ACTS OF 2010 LEGISLATURE

Transcription

1 ACTS OF 2010 LEGISLATURE Acts ACT No. 390 HOUSE BILL NO. 856 BY REPRESENTATIVE TIM BURNS (On Recommendation of the Louisiana State Law Institute) To amend and reenact R.S. 9:1725(5), 1893, 1895(A), 1971, 2004(2), 2011, 2025, and 2045 and to enact R.S. 9:1973(C), 2031, and 2235, relative to the Louisiana Trust Code; to provide for the definition of proper court ; to provide for class trusts; to provide for the interests of beneficiaries; to provide for the correction of cross references; to provide relative to the shifting of the interest of a principal beneficiary; to provide for the delegation of the right to terminate, modify, or amend certain trust provisions; to provide for the delegation of the right to revoke a trust; and to provide for related Section 1. R.S. 9:1725(5), 1893, 1895(A), 1971, 2004(2), 2011, 2025, and 2045 are hereby amended and reenacted and R.S. 9:1973(C), 2031, and 2235 are hereby enacted to Definitions Except when the context clearly indicates otherwise, as used in this Code: (5) Proper court in the case of an inter vivos trust means the district court of the parish designated by the settlor, or if no designation is made, the district court of the parish of the trustee s domicile when only one trustee is named, or when more than one trustee is named, or when the trustee is a nonresident, the district court of the parish where the principal trust property is located, but if the settlor has named two or more trustees in the trust instrument and they are domiciled in the same parish, the district court of the trustee s domicile shall be the proper court. If the settlor designates the court, he shall designate: (a) the district court of the parish of the domicile of the trustee; (b) the district court of the parish of the domicile of the settlor; or (c) the district court of the parish where the principal trust property is located. Proper court in the case of a testamentary trust means the district court having jurisdiction of the settlor s succession. Proper court means the court as determined by the provisions of R.S. 9: Income and principal designations A class trust may be created with respect to all of or a portion of income or principal, or both, but the members of the class must always be the sole beneficiaries of the interest affected, whether income, principal, or both of the portion of the trust of which they are beneficiaries. Subject to R.S. 9:2068, the trustee may invade principal for the benefit of one or more individual income beneficiaries or one or more members of any class of income beneficiaries, even though such income beneficiary may not be a member of the class of principal beneficiaries Effect of death of class member during the term of the trust A. An interest of a member of the class who dies during the term of the trust vests in his heirs or legatees, but unless the trust instrument may provide provides any one of the following: CODING: Words in struck through type are deletions from existing law; words underscored (1) That that the interest of a member of the class who dies intestate and without descendants during the term of the trust vests in the other members of the class, or,. (2) Except except as to the legitime in trust, that the interest of a member of the class who dies without descendants during the term of the trust or at its termination vests in the other members of the class. (3) Except as to the legitime in trust, that the interest of a member of the class who dies leaving one or more descendants vests in the beneficiary s descendant heirs Time of acquisition of interest The interest of a principal beneficiary is acquired immediately upon the creation of a trust, subject to the exceptions provided in this Code and in Civil Code Article 1521(A)(2) Shifting interest in principal C. The trust instrument may provide that the interest of a designated principal beneficiary of a revocable trust shifts to another person or persons, if the substitution occurs no later than the date when the trust becomes irrevocable Seizure by creditor; general rule A creditor may seize only: (2) A beneficiary s interest in income and principal, to the extent that the beneficiary has donated property to the trust, directly or indirectly. A beneficiary will not be deemed to have donated property to a trust merely because he fails to exercise a right of withdrawal from the trust General rule A revocable trust instrument need not designate the beneficiaries upon the creation of the trust but may instead provide a method whereby they are determined at a later time date, but no later than the time date when the trust becomes irrevocable. A beneficiary thus determined may be a person who is not in being when the trust is created, as long as he is in being when the beneficiaries are determined. If beneficiaries are thus determined, any provision in this Code that refers to persons in existence at the creation of the trust shall be deemed to refer to persons in existence at the time when the beneficiaries are determined under the trust instrument. The interest of the beneficiary may be conditioned upon the beneficiary surviving the settlor for a period of time permitted by Civil Code Article 1521(A)(2) Delegation of right to terminate or to modify administrative provisions A settlor may delegate to another person the right to terminate a trust, or to modify the administrative provisions of a trust, but the right to modify other provisions of a trust may not be delegated except as provided in R.S. 9: Delegation of right to amend A trust instrument may authorize a person other than the settlor to modify the provisions of the trust instrument in order to add or remove beneficiaries, or modify their rights, if all of the affected beneficiaries are descendants of the person given the power to modify. Comment A power to amend granted under this Section will not be allowed to the extent that the exercise of the power would impinge on a beneficiary s legitime held in the trust. See R.S. 9: Delegation of right to revoke A settlor who has reserved the right to revoke a trust may delegate that the right. only by an express statement in the trust instrument or in a power of attorney executed in authentic form * As it appears in the enrolled bill referring to the trust. The delegation may be accomplished only by an express statement in the trust instrument or in a power of attorney executed by authentic act referring to the trust. The right to amend may not be delegated except as provided in R.S. 9:2025 and Proper court The proper court for an action under this Chapter shall be determined as follows: A.(1) In the case of an inter vivos trust, the proper court shall be the district court of any parish that the trust instrument effectively designates as the proper court. (2) If the trust instrument fails to designate a proper court for an inter vivos trust, any of the following are proper courts: (a) The district court of the parish in which a settlor was domiciled when the trust was created. (b) If the trust has a trustee domiciled in Louisiana, the district court of the parish in which a trustee is domiciled. (c) If the trust has no trustee domiciled in Louisiana, the district court in which the agent for service of process of any nonresident trustee is domiciled. (3) If the trust instrument fails to designate a proper court for an inter vivos trust, and none of the courts specified in Paragraph (2) of this Subsection are available, the proper court shall be the Nineteenth Judicial District Court. B. In the case of a testamentary trust, the proper court shall be the district court of the parish having jurisdiction over the settlor s succession, which shall continue as the proper court unless the settlor in the trust instrument has designated a proper court. In that event, the settlor s designation shall be effective after the trustee is put into possession of the entire legacy. C. The foregoing notwithstanding, in the case of a testamentary trust after the trustee is put into possession of the entire legacy, and in the case of any inter vivos trust, the proper court shall be any court agreed to by all trustees, beneficiaries, and living settlors. D. Once a matter regarding an inter vivos trust has been litigated in a district court, that court shall continue as the sole proper court absent the agreement described in Subsection C of this Section. E. Amendments to a trust instrument that attempt to designate a proper court after institution of an action shall have no effect on the selection of the proper court. Section 2. The provisions of this Act shall apply to all trusts, whether created before or after the effective date of this Act, but R.S. 9:1895(A)(3) shall apply only to substitutions occurring after the effective date of this Act. Approved by the Governor, June 21, ACT No. 391 HOUSE BILL NO. 858 BY REPRESENTATIVE GALLOT To amend and reenact R.S. 33: (C) and , relative to economic development districts; to provide relative to districts created by local governmental subdivisions; to provide additional procedures with respect to the creation of such districts; to provide relative to district funding; to authorize the districts to dedicate a portion of tax proceeds to finance economic development projects; and to provide for related Section 1. R.S. 33: (C) and are hereby amended and reenacted to read as follows: THE ADVOCATE, Baton Rouge, La., Tuesday, July 20, 2010 PAGE 129

