurred for services or items to the extent that
whose employment requires a regular teacher's cer-                         Benefits, an employee is defined as:                       the expenses are reimbursable under Title XVIII of
tificate shall receive an increase in compensation by                                              * * *                              the Social Security Act, as amended, or would be so
the employing board funded from monies saved as a                            (8) The district attorney or district attorney office    reimbursable but for the application of a deductible
result of the elimination of the requirement of law                        active employees of New Orleans.                           or coinsurance amount. The requirements of this
for the granting of extended sick leave as provided                                                * * *                              Item do not apply to expenses that are reimbursable
in this Act. This increase in teacher compensation                           Section 2. This Act shall become effective on July       under Title XVIII of the Social Security Act only as
shall be in addition to any other increase granted to                      1, 2004; if vetoed by the governor and subsequently        a secondary payor. A contract shall not fail to satisfy
full-time certificated classroom teachers by a city, or                    approved by the legislature, this Act shall become         the requirements of this Item by reason of payments
parish, or other local public school board funded                          effective on July 1, 2004, or on the day following such    being made on a per diem or other periodic basis
through a state appropriation whether through the                          approval by the legislature, whichever is later.           without regard to the expenses incurred during the
minimum foundation program formula or otherwise.                             Approved by the Governor, July 8, 2004.                  period to which the payments relate.
Such monies saved shall, in 1999-2000, be the average                      A true copy:                                                 (iii) The contract is guaranteed renewable, within
of the total amount expended in a given city, or                             W. Fox McKeithen                                         the meaning of Section 7702B(b)(1)(C) of the Internal
parish, or other local public school system or state                           Secretary of State                                     Revenue Code of 1986, as amended.
school on such extended sick leave during the 1998-                                          ————————                                   (iv) The contract does not provide for a cash sur-
1999 school year and the three school years preced-                                                                                   render value or other money that can be paid,
ing the 1998-1999 school year. In each year after 1999-                                                                               assigned, pledged as collateral for a loan, or bor-
2000, the monies saved shall be the yearly average of                                              ACT No. 780                        rowed except as provided in Item (v) of this
the total amount expended in the previous three                                                      ———                              Subparagraph.
years. This calculation shall continue and savings                                          HOUSE BILL NO. 1001                         (v) All refunds of premiums, and all policyholder
shall be distributed as provided in this Section until                     BY REPRESENTATIVE K. CARTER AND SENA-                      dividends or similar amounts, under the contract are
there are no years included in which money was                               TOR CRAVINS                                              to be applied as a reduction in future premiums or to
expended on such extended sick leave. In 1999-2000,                                                 AN ACT                            increase future benefits, except that a refund on the
2000-2001, 2001-2002, and 2002-2003, the monies saved                      To amend and reenact R.S. 22:1732, 1734(introducto-        event of death of the insured or a complete surren-
shall be the yearly average of the total amount                              ry paragraph), (2), and (5), and 1735 through 1737       der or cancellation of the contract cannot exceed the
expended in the previous three years. Beginning in                           and to enact R.S. 22:1734(7) and 1738 through 1741,      aggregate premiums paid under the contract.
2003-2004, the monies saved shall be the yearly aver-                        relative to long-term care insurance; to provide for       (vi) The contract meets the consumer protection
age of the total amount expended in 1996-1997, 1997-                         scope; to provide for definitions; to provide for dis-   provisions set forth in Section 7702B(g) of the
1998, and 1998-1999 and shall be included in the min-                        closure and performance standards; to provide for        Internal Revenue Code of 1986, as amended.
imum salary schedule used by the school system or                            nonforfeiture benefits; to provide for regulations;        (b) "Qualified long-term care insurance contract"
state school to compensate teachers. The manner in                           to provide for penalties; and to provide for related     or "federally tax-qualified long-term care insurance
which such increase may be applied to teacher com-                           matters.                                                 contract" also means the portion of a life insurance
pensation within a given local school system shall be                      Be it enacted by the Legislature of Louisiana:             contract that provides long-term care insurance cov-
determined by the city, or parish, or other local pub-                       Section 1. R.S. 22:1732, 1734(introductory para-         erage by rider or as part of the contract and that sat-
lic school board for those teachers employed by such                       graph), (2), and (5), and 1735 through 1737 are hereby     isfies the requirements of Sections 7702B(b) and (e)
school board, and by the State Board of Elementary                         amended and reenacted and R.S. 22:1734(7) and 1738         of the Internal Revenue Code of 1986, as amended.
