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.