2 Creation of economic development district C.(1) Prior to the adoption of the ordinance, a notice describing the boundaries of the proposed district or containing a map showing the boundaries of the district shall be published two times in the official journal of the local governmental subdivision. (2) Notwithstanding any other provision of law to the contrary, if the governing authority of a municipality proposes to establish, by ordinance, an economic development district whose boundaries include any portion of the unincorporated territory of a parish, then the governing authority of the municipality shall not adopt the ordinance to create any such district without the prior written consent of the governing authority of the parish. (3) Notwithstanding any other provision of law to the contrary, if the governing authority of a parish proposes to establish, by ordinance, an economic development district whose boundaries include any territory located within the corporate limits of a municipality, then the governing authority of the parish shall not adopt the ordinance to create any such district without the prior written consent of the governing authority of the municipality Items which are included in the costs of an economic development project A. The costs of an economic development project incurred by the local governmental subdivision or other authorized entity may include the sum total of all reasonable or necessary costs incurred incidental to or in furtherance of an economic development project, including but not limited to the following, providing that any such costs are reasonably related or attributable to an approved economic development plan: (1) Costs of studies, surveys, development of plans and specifications, preparation, implementation and administration of an economic development plan, personnel and professional service costs for architectural, engineering, legal, marketing, financial, planning, police, fire, public works, or other services, provided that no charges for professional services may be based on a percentage of incremental tax revenues, and specifically including, without limitation, payments to developers or other nongovernmental persons as reimbursement for on- and off-site preparation costs incurred on behalf of, and the payment of which is approved by, the local governmental subdivision or other authorized entity. (2) Property acquisition and assembly costs within an economic development district, specifically approved by the local governmental subdivision or other authorized entity, including but not limited to acquisition of land and other real or personal property or rights or interests therein. (3) On- and off-site preparation costs, specifically approved by the local governmental subdivision or other authorized entity, including but not limited to clearance of any area within or about an economic development district by demolition or removal of any existing buildings, structures, fixtures, utilities and improvements, and clearing and grading and, including without limitation installation, repair, construction, reconstruction, or relocation of public streets, public utilities, and other public improvements within or without an economic development district which are essential to the preparation of an economic development district for use in accordance with an economic development plan. (4) Costs of renovation, rehabilitation, relocation, repair, or remodeling of any existing buildings, improvements, and fixtures within an economic development district, specifically approved by the local governmental subdivision or other authorized entity. (5) Costs of construction within or about an economic development district of public improvements, specifically approved by the local THE ADVOCATE PAGE 130 governmental subdivision or other authorized entity, including but not limited to buildings, structures, works, utilities, or fixtures. (6) Financing costs of the local governmental subdivision or other authorized entity, including but not limited to all necessary and incidental expenses related to the issuance of obligations, payment of any interest on any obligations issued hereunder which accrues during the estimated period of construction of any economic development project for which such obligations are issued and thereafter, and any reasonable reserves related to the issuance of such obligations. (7) All or a portion of a local governmental subdivision or other authorized entity capital costs resulting from an economic development project necessarily incurred or estimated to be incurred by a local governmental subdivision or other authorized entity incidental to or in the furtherance of the objectives of an economic development project, to the extent that the local governmental subdivision or other authorized entity by written agreement accepts and approves such costs. B. The governing authority of an economic development district may, pursuant to an intergovernmental agreement, dedicate a portion of ad valorem, sales, or hotel occupancy taxes, or any combination thereof, collected within the boundaries of a district pursuant to this Part, for use in the financing of an economic development project located within the boundaries of any local governmental subdivision or economic development district. on July 1, 2010; if vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on July 1, 2010, or on the day following such approval by the legislature, whichever is later. Approved by the Governor, June 21, ACT No. 392 HOUSE BILL NO. 876 BY REPRESENTATIVES ST. GERMAIN AND DOVE AND SENATOR N. GAUTREAUX To amend and reenact R.S. 56:427(A) and 428(B), relative to oyster leases; to delineate responsibility for obtaining a survey of the lease area; to provide relative to a lease application fee; and to provide for related Section 1. R.S. 56:427(A) and 428(B) are hereby amended and reenacted to 427. Initial application for lease A. Any person who qualifies under this Subpart and who desires to lease a part of the bottom or bed of any of the waters of this state as provided in this Subpart shall present to the secretary a written application, with a cash deposit of such amount as is determined by the department. and pay an application fee set by the commission. This application shall contain the name and address of the applicant and a reasonably definite description of the location and amount of land covered by water desired by the applicant. The applicant shall ask that the application be registered, that the water bottom be surveyed, that a plan or map of survey thereof be made, and that the water bottom described be leased to the applicant under the provisions of this Subpart. The department shall then register the application, shall order an examination to determine whether the water bottoms applied for are leasable, and shall determine the basis upon which the rental of the lease shall be fixed. If the area is found to be leasable, a survey and plan shall be made at the expense of the applicant, at a fee to be fixed by the commission. The expense shall be paid by the applicant to the department in compensation for the services of making the survey, at the time the survey is made. the applicant shall submit to the department a survey of the area for which the application was submitted. Such survey shall have been conducted in accordance with the standards required by the department. The application shall remain in effect and valid until such time as the survey is complete. If the application is favorably acted upon, the secretary may, at his option, execute a lease for the water bottoms to the applicant as soon as the survey has been made, and the plan or map thereof has been filed with the department, and the costs have been paid by the applicant Commencement and duration of lease; renewal; fixing of rental rates B. The secretary has sixty days from the date of expiration of a lease to execute a renewal lease. If a renewal lease is not executed within this sixty day period, the lease is automatically renewed. In either situation, the fifteen year period of the renewal lease shall begin on the first day following the expiration date of the prior lease, and the renewal lease shall be assigned the same number used for the prior lease with the addition of a designation to indicate which year the lease was renewed. A If a leaseholder wishes to change the configuration of his lease in accordance with the department s rules governing leased areas, a resurvey and plan of the water bottom included in a renewal lease shall be made by the department at the expense of the leaseholder in accordance with the standards required by the department and at the fee set by the commission and a copy supplied to the department. This resurvey and plan may be made subsequent to the beginning date of a renewal lease. The expense of the resurvey and plan shall be paid by the leaseholder in compensation for the services of making the resurvey at the time the resurvey is made. The The department may resurvey any lease for potential conflicts with department rules and regulations. If the department determines that a resurvey will be conducted, the leaseholder shall be given ten days written notice of the scheduled resurvey by the department and may be present at the resurvey. Approved by the Governor, June 21, ACT No. 393 HOUSE BILL NO. 897 BY REPRESENTATIVE FOIL To amend and reenact R.S. 30:2054(B)(8) and R.S. 32:1306(C)(3)(a) and (4), relative to motor vehicle inspection and maintenance programs; to require certain motor vehicle inspections in certain ozone nonattainment areas; and to provide for related Section 1. R.S. 30:2054(B)(8) is hereby amended and reenacted to Air quality control; secretary of environmental quality; powers and duties B. The secretary shall have the following powers and duties: (8) To establish and implement a program for the control and abatement of motor vehicle emissions in accordance with R.S. 30:2060 and other applicable state and federal laws, particularly the Clean Air Act as amended, but not to exceed the requirements provided in such Act act unless specifically authorized. Such program shall be applicable only in parishes and municipalities * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored

3 that have been placed on the nonattainment list for ozone standards and classified as serious or worse as necessary to comply with the requirements of the federal Clean Air Act or regulations promulgated by the United States Environmental Protection Agency as of June 30, If such program includes the periodic inspection of motor vehicles, the frequency of performing such inspections shall be as allowed by federal law or regulations or by agreements with federal agencies. During each calendar year, the secretary may exempt vehicles of that model year and vehicles from prior model years from on board diagnostic (OBD II) testing. The fees due the department for this program pursuant to R.S. 32:1306(C)(3) shall be deposited into the Environmental Trust Fund. The inspection and maintenance of motor vehicles as required by this Paragraph shall begin on January 1, Section 2. R.S. 32:1306(C)(3)(a) and (4) are hereby amended and reenacted to Operation of official inspection stations C. (3)(a) For parishes and municipalities that have been placed on the nonattainment list for ozone standards and classified as serious or worse a vehicle inspection and maintenance program required by the federal Clean Air Act or regulations promulgated by the United States Environmental Protection Agency, an additional eight dollars shall be charged for each inspection that includes the performance of the inspection and maintenance (I/M) program pursuant to the provisions of R.S. 30:2054(B)(8) for 1980 or newer model year motor vehicles. The motor vehicle inspection station shall retain six dollars of the additional charge for implementation and performance of the I/M program. Two dollars of the additional charge shall be transferred to the Louisiana Department of Environmental Quality to implement and operate the inspection and maintenance program. (4) The maintenance and inspection program and the fees provided for in Paragraph (3) of this Subsection shall be discontinued when the parishes placed on the