and Secondary Education for those teachers who are                         through 1741 are hereby enacted to read as follows:          §1735. Extraterritorial jurisdiction; group long-
employed by the state board.                                                 §1732. Scope                                             term care insurance
  Section 2. Section 3 of Act No. 1342 of the 1999                           The requirements of this Part shall apply to poli-         No group long-term care insurance coverage may
Regular Session as amended and reenacted by Act                            cies delivered or issued for delivery in this state on     be offered to a resident of this state under a group
No. 338 of the 2001 Regular Session is hereby amend-                       or after September 1, 1989. Renewal policies shall         policy issued in another state to a group described in
ed and reenacted to read as follows:                                       comply with this Part, as amended. This Part is not        R.S. 22:1734(4)(d), unless this state or another state


CODING: Words in struck through type are deletions from existing law; words under-          * As it appears in the enrolled bill                                           THE ADVOCATE
scored (House Bills) and underscored and boldfaced (Senate Bills) are additions.
having statutory and regulatory long-term care                             certificates shall have a notice prominently printed         (b) (2) An explanation of any changes in the policy,
insurance requirements substantially similar to                            on the first page of the policy or attached thereto        including death benefits or cash values, due to the
those adopted in this state has made a determination                       stating in substance that the policyholder applicant       long-term care benefits being paid out.
that such requirements have been met.                                      shall have the right to return the policy or certificate     (c) (3) The amount of long-term care benefits exist-
  §1736. Disclosure and performance standards for                          within thirty days of its delivery and to have the pre-    ing or remaining.
long-term care insurance                                                   mium refunded if, after examination of the policy or         K. If a claim under a long-term care insurance con-
  A. Rules and regulations. The commissioner may                           certificate, the policyholder applicant is not satis-      tract is denied, the issuer shall within sixty days
adopt rules and regulations that include standards                         fied for any reason. This Subsection shall also apply      from the date of a written request by the policyhold-
for full and fair disclosure setting forth the manner,                     to denials of applications, and any refund shall be        er or certificateholder, or a representative thereof
content, and required disclosures for the sale of                          made within thirty days of the return or denial.           do the following:
long-term care insurance policies, terms of renewa-                          (2)(a) A person insured under a long-term care             (1) Provide a written explanation of the reasons for
bility, initial and subsequent conditions of eligibili-                    insurance policy issued pursuant to a direct               the denial.
ty, nonduplication of coverage provisions, coverage                        response solicitation shall have the right to return         (2) Make available all information directly related
of dependents, preexisting conditions, termination                         the policy within thirty days of its delivery and to       to the denial.
of insurance, continuation or conversion, probation-                       have the premium refunded if, after examination,             L. No policy may be advertised, marketed, or
ary periods, limitations, exceptions, reductions,                          the insured person is not satisfied for any reason.        offered as long-term care or nursing home insurance
elimination periods, requirements for replacement,                           (b) Long-term care insurance policies issued pur-        unless it complies with the provisions of this Part.
recurrent conditions, and definitions of terms.                            suant to a direct response solicitation shall have a         §1737. Administrative procedures Incontestability
  B. Prohibitions. No long-term care insurance poli-                       notice prominently printed on the first page or            period
cy may:                                                                    attached thereto stating in substance that the               Rules and regulations adopted pursuant to this
  (1) Be cancelled, nonrenewed, or otherwise termi-                        insured person shall have the right to return the pol-     Part shall be in accordance with the provisions of
nated on the grounds of the age or the deterioration                       icy within thirty days of its delivery and to have the     the Administrative Procedure Act.