nonattainment list for ozone standards and classified as serious or worse, are removed from the list and are no longer classified as serious or worse if such discontinuance does not conflict with any requirements of I/M program is discontinued as allowed by the federal Clean Air Act and regulations promulgated by the United States Environmental Protection Agency or agreements with the agency concerning the implementation of this program, or result in any other noncompliance regarding this Subsection. Approved by the Governor, June 21, ACT No. 394 HOUSE BILL NO. 911 BY REPRESENTATIVE SIMON To amend and reenact Paragraph (A)(7) of Section 2 of Act No. 180 of the 1984 Regular Session of the Legislature, as amended by Act No. 353 of the 1986 Regular Session of the Legislature, Act No. 999 of the 1991 Regular Session of the Legislature, Act No. 570 of the 1992 Regular Session of the Legislature, Act No. 440 of the 1997 Regular Session of the Legislature, and Act Nos. 562 and 1214 of the 2003 Regular Session of the Legislature, relative to hospital service districts; to provide relative to the St. Tammany Parish Hospital Service District No.1; to provide relative to the governing board of the district; CODING: Words in struck through type are deletions from existing law; words underscored to increase the maximum amount of per diem authorized to be paid to members of the board; to increase the number of meetings for which members may receive per diem; and to provide for related Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana. Section 1. Paragraph (A)(7) of Section 2 of Act No. 180 of the 1984 Regular Session of the Legislature, as amended by Act No. 353 of the 1986 Regular Session of the Legislature, Act No. 999 of the 1991 Regular Session of the Louisiana Legislature, Act No. 570 of the 1992 Regular Session of the Legislature, Act No. 440 of the 1997 Regular Session of the Legislature, and Act Nos. 562 and 1214 of the 2003 Regular Session of the Legislature is hereby amended and reenacted to Section 2. Board of commissioners; appointment; terms; vacancies; officers; meetings; compensation; St. Tammany Parish Hospital Service District No. 1 A. The structure and governance of the St. Tammany Parish Hospital Service District No. 1 shall be as follows: (7)(a) Each member of the commission shall receive per diem not to exceed seventy-five one hundred dollars per day for meetings he attends; however, except in the case of an emergency, no member, shall receive per diem for more than three five meetings per month. (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the chairman of the commission may receive per diem for as many as ten meetings per month. Only in the case of an emergency may the chairman receive per diem for more than ten meetings per month. (c) Except as otherwise authorized by the commission, members shall receive no additional compensation for any other services rendered as commissioners. on July 1, 2010; if vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on July 1, 2010, or on the day following such approval by the legislature, whichever is later. Approved by the Governor, June 21, ACT No. 395 HOUSE BILL NO. 934 BY REPRESENTATIVE NOWLIN To amend and reenact R.S. 17:3367(C), relative to public postsecondary education management boards; to provide relative to the purposes for which public postsecondary education management boards shall use revenues from oil, gas, and mineral leases; to provide relative to certain capital projects; and to provide for related Section 1. R.S. 17:3367(C) is hereby amended and reenacted to Authority to execute mineral leases on college and university lands; term; use of revenues C.(1) Revenues from oil, gas, and mineral leases executed by each board as authorized in Subsection A of this Section shall be allocated to the board which executed the lease, or its successor, and shall be used by the recipient board solely for the benefit of the college or university located on the leased properties. As to each such college or university, these revenues shall be in addition to any other revenues or * As it appears in the enrolled bill funds appropriated or otherwise provided for or available to the college or university, and in no case shall any of these revenues be computed or considered by the division of administration or otherwise in determining the amounts to be appropriated to or for the college or university in the general appropriation act or any other act, and in no case shall these revenues, or any part of them, be computed or considered in determination of the allocation of funds under the Board of Regents appropriation formula for higher education. (2) The revenues received under this Subsection for a college or university shall be used for the following purposes: (a) To alleviate safety hazards and other bona fide emergency conditions. (b) To make needed major repairs to buildings, grounds, streets, and parking lots, purchase land, and upgrade utility systems of that institution. (c) For new capital construction or capital acquisitions. (d) For establishment of permanent endowment funds from which investment earnings are used for scholarships or as salaries or a supplement for salaries or for other expenses directly related to scholarly work for faculty members at the college or university. (e) For other operating expenses upon approval of the appropriate public postsecondary education management board. (3) Capital projects costing one hundred fifty thousand dollars or more shall be included in a capital outlay budget for submission to and action by the legislature. (4) In order to insure ensure that the highest priority shall be given to the projects aimed at preserving and improving existing facilities, the Board of Regents shall recommend priorities for emergencies and major repairs required on the college and university campuses. Approved by the Governor, June 21, ACT No. 396 HOUSE BILL NO. 945 BY REPRESENTATIVE LEGER To amend and reenact R.S. 14:68(B) and Code of Criminal Procedure Article 814(A)(26) and (27), relative to the unauthorized use of a movable; to change elements of the crime regarding the value of the movable; to provide changes in responsive verdicts regarding unauthorized use of a movable; and to provide for related Section 1. R.S. 14:68(B) is hereby amended and reenacted to 68. Unauthorized use of a movable B. Whoever commits the crime of unauthorized use of a movable having a value of one thousand five hundred dollars or less shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both. Whoever commits the crime of unauthorized use of a movable having a value in excess of one thousand five hundred dollars shall be fined not more than five thousand dollars, or imprisoned with or without hard labor for not more than five years, or both. Section 2. Code of Criminal Procedure Article 814(A)(26) and (27) are hereby amended and reenacted to Art Responsive verdicts; in particular A. The only responsive verdicts which may be rendered when the indictment charges the following offenses are: 26. Theft: Guilty of theft of property having a value of five hundred dollars or more. THE ADVOCATE, Baton Rouge, La., Tuesday, July 20, 2010 PAGE 131

4 Guilty of theft of property having a value of three hundred dollars or more, but less than five hundred dollars. Guilty of theft of property having a value of less than three hundred dollars. Guilty of attempted theft of property having a value of five hundred dollars or more. Guilty of attempted theft of property having a value of three hundred dollars or more, but less than five hundred dollars. Guilty of attempted theft of property having a value of less than three hundred dollars. Guilty of unauthorized use of movables having a value in excess of one thousand five hundred dollars, but only if a value in excess of one thousand dollars is stated in the indictment. Guilty of unauthorized use of movables having a value of one thousand five hundred dollars or less. Not guilty. 27. Attempted Theft: Guilty of attempted theft of property having a value of five hundred dollars or more. Guilty of attempted theft of property having a value of three hundred dollars or more, but less than five hundred dollars. Guilty of attempted theft of property having a value of less than three hundred dollars. Guilty of attempted unauthorized use of movables having a value of less than one hundred dollars. Guilty of attempted unauthorized use of movables having a value in excess of one thousand five hundred dollars, but only if a value in excess of one thousand dollars is stated in the indictment. Guilty of attempted unauthorized use of movables having a value of one thousand five hundred dollars or less. Not guilty. Approved by the Governor, June 21, ACT No. 397 HOUSE BILL NO. 952 BY REPRESENTATIVE KLECKLEY To amend and reenact R.S. 22:2314(B), (C)(introductory paragraph), (1), and (2), and (D), relative to the Louisiana Citizens Property Insurance Corporation; to authorize certain activities by the corporation; to provide for policies issued by the corporation; to provide for a policy take-out program for the depopulation of Louisiana Citizens Property Insurance Corporation; and to provide for related Section 1. R.S. 22:2314(B), (C)(introductory paragraph), (1), and (2), and (D) are hereby amended and reenacted to Policy take-out program B.(1) Not less than once per calendar year, the corporation shall offer all of its in-force policies for removal to the voluntary market. The in-force policies shall be bundled in groups of not less than five hundred policies and include both policies issued under the Coastal Plan and the FAIR Plan. The corporation shall include policies in the bundle offers for depopulation policies with all available geographic and risk characteristics that serve to reduce the exposure of the corporation. (2) Notwithstanding any other provision of law to the contrary, the bundles must include both of the following: (a) Twenty-five percent of the policies which are bundled must be policies which provide coverage to structures located in R.S. 40: (b) At least seventy-five percent of which net premiums are received from policyholders shall be from insurance policies covering singlefamily residential structures, residential duplex structures, or residential fourplex structures. THE ADVOCATE PAGE 132 (2) Each insurer participating in the take-out program shall be offered all of the corporation s in-force policies. In response, the insurers shall provide the corporation with a list of policies they propose to take out subject to authorization by the policy s agent of record. No policy shall be assumed by a take-out company without the authorization of the agent of record. C. Each insurer admitted to write homeowners insurance or insurance insuring one- or twofamily owner occupied premises for fire and allied lines or insurance which covers commercial structures in the state of Louisiana may submit a take-out plan to the corporation for the bundled policies apply to the Louisiana Citizens Property Insurance Corporation to become a take-out company. The corporation shall submit each take-out plan to the Department of Insurance for review and approval Insurers will be approved to participate in the depopulation of the Louisiana Citizens Property Insurance Corporation based on the following criteria: (1) The capacity of the insurer to absorb the policies proposed to be taken out of the corporation and the concentration of risks of those policies. Such capacity may be evidenced by providing to the Louisiana Citizens Property Insurance Corporation a copy of a valid certificate of authority issued by the Louisiana Department of Insurance to the insurer. An insurer shall not be qualified to submit a take-out plan participate in the take-out program unless that insurer has at least an A- a B+ rating with A.M. Best, or its equivalent. In no event shall the surplus requirements of the take-out company be less than the surplus requirements of any other company in the state of Louisiana. (2) Whether An insurer shall have the rates proposed to be charged for the policies being taken out, filed, and approved by the Louisiana Department of Insurance with an effective date prior to the assumption of policies. The insurer shall provide proof to Louisiana Citizens Property Insurance Corporation that the rates have been approved and are adequate under R.S. 22:1451 et seq. D. If a take-out plan is approved by the Department of Insurance, the The corporation shall submit it an insurer s application to participate to the governing board for approval. Approved by the Governor, June 21, ACT No. 398 HOUSE BILL NO BY REPRESENTATIVE WHITE To amend and reenact R.S. 40: (E)(1) and (A)(1)(a), relative to the Malpractice Liability for State Services Act (MLSSA); to provide for malpractice claims of prisoners; to provide for services rendered in a correctional facility; to provide for wrongful death and survival claims; and to provide for related Section 1. R.S. 40: (E)(1) and (A)(1)(a) are hereby amended and reenacted to Definitions and general application E.(1) Unless the medical malpractice claim is first compromised and settled in accordance with Subsection H of this Section or unless the state, through the concurrence of the office of risk management and the legal counsel representing the state against such claim, waive the medical review panel procedure, all medical malpractice claims by their patients or their representatives arising from the right created and granted by Subsections C and D of this Section shall be submitted to administrative review in accordance with this Subsection before such right in individual claims can become sufficiently existent to be susceptible of judicial recognition or adjudication. The medical malpractice claims of prisoners relating to health care rendered in a correctional facility and arising under this Part shall be submitted to correctional administrative review procedures established for administrative hearings in the correctional environment or established in accordance with express law, including R.S. 15:1171 et seq., R.S. 49:964, and the administrative rules and regulations pertaining thereto. All other medical malpractice claims arising under this Part, including wrongful death and survival actions related to prisoners, shall be submitted to a medical review panel in accordance with R.S. 40: State medical review panel A.(1)(a) All malpractice claims against the state, its agencies, or other persons covered by this Part, other than claims wherein the patients are prisoners subject to administrative review in a correctional facility in accordance with R.S. 40: (E) and claims compromised or settled by the claimant and the division of administration with the concurrence of designated legal counsel for the state, shall be reviewed by a state medical review panel established as provided in this Section, to be administered by the commissioner of administration, hereinafter referred to as commissioner. The filing of a request for review by a state medical review panel as provided for in this Section shall not be reportable by any health care provider or any other entity to the Louisiana State Board of Medical Examiners, to any licensing authority, committee, or board of any other state, or to any credentialing or similar agency, committee, or board of any clinic, hospital, health insurer, or managed care company. Approved by the Governor, June 21, ACT No. 399 HOUSE BILL NO BY REPRESENTATIVE GIROD JACKSON To enact R.S. 1:61, relative to general provisions of the Louisiana Revised Statutes of 1950; to provide a uniform definition of a disadvantaged business enterprise; and to provide for related Section 1. R.S. 1:61 is hereby enacted to read as follows: 61. Definition of disadvantaged business enterprise Whenever the context so requires, the term disadvantaged business enterprise as used in the Louisiana Revised Statutes of 1950 and any rules and regulations promulgated in accordance with the Administrative Procedure Act shall mean a disadvantaged business enterprise certified under the Unified Certification Program for Disadvantaged Business Enterprises. Approved by the Governor, June 21, * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored

5 ACT No. 400 HOUSE BILL NO BY REPRESENTATIVE CONNICK To amend and reenact R.S. 15:541(2)(a) and (24), 542(A)(2) and (3)(a), (B), (F)(2) and (3)(a) and (c), (B)(2), (3), and (4), and (H), and 544(A), (B)(1), (C), (D)(1) and (2), and (E)(2) and to enact R.S. 15:541(2)(n), (12)(c), (25)(l), (31), and (32), 542(A)(3)(h), and 544(D)(4), relative to sex offender registration and notification; to provide relative to sex offender registration and notification requirements; to provide for definitions; to provide relative to sex offender registration and notification procedures; to amend provisions regarding the duration of registration and notification requirements; and to provide for related Section 1. R.S. 15:541(2)(a) and (24), 542(A)(2) and (3)(a), (B), (F)(2) and (3)(a) and (c), (B)(2), (3), and (4), and (H), and 544(A), (B)(1), (C), (D)(1) and (2), and (E)(2) are hereby amended and reenacted and R.S. 15:541(2)(n), (12)(c), (25)(l), (31), and (32), 542(A)(3)(h), and 544(D)(4) are hereby enacted to 541. Definitions For the purposes of this Chapter, the definitions of terms in this Section shall apply: (2) Aggravated offense means a conviction for the perpetration or attempted perpetration of, or conspiracy to commit, any of the following: (a) Aggravated rape (R.S. 14:42), which shall include convictions for the perpetration or attempted perpetration of, or conspiracy to commit, aggravated oral sexual battery (formerly R.S. 14:43.4, Repealed by Acts 2001, No. 301, 2) occurring prior to August 15, (n) Any conviction for an offense under the laws of another state, or military, territorial, foreign, tribal, or federal law which is equivalent to the offenses listed in Subparagraphs (a) through (m) of this Paragraph. (12) Criminal offense against a victim who is a minor for the purposes of this Chapter means conviction for the perpetration or attempted perpetration of or conspiracy to commit any of the following offenses: (c) Any conviction for an offense under the laws of another state, or military, territorial, foreign, tribal, or federal law which is equivalent to the offenses listed in Subparagraphs (a) and (b) of this Paragraph. (24)(a) Sex offense means deferred adjudication, adjudication withheld, or conviction for the perpetration or attempted perpetration of or conspiracy to commit R.S. 14:78 (incest), R.S. 14:78.1 (aggravated incest), R.S. 14:89 (crime against nature), R.S. 14:89.1 (aggravated crime against nature), R.S. 14:80 (felony carnal knowledge of a juvenile), R.S. 14:81 (indecent behavior with juveniles), R.S.14:81.1 (pornography involving juveniles), R.S. 14:81.2 (molestation of a juvenile), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S. 14:81.4 (prohibited sexual conduct between an educator and student), R.S. 14:92(A)(7) (contributing to the delinquency of juveniles), R.S. 14:93.5 (sexual battery of the infirm), R.S. 14:106(A)(5) (obscenity by solicitation of a person under the age of seventeen), R.S. 14:283 (video voyeurism), any provision of Subpart C of Part II of Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950 R.S. 14:41 (rape), R.S. 14:42 (aggravated rape), R.S. 14:42.1 (forcible rape), R.S. 14:43 (simple rape), R.S. 14:43.1 (sexual battery), R.S. 14:43.2 (second degree sexual battery), R.S. 14:43.3 (oral sexual battery), R.S. 14:43.5 (intentional exposure to AIDS virus), or a second or subsequent conviction of R.S. 14:283.1 (voyeurism), committed on or after June 18, 1992, or CODING: Words in struck through type are deletions from existing law; words underscored committed prior to June 18, 1992, if the person, as a result of the offense, is under the custody of the Department of Public Safety and Corrections on or after June 18, A conviction for any offense provided in this definition includes a conviction for the offense under the laws of another state, or military, territorial, foreign, tribal, or federal law which is equivalent to an offense provided for in this Chapter, unless the tribal court or foreign conviction was not obtained with sufficient safeguards for fundamental fairness and due process for the accused as provided by the federal guidelines adopted pursuant to the Adam Walsh Child Protection and Safety Act of (b) For purposes of this Chapter, sex offense shall include deferred adjudication, adjudication withheld, or conviction for the perpetration or attempted perpetration of or conspiracy to commit aggravated oral sexual battery (formerly R.S. 14:43.4, Repealed by Acts 2001, No. 301, 2) occurring prior to August 15, (25) Sexual offense against a victim who is a minor means a conviction for the perpetration or attempted perpetration of, or conspiracy to commit, any of the following: (l) Any conviction for an offense under the laws of another state, or military, territorial, foreign, tribal, or federal law which is equivalent to the offenses listed in Subparagraphs (a) through (k) of this Paragraph. (31) Out-of-state offender means any offender convicted or adjudicated in any court system, other than a court in this state, of any offense having elements equivalent to a sex offense or a criminal offense against a victim who is a minor, as defined in this Section. (32) Out of state offense means any offense, as defined by the laws of any jurisdiction other than the state of Louisiana, the elements of which are comparable to a Louisiana sex offense or criminal offense against a victim who is a minor, as defined in this Section Registration of sex offenders and child predators A. The following persons shall be required to register and provide notification as a sex offender or child predator in accordance with the provisions of this Chapter: (2) Any juvenile who has pled guilty or has been convicted of a sex offense or second degree kidnapping as provided for in Children s Code Article 305 or 857, with the exception of simple rape but including any conviction for an offense under the laws of another state, or military, territorial, foreign, tribal, or federal law which is equivalent to the offenses listed herein for which a juvenile would have to register; and (3) Any juvenile, who has attained the age of fourteen years at the time of commission of the offense, who has been adjudicated delinquent based upon the perpetration, attempted perpetration, or conspiracy to commit any of the following offenses: (a) Aggravated rape (R.S. 14:42),which shall include those that have been adjudicated delinquent based upon the perpetration, attempted perpetration, or conspiracy to commit aggravated oral sexual battery (formerly R.S. 14:43.4, Repealed by Acts 2001, No. 301, 2) occurring prior to August 15, (h) An offense under the laws of another state, or military, territorial, foreign, tribal, or federal law which is equivalent to the offenses listed in Subparagraphs (a) through (g) of this Paragraph. B.