of the mental or physical health of the insured indi-                      premium refunded if after examination the insured            A. For a policy or certificate that has been in
vidual or certificate holder;.                                             person is not satisfied for any reason.                    force for less than six months, an insurer may
  (2) Contain a provision establishing a new waiting                         G. Outline of coverage. (1) An outline of coverage       rescind a long-term care insurance policy or cer-
period in the event existing coverage is converted to                      shall be delivered to a prospective applicant for          tificate or deny an otherwise valid long-term care
or replaced by a new or other form within the same                         long-term care insurance at the time of initial solici-    insurance claim upon a showing of misrepresen-
company, except with respect to an increase in ben-                        tation through means which prominently direct the          tation that is material to the acceptance of the
efits voluntarily selected by the insured individual                       attention of the recipient of the document and its         coverage.
or group policyholder.                                                     purpose.                                                     B. For a policy or certificate that has been in force
  (3) Provide coverage for skilled nursing care only                         (a) The commissioner shall prescribe a standard          for at least six months but less than two years, an
or provide significantly more coverage for skilled                         format, including style, arrangement, and overall          insurer may rescind a long-term care insurance pol-
care in a facility than coverage for lower levels of                       appearance, and the content of an outline of cover-        icy or certificate or deny an otherwise valid long-
care.                                                                      age.                                                       term care insurance claim upon a showing of mis-
  (4) Be marketed or sold as a federally tax-exempt                          (b) In the case of agent producer solicitations, an      representation that is both material to the accept-
policy, unless such policy contains provisions for                         agent must a producer shall deliver the outline of         ance for coverage and which pertains to the condi-
automatic amendment to conform with mandatory                              coverage prior to the presentation of an application       tion for which benefits are sought.
federal requirements necessary to maintain such                            or enrollment form.                                          C. After a policy or certificate has been in force for
tax-exempt status and provides notice thereof                                (c) In the case of direct response solicitations, the    two years, it is not contestable upon the grounds of
approved by the commissioner.                                              outline of coverage must be presented in conjunc-          material misrepresentation alone; such policy or
  C. Preexisting condition. (1) No long-term care                          tion with any application or enrollment form.              certificate may be contested only upon a showing
insurance policy or certificate other than a policy or                       (2) The outline of coverage shall include each of        that the insured knowingly and intentionally mis-
certificate thereunder issued to a group as defined                        the following:                                             represented material facts relating to the insured's
in R.S. 22:1734(4)(a) shall use a definition of "preex-                      (a) A description of the principal benefits and cov-     health.
isting condition" which is more restrictive than the                       erage provided in the policy.                                D.(1) No long-term care insurance policy or cer-
following: "preexisting condition" means a condition                         (b) A statement of the principal exclusions, reduc-      tificate may be field issued based on medical or
for which medical advice or treatment was recom-                           tions, and limitations contained in the policy.            health status.
mended by, or received from, a provider of health                            (c) A statement of the terms under which the poli-         (2) For purposes of this Section, "field issued"
care services, within six months preceding the effec-                      cy or certificate, or both, may be continued in force      means a policy or certificate issued by a producer or
tive date of coverage of an insured person.                                or discontinued, including any reservation in the          a third-party administrator pursuant to the under-
  (2) No long-term care insurance policy or certifi-                       policy of a right to change premium. Continuation or       writing authority granted to the producer or third-
cate other than a policy or certificate thereunder                         conversion provisions of group coverage shall be           party administrator by an insurer.
issued to a group as defined in Section R.S.                               specifically described.                                      E. If an insurer has paid benefits under the long-
22:1734(4)(a) may exclude coverage for a loss or con-                        (d) A statement that the outline of coverage is a        term care insurance policy or certificate, the benefit
finement which is the result of a preexisting condi-                       summary only, not a contract of insurance, and that        payments may not be recovered by the insurer in the
tion unless such loss or confinement begins within                         the policy or group master policy contains governing       event that the policy or certificate is rescinded.