(1) The persons listed in Subsection A of this Section shall register in person with the sheriff of the parish of the person s residence, or residences, if there is more than one, and with the chief of police if the address of any of the person s residences is located in an incorporated area which has a police department. If the offender resides in a parish with a population in excess * As it appears in the enrolled bill of four hundred fifty thousand, he shall register in person with the police department of his municipality of residence. (2) The offender shall also register in person with the sheriff of the parish or parishes where the offender is an employee and with the sheriff of the parish or parishes where the offender attends school. If the offender is employed or attends school in a parish with a population in excess of four hundred fifty thousand, then he shall register with the police department of the municipality where he is employed or attends school. The offender shall also register in the parish of conviction for the initial registration only. No registration in the parish of conviction is necessary if the offender is incarcerated at the time of conviction or immediately taken into custody by law enforcement after the conviction. F. (2) Upon joint written motion by the district attorney and the petitioner, the court of conviction may waive sex offender registration and notification requirements imposed by the provisions of this Chapter for a person convicted of felony carnal knowledge of a juvenile (R.S. 14:80) on, before, or after January 1, 2008, when the victim is at least thirteen years of age and the offender was not more than four years older than the victim at the time of the commission of the offense. Relief shall not be granted unless the motion is accompanied by supporting documentary proof of the age of the victim and the age of the perpetrator at the time of commission of the offense. If the court of conviction was not a Louisiana district court, this joint motion may be brought in the district court of the parish of the offender s residence after the bureau has made the determination, pursuant to the provisions of R.S. 15: , on the grounds that the elements of the offense of conviction are equivalent to the elements of R.S. 14:80. The court may grant the motion upon clear and convincing evidence that the ages of the victim and offender at the time of commission of the offense were within the limitations provided in this Section. (3)(a) Any person who was convicted of carnal knowledge of a juvenile (R.S. 14:80) prior to August 15, 2001, may petition the court of conviction to be relieved of the sex offender registration and notification requirements of this Chapter if the offense for which the offender was convicted would be defined as misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1) had the offender been convicted on or after August 15, Offenders convicted of an offense under the laws of another state, or military, territorial, foreign, tribal, or federal law may petition the district court of his parish of residence once the administrative procedures of R.S. 15: have been exhausted, and the elements of the offense of conviction have been found to be equivalent to the current definition of misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1). (c) The provisions of this Paragraph shall not apply to any person who was convicted of more than one offense which requires registration pursuant to the provisions of this Chapter sex offense as defined in R.S. 15: Procedures for out-of-state offenders convicted or adjudicated under the laws of another state, or military, territorial, foreign, tribal, or federal law; procedures for Louisiana offenders with out-of-state activities B. (2) Within ninety days of receiving the information required by the provisions of R.S. 15:542(E) notification required by the provisions of Paragraph (1) of this Subsection, the bureau shall determine which time period of registration under the provisions of R.S. 15:544 and the THE ADVOCATE, Baton Rouge, La., Tuesday, July 20, 2010 PAGE 133

6 frequency of in-person periodic renewals under the provisions of R.S. 15:542.1 is applicable to the out-of-state offender while residing in Louisiana. This determination shall be based on a comparison of the elements of the out-of-state offense of conviction or adjudication with the elements of the most comparable Louisiana offense. The bureau shall post this official notification on the state sex offender and child predator registry within the ninety-day period provided in this Paragraph. If the most comparable Louisiana offense is carnal knowledge of a juvenile, the bureau shall indicate so and give notice to the offender that he may qualify for relief from registration pursuant to the provisions of R.S. 15:542(F)(2) or (3) if the offender s age and the age of the victim are within the limitations provided by R.S. 15:542. (3) Within ninety days of the effective date of the provisions of Paragraph (2) of this Subsection, the bureau shall make a determination of the appropriate time period of registration under R.S. 15:544 and the number of required in-person periodic renewals under the provisions of R.S. 15: applicable to each sex offender or child predator convicted out of state under the laws of another state, or military, territorial, foreign, tribal, or federal law who established a residence in this state prior to January 1, The bureau shall post this official notification on the registry within the ninety-day time period provided in this Paragraph. If the most comparable Louisiana offense is carnal knowledge of a juvenile, the bureau shall indicate so and give notice to the offender that he may qualify for relief from registration pursuant to R.S. 15:542 (F)(2) or (3) if the offender s age and the age of the victim are within the limitations provided by R.S. 15:542. (4) Any offender convicted or adjudicated out of state under the laws of another state, or military, territorial, foreign, tribal, or federal law who establishes a residence in this state and is required to register and notify pursuant to the provisions of this Chapter may appeal the bureau s determination of the applicable time period of registration and frequency of in-person periodic renewals through an administrative hearing as provided in R.S. 49:950 et seq. The offender shall have one year from the date that the bureau posted its determination on the registry to appeal. The duty to register and notify according to the determination of the bureau made pursuant to the provisions of this Subsection shall be binding and shall not be suspended or stayed pending appeal of the classification of the offender. H. When an offender who was convicted of or adjudicated for an out-of-state offense under the laws of another state, or military, territorial, foreign, tribal, or federal law requiring registration pursuant to the provisions of this Chapter appears in person for initial registration with the appropriate law enforcement agency in his parish of residence, the law enforcement agency shall follow the procedures set forth in R.S. 15:543(B)(1) through (7) Duration of registration and notification period A. Except as provided for in Subsection B of this Section, a person required to register and provide notification pursuant to the provisions of this Chapter shall comply with the requirement for a period of fifteen years from the date of the initial registration in Louisiana, or the duration of the lifetime of the offender as provided in Subsection E of this Section, unless the underlying conviction is reversed, set aside, or vacated. The requirement to register shall apply to an offender who is pardoned. B.(1) A person required to register pursuant to this Chapter who was convicted of a sexual offense against a victim who is a minor as defined in R.S. 15:541 shall register and maintain his registration and provide community notification pursuant to the provisions of this Chapter for a period of twenty-five years from the date of initial THE ADVOCATE PAGE 134 registration in Louisiana, or the duration of the lifetime of the offender as provided in Subsection E of this Section, unless the underlying conviction is reversed, set aside, or vacated. The requirement to register shall apply to an offender who is pardoned. C.(1) If an offender begins the period of registration and notification and is subsequently incarcerated for any reason other than a misdemeanor arrest or a misdemeanor conviction or for a felony arrest which does not result in a conviction, then the period of registration and notification shall begin anew on the day the offender is released from incarceration, with no credit for the period of time in which the offender complied with registration and notification requirements prior to his incarceration. (2) An offender required to register pursuant to the provisions of this Chapter shall only receive credit for the period of time in which he resides in this state and is in compliance with all registration and notification requirements of this state. D.