six months following the effective date of coverage of                     contractual provisions.                                      F. In the event of the death of the insured, this
an insured person.                                                           (e) A description of the terms under which the pol-      Section shall not apply to the remaining death bene-
  (3) The commissioner may extend the limitation                           icy or certificate may be returned and premium             fit of a life insurance policy that accelerates benefits
periods set forth in Paragraphs (C)(1) and (C)(2) of                       refunded. and                                              for long-term care. In this situation, the remaining
this Section as to specific age group categories in                          (f) A brief description of the relationship of cost of   death benefits under these policies shall be gov-
specific policy forms upon findings that the exten-                        care and benefits.                                         erned by R.S. 22:170. In all other situations, this
sion is in the best interest of the public.                                  (g) A statement that discloses to the policyholder or    Section shall apply to life insurance policies that
  (4) The definition of "preexisting condition" does                       certificateholder whether the policy is intended to        accelerate benefits for long-term care.
not prohibit an insurer from using an application                          be a federally tax-qualified long-term care insur-           §1738. Nonforfeiture benefits
form designed to elicit the complete health history                        ance contract under 7702B(b) of the Internal                 A. Except as provided in Subsection B of this
of an applicant, and on the basis of the answers on                        Revenue Code of 1986, as amended.                          Section, a long-term care insurance policy may not
that application, from underwriting in accordance                            H. Insurance certificate. A certificate issued pur-      be delivered or issued for delivery in this state
with that insurer's established underwriting stan-                         suant to a group long-term care insurance policy           unless the policyholder or certificateholder has
dards. Unless otherwise provided in the policy or                          which policy is delivered or issued for delivery in        been offered the option of purchasing a policy or
certificate, a preexisting condition, regardless of                        this state shall include:                                  certificate including a nonforfeiture benefit. The
whether it is disclosed on the application, need not                         (1) A description of the principal benefits and cov-     offer of a nonforfeiture benefit may be in the form of
be covered until the waiting period described in R.S.                      erage provided in the policy.                              a rider that is attached to the policy. In the event the
22:1736(C)(2) expires. No long-term care insurance                           (2) A statement of the principal exclusions, reduc-      policyholder or certificateholder declines the non-
policy or certificate may exclude or use waivers or                        tions, and limitations contained in the policy. and        forfeiture benefit, the insurer shall provide a con-
riders of any kind to exclude, limit, or reduce cover-                       (3) A statement that the group master policy deter-      tingent benefit upon lapse that shall be available for
age or benefits for specifically named or described                        mines governing contractual provisions.                    a specified period of time following a substantial
preexisting diseases or physical conditions beyond                           I. H. Prohibitions. No policy may be advertised,         increase in premium rates.
the waiting period described in R.S. 22:1736(C)(2).                        marketed, or offered as long-term care or nursing            B. When a group long-term care insurance policy is
  D. Prior hospitalization or institutionalization.                        home insurance unless it complies with the provi-          issued, the offer required in Subsection A of this
Prior hospitalization/institutionalization. (1) No                         sions of this Part. If an applicant for a long-term care   Section shall be made to the group policyholder.
long-term care insurance policy may be delivered or                        insurance contract or certificate is approved, the         However, if the policy is issued as group long-term
issued for delivery in this state if such policy does                      issuer shall deliver the contract or certificate of        care insurance as defined in R.S. 22:1734(4), other
any of the following:                                                      insurance to the applicant no later than thirty days       than to a continuing care retirement community or
  (a) Conditions eligibility for any benefits on a prior                   after the date of approval.                                other similar entity, the offering shall be made to
hospitalization requirement.                                                 J. I. Policy summary. (1) At the time of policy deliv-   each proposed certificateholder.
  (b) Conditions eligibility for benefits provided in                      ery, a policy summary shall be delivered for an indi-        C. The commissioner shall promulgate regulations
an institutional care setting on the receipt of a high-                    vidual life insurance policy which provides long-          specifying the type or types of nonforfeiture benefits
er level of institutional care.                                            term care benefits within the policy or by rider. In       to be offered as part of long-term care insurance
  (c) Conditions eligibility for any benefits other                        the case of direct-response solicitations, the insurer     policies and certificates, the standards for nonfor-
than a waiver of the premium, post-confinement,                            shall deliver the policy summary upon the appli-           feiture benefits, and the rules regarding contingent
post-acute care, or recuperative benefits on a prior                       cant's request, but regardless of the request shall        benefit upon lapse, including a determination of the
institutionalization requirement.                                          make the delivery no later than at the time of the pol-    specified period of time during which a contingent
  (2)(a) A long-term care insurance policy containing                      icy delivery. In addition to compliance complying          benefit upon lapse will be available and the sub-
any limitations or conditions for eligibility other                        with applicable requirements, the summary shall            stantial premium rate increase that triggers a con-
than those prohibited in Paragraph D(1) of this                            also contain: include:                                     tingent benefit upon lapse as described in
Section post-confinement, post-acute care, or recu-                          (a) (1) An explanation of how the long-term care         Subsection A of this Section.
perative benefits shall clearly label in a separate                        benefit interacts with other components of the poli-         §1739. Authority to promulgate regulations
paragraph of the policy or certificate entitled                            cy, including deductions from death benefits.                The commissioner shall issue reasonable regula-
"Limitations or Conditions on Eligibility for                                (b) (2) An illustration of the amount of benefits, the   tions to promote premium adequacy and to protect
Benefits", such limitations or conditions, including                       length of the benefit, and the guaranteed lifetime         the policyholder in the event of substantial rate
any required number of days of confinement.                                benefits, if any, for each covered person.                 increases and to establish minimum standards for
  (b) A long-term care insurance policy or rider                             (c) (3) Any exclusions, reductions, and limitations      marketing practices, producer compensation, pro-
which conditions eligibility of non-institutional ben-                     on benefits of long-term care.                             ducer testing, penalties, and reporting practices for
efits on the prior receipt of institutional care shall                       (4) A statement that any long-term care inflation        long-term care insurance.
not require a prior institutional stay of more than                        protection option required by §1919 of Regulation 46         §1740. Administrative procedure
thirty days. for which benefits are paid.                                  is not available under this policy.                          Regulations adopted pursuant to this Part shall be
  (3) No long-term care insurance policy or rider                            (d) (5) If applicable to the type of policy type, the    adopted in accordance with the provisions of the
which provides benefits only following institutional-                      summary shall also include each of the following:          Administrative Procedure Act.
ization shall condition such benefits upon admission                         (a) A disclosure of the effects of exercising other        §1741. Penalties
to a facility for the same or related conditions with-                     rights under the policy.                                     In addition to any other penalties provided by law,
in a period of less than thirty days after discharge                         (b) A disclosure of guarantees related to long-term      any insurer and any producer found to have violated
from the institution.                                                      care costs of insurance charges. and                       any requirement of this state relating to the regula-
  E. Rules and regulations for loss ratio standards.                         (c) Current and projected maximum lifetime bene-         tion of long-term care insurance or the marketing of
The commissioner may adopt rules and regulations                           fits.                                                      such insurance shall be subject to a fine of up to
establishing loss ratio standards for long-term care                         (6) The provisions of the policy summary listed          three times the amount of any commissions paid for
insurance policies provided that a specific refer-                         above may be incorporated into a basic illustration        each policy involved in the violation or up to ten
ence to long-term care insurance policies is con-                          required to be delivered in accordance with §3309          thousand dollars, whichever is greater.
tained in the regulation.                                                  and §3311 of Regulation 55.                                  Section 2. This Act shall become effective on
  F. Right to return; free examination. return-free                          (2) J. At Any time that a long-term care benefit,        January 1, 2005.
look. (1) `Individual Long-term care insurance poli-                       funded through a life insurance method vehicle by            Approved by the Governor, July 8, 2004.
cyholders applicants shall have the right to return                        the acceleration of the death benefit, is in benefit       A true copy:
the policy or certificate within thirty days of its                        payment status, a monthly report shall be provided           W. Fox McKeithen
delivery and to have the premium refunded if, after                        to the policyholder. at no cost. The report shall               Secretary of State
examination of the policy or certificate, the policy-                      include the following:                                                        ————————
holder applicant is not satisfied for any reason.                            (a) (1) Any long-term care benefits paid out during
Individual Long-term care insurance policies and                           the month.


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

				
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