(1) The registration period of fifteen years established in Subsection A of this Section shall may be reduced to a period of ten years if the offender maintains a clean record for the entire ten-year period of registration upon petition to be relieved of the sex offender registration to the court of conviction for those convicted in Louisiana, or the court of the parish of residence for those convicted under the laws of another state, or military, territorial, foreign, tribal, or federal law which have been determined to be comparable to a Louisiana offense requiring a fifteen-year registration period by the bureau pursuant to the provisions of R.S. 15: (2) The lifetime registration period established in Paragraph (B)(2) of this Section shall may be reduced to a period of twenty-five years if the offender was adjudicated delinquent for the offense which requires registration and maintains a clean record for twenty-five years upon petition to be relieved of the sex offender registration to the court of adjudication for those adjudicated in Louisiana, or court of the parish of residence for those adjudicated under the laws of another state, or military, territorial, foreign, tribal, or federal law. (4) The following procedures shall apply to the provisions of Paragraphs (1) and (2) of this Subsection: (a) The district attorney shall be served with a copy of the petition. (b) The court shall order a contradictory hearing to determine whether the offender is entitled to be relieved of the registration and notification requirements pursuant to the provisions of Paragraphs (1) and (2) of this Subsection. (c) The provisions of Paragraphs (1) and (2) of this Subsection shall not apply to any person who was convicted of more than one offense which requires registration pursuant to the provisions of this Chapter. E. (2) Whenever the registration and notification period of a sex offender has been increased to lifetime pursuant to the provisions of Paragraph (1) of this Subsection, upon maintenance of a clean record for the minimum time period applicable to the offense of conviction as provided by the provisions of Subsection A or Paragraph (B)(1) of this Section, the offender may petition the court in the jurisdiction of conviction, or if convicted out of state under the laws of another state, or military, territorial, foreign, tribal, or federal law, in the jurisdiction of the offender s residence, to be relieved of the registration and notification requirements of this Chapter. The district attorney shall be served with the petition, and the matter shall be set for contradictory hearing. Upon a finding by clear and convincing evidence that the offender has maintained a clean record as defined in this Section and that the offender does not pose a substantial risk of committing another offense requiring registration pursuant to this Chapter, the court may order that the offender be relieved of the obligation to register and notify pursuant to this Chapter. Section 2. It is the intent of this legislature to require persons convicted of aggravated oral sexual battery prior to the repeal of R.S. 14:43.4 by Act 301 of 2001 R.S. to comply with all registration and notification requirements of Chapter 3-B of Title 15. Approved by the Governor, June 21, ACT No. 401 HOUSE BILL NO BY REPRESENTATIVES LANDRY, AUSTIN BADON, BARROW, BILLIOT, HENRY BURNS, TIM BURNS, CARTER, CORTEZ, DOVE, GISCLAIR, HARDY, HARRISON, HAZEL, ROSALIND JONES, SAM JONES, LABRUZZO, LIGI, LORUSSO, MILLS, RICHARD, RICHMOND, GARY SMITH, JANE SMITH, THIERRY, AND WILLMOTT To enact R.S. 32:414.2(E), relative to commercial driver s license holders; to prohibit certain persons from operating school buses; and to provide for related Section 1. R.S. 32:414.2(E) is hereby enacted to Commercial motor vehicle drivers; disqualification; issuance of Class D or E license; alcohol content in breath and blood; implied consent E.(1) Unless a longer suspension or disqualification period is provided for in Subsections A through D of this Section, a commercial driver s license holder shall be disqualified from operating a school bus for a period of ten years for the following: (a) Conviction of driving under the influence of alcohol or a controlled substance while operating a commercial motor vehicle or noncommercial motor vehicle. (b) Refusal to submit to a chemical test for the purpose of determining the alcoholic content of his blood when arrested for an offense arising out of acts alleged to have been committed while the driver was driving or in actual physical control of a commercial motor vehicle or noncommercial motor vehicle while believed to be under the influence of alcoholic beverages or a controlled substance. (2) The disqualification period imposed by this Subsection may be reduced if the driver meets all the following conditions: (a) The driver is not convicted of driving under the influence of alcohol or a controlled substance while operating a commercial motor vehicle or noncommercial motor vehicle for a period of five years after conviction of the disqualifying offense or refusal. (b) The driver has not refused to submit to a chemical test for the purpose of determining the alcoholic content of his blood when arrested for an offense arising out of acts alleged to have been committed while the driver was driving or in actual physical control of a commercial motor vehicle or noncommercial motor vehicle while believed to be under the influence of alcoholic beverages or a controlled substance for a period of five years after the disqualifying offense or refusal. (c) The driver has successfully completed medical treatment or medically approved group therapy or special education courses for or about the disease of alcoholism, alcohol abuse, or drug abuse, in a suitable public or private institution * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored

7 or program approved by the appropriate state authority. Approved by the Governor, June 21, ACT No. 402 HOUSE BILL NO BY REPRESENTATIVES EDWARDS, ARMES, ARNOLD, BOBBY BADON, BARROW, BURFORD, HENRY BURNS, CARMODY, CARTER, CHAMPAGNE, CHANEY, CONNICK, DIXON, DOVE, DOWNS, ELLINGTON, FOIL, GISCLAIR, GREENE, GUILLORY, GUINN, HARRISON, HAZEL, HILL, HINES, HOFFMANN, HOWARD, MICHAEL JACKSON, JOHNSON, KATZ, LABRUZZO, LANDRY, LEBAS, LIGI, LITTLE, MILLS, MONICA, PEARSON, PUGH, RICHARDSON, RITCHIE, ROY, SMILEY, GARY SMITH, JANE SMITH, PATRICIA SMITH, ST. GERMAIN, AND WILLMOTT To amend and reenact R.S. 32:412.2(A)(2), relative to disabled veterans; to decrease the disability threshold for exemption from driver s license fees; and to provide for related Section 1. R.S. 32:412.2(A)(2) is hereby amended and reenacted to Disabled veteran exemption A. A veteran of service in the United States Armed Forces shall be exempt from the payment of fees under this Chapter for the issuance of a driver s license if the veteran meets all of the following qualifications: (2) Has a service-related disability of at least sixty fifty percent. Approved by the Governor, June 21, ACT No. 403 HOUSE BILL NO BY REPRESENTATIVES PERRY, AUSTIN BADON, BARRAS, BILLIOT, HENRY BURNS, TIM BURNS, CARTER, CHAMPAGNE, DOERGE, DOWNS, GISCLAIR, GUILLORY, HILL, HOFFMANN, SAM JONES, KATZ, LABRUZZO, LEGER, LIGI, LITTLE, MILLS, MONTOUCET, POPE, PUGH, RICHARD, JANE SMITH, ST. GERMAIN, TALBOT, TEMPLET, THIBAUT, AND WHITE AND SENATORS ALARIO, APPEL, BROOME, GUILLORY, LAFLEUR, LONG, MARTINY, MORRELL, MOUNT, THOMPSON, AND WALSWORTH To amend and reenact R.S. 32:414(B)(1), relative to driver s license suspension; to provide for the suspension of driving privileges of persons convicted of certain crimes; and to provide for related Section 1. R.S. 32:414(B)(1) is hereby amended and reenacted to 414. Suspension, revocation, renewal, and cancellation of licenses; judicial review B. The department shall forthwith suspend the license of any person, for a period of twenty-four months, upon receiving satisfactory evidence of the conviction or of the entry of a plea of guilty and sentence thereupon or of the forfeiture of bail of any such person charged with any of the following crimes: (1) Manslaughter, vehicular homicide, third degree feticide, as provided in R.S. 14:32.8(A)(2), or negligent homicide resulting from the operation of a motor vehicle. CODING: Words in struck through type are deletions from existing law; words underscored Approved by the Governor, June 21, ACT No. 404 HOUSE BILL NO BY REPRESENTATIVE DIXON AND SENATOR THOMPSON To enact R.S. 17:7(29), relative to the duties, functions, and responsibilities of the State Board of Elementary and Secondary Education; to require the State Board of Elementary and Secondary Education to develop and adopt rules and regulations relative to the physical abuse of public school teachers and other school employees by students; and to provide for related Section 1. R.S. 17:7(29) is hereby enacted to read as follows: 7. Duties, functions, and responsibilities of board In addition to the authorities granted by R.S. 17:6 and any powers, duties, and responsibilities vested by any other applicable laws, the board shall: (29) Develop, adopt, and promulgate rules and regulations in accordance with the Administrative Procedure Act which provide for the following relative to the physical abuse of teachers and other school employees by students in city, parish, and other local public schools: (a) Requiring school governing authorities to keep an accurate record of each incident of physical abuse by a student that is reported by a teacher or other school employee. (b) Requiring school governing authorities to provide appropriate equipment to protect teachers and other school employees from physical abuse by students. (c) Providing support services to teachers and other school employees which afford them the opportunity to discuss the effects of stress caused by physical abuse by students and to identify ways to alleviate such stress. (d) Giving any teacher or other school employee who has been a victim of physical abuse by a student, or students, the opportunity to seek another position for which he is certified within the same parish and in which he will not have contact with the student or students, provided there is another position available. Approved by the Governor, June 21, ACT No. 405 HOUSE BILL NO BY REPRESENTATIVES PERRY, AUSTIN BADON, BARRAS, BILLIOT, HENRY BURNS, TIM BURNS, CARTER, CHAMPAGNE, GUILLORY, HOFFMANN, KATZ, LABRUZZO, LEGER, LIGI, MILLS, POPE, PUGH, RICHARD, JANE SMITH, TALBOT, TEMPLET, THIBAUT, AND WHITE AND SENATORS ALARIO, APPEL, BROOME, GUILLORY, LONG, MARTINY, MORRELL, MOUNT, THOMPSON, AND WALSWORTH To enact R.S. 32:667(I)(4), relative to driver s licenses; to provide for ignition interlock code on certain driver s licenses; and to provide for related Section 1. R.S. 32:667(I)(4) is hereby enacted to * As it appears in the enrolled bill 667. Seizure of license; circumstances; temporary license I. (4) When an ignition interlock device is required as a condition of reinstatement, the office of motor vehicles shall designate a restriction code and place such code on the license of a driver who is required to have an ignition interlock installed and maintained as a condition of reinstatement. on January 1, Approved by the Governor, June 21, ACT No. 406 HOUSE BILL NO BY REPRESENTATIVE CROMER AND SENATOR DONAHUE To enact R.S. 56:1847(64) and 1855(N), relative to the natural and scenic rivers program; to add Bayou Liberty in St. Tammany Parish; to provide for certain authorized activities; and to provide for related Section 1. R.S. 56:1847(64) and 1855(N) are hereby enacted to Natural and scenic rivers The following rivers or designated segments thereof are hereby designated as being natural and scenic rivers: (64) Bayou Liberty - St. Tammany Parish Exceptions N. Notwithstanding any other provision of R.S. 56:1853 to the contrary, on that portion of Bayou Liberty in St. Tammany Parish which lies to the north of Interstate 12, the removal of accumulated siltation and channel realignment activities for the purpose of restoring natural sinuosity may be permitted by the department. Any such permit shall be issued in accordance with the requirements and procedures provided in R.S. 56:1849. When issuing such permit, the department shall also examine the impact that the method of such work and the type of equipment proposed to be used by the applicant may have on the natural and scenic characteristics and qualities of the bayou. Approved by the Governor, June 21, ACT No. 407 HOUSE BILL NO (Substitute for House Bill No. 17 by Representative Ligi) BY REPRESENTATIVE LIGI To amend and reenact Code of Civil Procedure Articles 925(A)(2) and 1672(C) and to enact Code of Civil Procedure Article 3955, relative to procedures for divorce; to provide for the filing of a declinatory exception; to provide for the dismissal of an action; to provide for service of an Article 102 divorce petition; and to provide for related Section 1. Code of Civil Procedure Articles 925(A)(2) and 1672(C) are hereby amended and reenacted and Code of Civil Procedure Article 3955 is hereby enacted to Art Objections raised by declinatory exception; waiver THE ADVOCATE, Baton Rouge, La., Tuesday, July 20, 2010 PAGE 135

8 A. The objections which may be raised through the declinatory exception include but are not limited to the following: (2) Insufficiency of service of process, including failure to request service of citation on the defendant within the time prescribed by Article 1201(C), or failure to request service of petition within the time prescribed by Article Art Involuntary dismissal C. A judgment dismissing an action without prejudice shall be rendered as to a person named as a defendant for whom service has not been requested within the time prescribed by Article 1201(C) or 3955 upon the sustaining of a declinatory exception filed by such defendant, or upon contradictory motion of any other party, unless good cause is shown why service could not be requested, in which case the court may order that service be effected within a specified time. Art Service of petition A. When a petition for divorce is filed in accordance with Civil Code Article 102, service of the petition shall be requested on the defendant within ninety days of the filing of the petition. B. If the defendant is an absentee, the request for appointment of a curator ad hoc within ninety days of commencement of the action constitutes compliance with the requirements of Paragraph A of this Article. C. The defendant may expressly waive the requirements of Paragraph A of this Article by any written waiver. The requirement provided by Paragraph A of this Article shall be expressly waived by a defendant unless the defendant files, in accordance with the provisions of Article 928, a declinatory exception of insufficiency of service of process specifically alleging the failure to timely request service of the petition, in which case, after due proceedings, the action shall be dismissed. Section 2. The provisions of this Act shall be applied prospectively only. Section 3. The Louisiana State Law Institute is hereby directed to prepare comments to the provisions of this Act. Approved by the Governor, June 21, ACT No. 408 HOUSE BILL NO BY REPRESENTATIVE BARRAS To authorize and provide for the transfer or lease of certain state property in Iberia Parish from the division of administration to Dr. John Hebert; and to provide for related Section 1. The commissioner of the division of administration, notwithstanding any other provision of law to the contrary, is hereby authorized and empowered to convey, transfer, assign, lease, and deliver any interest, excluding mineral rights, the state may have to the following described properties to Dr. John Hebert: Tract No. 1 An undivided two-thirds interest in the S/2 of NW/4 of Section 9, T11S, R8E, Iberia Parish, acres. Tract No. 2 An undivided one-ninth interest in and to a tract of 120 arpents situated in Fractional Section 7, T11S, R8E, bounded on the North by lands of Carlos Dugas, his heirs or assigns, on the Southeast by Alex Declouet, his heirs or assigns, on the West by Eugene Rouville, his heirs or assigns, and being parcel, Lot or Tract No. 11 accord to plat of survey THE ADVOCATE PAGE 136 by S. V. Martin, Surveyor, dated October 7, 1883, filed for record under original conveyance Entry No in the Records of Iberia Parish, Iberia Parish. Section 2. The commissioner of the division of administration, on behalf of the state of Louisiana, is hereby authorized to enter into such agreements, covenants, conditions, and stipulations and to execute such documents as are necessary to properly effectuate any conveyance, transfer, assignment, lease, or delivery of title, excluding mineral rights, to the properties described in Section 1 herein, and as more specifically described in any such agreements entered into and documents executed by and between the commissioner of the division of administration and Dr. John Hebert, in exchange of consideration proportionate to the appraised value of the property. Section 3. This Act shall become effective governor, as provided in Article III, Section 18 Approved by the Governor, June 21, ACT No. 409 HOUSE BILL NO BY REPRESENTATIVE MONICA To amend and reenact R.S. 32:414(B)(2)(b), relative to driver s license suspension; to provide for a restricted driver s license after a certain amount of time following driver s license suspension; to provide for the installment of interlock devices; and to provide for related Section 1. R.S. 32:414(B)(2)(b) is hereby amended and reenacted to 414. Suspension, revocation, renewal, and cancellation of licenses; judicial review B. The department shall forthwith suspend the license of any person, for a period of twenty-four months, upon receiving satisfactory evidence of the conviction or of the entry of a plea of guilty and sentence thereupon or of the forfeiture of bail of any such person charged with any of the following crimes: (2) (b) Any licensee who has had his license suspended for operating a motor vehicle while under the influence of alcoholic beverages under the provisions of this Subsection shall be eligible to apply for a restricted driver s license after a period of forty-five days, upon proof that his motor vehicle has been equipped with a functioning ignition interlock device, be issued a restricted driver s license. In the event that the department fails or refuses to issue the restricted driver s license the district court for the parish in which the licensee resides may issue an order directing the department to issue the restricted license by ex parte order or after contradictory hearing. Approved by the Governor, June 21, ACT No. 410 HOUSE BILL NO (Substitute for House Bill No. 575 by Representative Baldone) BY REPRESENTATIVE BALDONE To amend and reenact R.S. 30:2419(A)(2) and (3), relative to scrap metal recycling; to authorize the delivery of scrap metal containing fuel tanks to a scrap metal collection and recycling facility; to delete the requirement that persons delivering scrap to these facilities certify that fuel tanks have been removed; and to provide for related Section 1. R.S. 30:2419(A)(2) and (3) are hereby amended and reenacted to Lead acid batteries; land disposal prohibition; scrap and scrap metal recycling, prohibited items A. (2) No person may knowingly and intentionally deliver scrap to a scrap metal collection and recycling facility authorized under the laws of this state if such scrap contains any lead-acid or nickel cadmium battery, microwave oven, fluorescent light, capacitors exceeding one inch in length, width, or height, hazardous waste as defined by the Louisiana Environmental Quality Act, R.S. 30:2001 et seq., radioactive materials regulated by the Louisiana Nuclear Energy and Radiation Control Law, R.S. 30:2101 et seq., and regulations promulgated pursuant thereto, fuel tanks if not certified as gas-free, or refrigerants containing chlorofluorocarbons (CFC s). (3) Any person delivering any scrap, including but not limited to automobiles or automotive parts, to a scrap metal collection and recycling facility must submit to the scrap metal collection and recycling facility a certification signed by a duly authorized representative that all lead-acid or nickel cadmium batteries, microwave ovens, fluorescent lights, capacitors exceeding one inch in length, width, or height, hazardous waste as defined by the Louisiana Environmental Quality Act, R.S. 30:2001 et seq., radioactive materials regulated by the Louisiana Nuclear Energy and Radiation Control Law, R.S. 30:2101 et seq., and regulations promulgated pursuant thereto, fuel tanks if not certified as gas-free, or refrigerants containing chlorofluorocarbons (CFC s) have been removed from and are not included with the scrap delivered. Approved by the Governor, June 21, ACT No. 411 HOUSE BILL NO BY REPRESENTATIVE LIGI To amend and reenact R.S. 36:4(B)(1)(dd), 801.1(A), and and R.S. 40: (A)(1) and (5)(d), (e), and (f) and (D)(1)(a), relative to the Patient s Compensation Fund and the Patient s Compensation Fund Oversight Board; to provide for the organization of the executive branch of government; to provide for the deposit and investment of the Patient s Compensation Fund; to provide that the Patient s Compensation Fund and the Patient s Compensation Fund Oversight Board shall not be budget units of the state; to provide for the submission of an annual budget to certain legislative committees; to provide for an effective date; and to provide for related Section 1. R.S. 36:4(B)(1)(dd), 801.1(A), and are hereby amended and reenacted to read as follows: * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored

9 4. Structure of executive branch of state government B. (1) (dd) The Patient s Compensation Fund Oversight Board (R.S. 40: ), as established by R.S. 40: , shall be placed in the office of the governor, division of administration, shall perform and exercise its powers, duties, functions, and responsibilities as provided in R.S. 36:802.3(B) R.S. 36:801.1, and shall continue to appoint its executive director and other personnel as provided by law Transfer; retention of all functions A. The agencies transferred by the provisions of R.S. 36:4(B)(1)(dd) and (D), 4.1(C) and (G), 53(H), 209(R), 259(J), 409(N), 509(O), 651(D), 725(A), and 769(J) shall continue to be comprised and selected as provided by law Transfer; certain appointing authority retained A. The agencies transferred by the provisions of R.S. 36:209(M) and 629(C) shall be transferred as provided in R.S. 36:802, except that each of the agencies so transferred shall continue to appoint its own director and assistant director or personnel to fill comparable positions as authorized by law. B. The agency placed in the division of administration by the provisions of R.S. 36:4(B)(1)(dd) shall be transferred as provided in R.S. 36:802, except that it shall continue to appoint its executive director and other personnel as authorized by law. Section 2. R.S. 40: (A)(1) and (5)(d), (e), and (f) and (D)(1)(a) are hereby amended and reenacted to Patient s Compensation Fund A.(1)(a) Subject to the exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana, all All funds collected pursuant to the provisions hereof shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient allocation is allocated from that fund to pay all obligations secured by the full faith and credit of the state due and payable within any fiscal year, the treasurer shall, prior to placing such remaining funds in the state general fund, pay into a special fund, which is hereby created in the state treasury and designated as the Patient s Compensation Fund, in an amount equal to the total amount of funds paid into the treasury as a result of the voluntary collections from private health care providers provided for hereunder. considered self-generated revenues, promptly deposited by the Patient s Compensation Fund Oversight Board into a fund designated as the Patient s Compensation Fund. The Patient s Compensation Fund Oversight Board is established and authorized pursuant to Subsection D of this Section. Neither the fund nor the board shall be a budget unit of the state. The state recognizes and acknowledges that the fund and any income from it are not public monies, but rather are private monies which shall be held in trust as a custodial fund by the state board for the use, benefit, and protection of medical malpractice claimants and the fund s private health care provider members, and all of such funds and income earned from investing the private monies comprising the corpus of this fund shall be subject to use and disposition only as provided by this Section. (b) The Patient s Compensation Fund Oversight Board may enter into a cooperative endeavor agreement whereby the state treasurer shall be authorized to invest a portion of the private monies comprising the corpus of the fund, as determined by the board, in the same manner and in accordance with the law governing the investment of funds of the state, or develop and adopt an investment policy which complies with R.S. 49:327(B)(5). Income from CODING: Words in struck through type are deletions from existing law; words underscored investments under the authority of this Subsection shall be credited to the fund. (5) (d) These expenses of the board and office of the clerk of the Louisiana Supreme Court shall be paid from the fund by the state treasurer in accordance with the law. (e) The fund shall be a budget unit of this state. (f) The legislature shall appropriate from the fund sufficient monies for the carrying out by the board and office of the clerk of the Louisiana Supreme Court of the duties, functions, and responsibilities imposed upon them in this Section and shall also appropriate all remaining monies in the fund for use by the board to pay approved claims based upon final judgments, court-approved settlements, final arbitration awards, and judgments awarding medical care and related benefits rendered pursuant to R.S. 40: and vouchers drawn by the board pursuant to a judgment reciting that a patient is in need of future medical and related benefits under the provisions of R.S. 40: in accordance with Paragraph (7) of this Subsection and in accordance with Subsection B of this Section. Not later than the first day of January each year, the board shall submit a copy of its proposed budget for the ensuing fiscal year to the Joint Legislative Committee on the Budget, the House Committee on Civil Law and Procedure, the Senate Committee on Judiciary A, the legislative auditor, and the legislative fiscal office. The format of the budget submission shall be as follows: (i) A budget message signed by the budget preparer which shall include a summary description of the proposed financial plan, policies, and objectives and assumptions. (ii) Narrative explanations describing the purpose and functions of the Patient s Compensation Fund. (iii) Statements for the last completed fiscal year, estimates covering the entire current fiscal year, and projections for the ensuing fiscal year, as follows: (aa) A statement showing fund balances of the Patient s Compensation Fund at the beginning of each year and at the conclusion of each fiscal year. (bb) A statement of revenues and receipts, itemized by source. (cc) Detailed comparative statements of expenditures itemized by source of funds and expenditure category by each major function, program, or service. (dd) Clearly defined indicators of the quantity and quality of performance of agency functions. (ee) Participation of agency personnel and board members in state employee benefit programs, including insurance and retirement programs. D.(1)(a) The Patient s Compensation Fund Oversight Board is hereby created and established in the office of the governor, division of administration. The board shall be comprised of nine members, appointed by the governor subject to Senate confirmation. Section 3. This Act shall become effective on July 1, 2010; if vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on July 1, 2010, or on the day following such approval by the legislature, whichever is later. Approved by the Governor, June 21, ACT No. 412 HOUSE BILL NO BY REPRESENTATIVE RITCHIE To amend and reenact R.S. 26:932(8) and to enact R.S. 26:901(18) and 903(6), relative to tobacco * As it appears in the enrolled bill products; to provide for fees applicable to tobacconists; to provide for definitions; and to provide for related Section 1. R.S. 26:932(8) is hereby amended and reenacted and R.S. 26:901(18) and 903(6) are hereby enacted to 901. Definitions (18) Tobacconist means any bona fide tobacco retailer engaged in receiving bulk smoking tobacco for the purpose of blending such tobacco for retail sale at a particular retail outlet where fifty percent or more of the total purchases for the preceding twelve months were purchases of tobacco products, excluding cigarettes Permit fees (6) Tobacconist-The commissioner of alcohol and tobacco control shall promulgate rules to issue a single permit for bona fide Louisiana tobacconists. Such single permit shall allow any bona fide Louisiana tobacconist to operate as a retail tobacco dealer and as a wholesale tobacco dealer. Any fee assessed for such single tobacconist permit shall be set at the current rate in effect on August 15, Definitions (8) Tobacconist means a retail dealer any bona fide tobacco retailer engaged in receiving bulk smoking tobacco for the purpose of blending such tobacco for retail sale at a particular retail outlet where fifty percent or more of the total purchases for the preceding twelve months were purchases of tobacco products, excluding cigarettes. Approved by the Governor, June 21, ACT No. 413 HOUSE BILL NO BY REPRESENTATIVES HARDY, BILLIOT, HENRY BURNS, TIM BURNS, CARTER, CONNICK, GISCLAIR, HENRY, HINES, HUTTER, LIGI, SIMON, JANE SMITH, THIERRY, WILLIAMS, AND WOOTON To enact R.S. 15:542.1(A)(5), relative to sex offenders; to provide relative to sex offender notification requirements; and to provide for related Section 1. R.S. 15:542.1(A)(5) is hereby enacted to Notification of sex offenders and child predators A. Any adult residing in this state who has pled guilty to, has been convicted of, or where adjudication has been deferred or withheld for the perpetration or attempted perpetration of, or conspiracy to commit, a sex offense as defined in R.S. 15:541 or a criminal offense against a minor as defined in R.S. 15:541 shall be required to provide the following notifications: (5) Post the number of his physical address in a conspicuous place on the outside of his residence. The posted number shall be prominently displayed and shall be of a sufficient size and legibility such that it will be visible to an ordinarily observant person approaching the residence during the daylight hours. Approved by the Governor, June 21, THE ADVOCATE, Baton Rouge, La., Tuesday, July 20, 2010 PAGE 137

10 ACT No. 414 HOUSE BILL NO BY REPRESENTATIVE LITTLE To repeal R.S. 22:2297(D)(1), relative to the Louisiana Citizens Property Insurance Corporation; to repeal the requirement of maintaining separate accounts and records for the Coastal Plan and the FAIR Plan. Section 1. R.S. 22:2297(D)(1) is hereby repealed in its entirety. Approved by the Governor, June 21, ACT No. 415 HOUSE BILL NO BY REPRESENTATIVE ELLINGTON To amend and reenact R.S. 22:46(9)(b), (c), and (d) and to enact R.S. 22:420, relative to liability trust funds; to prohibit further establishment of such trust funds which are exempt from the definition of insurance; as of a certain date; to provide for the establishment of such trust funds subject to the requirements of the Insurance Code; and to provide for related Section 1. R.S. 22:46(9)(b), (c), and (d) are hereby amended and reenacted and R.S. 22:420 is hereby enacted to 46. General definitions In this Code, unless the context otherwise requires, the following definitions shall be applicable: (9) (b)(i) The establishment prior to twelve noon on October 1, 2010, and operation thereafter of one or more professional or public liability trust funds by a statewide hospital association in this state for the purpose of providing a means by which any type of professional malpractice or public liability claims or judgments arising from such claims against hospitals which are members of the association and claims against members of societies of the association shall be paid or settled shall not be deemed to be insurance, and such trust or trusts shall not be deemed to be licensed, admitted, or authorized insurers, but shall be subject to Subpart E of Part III of Chapter 2, R.S. 22:651 et seq., Part IV of Chapter 7, R.S. 22:1961 et seq., and Chapters 8 and 12 of this Title, R.S. 22:1981 et seq. and R.S. 22:2191 et seq. An annual audited statement for each such trust shall be filed with the commissioner of insurance. The commissioner of insurance shall also have the authority to examine the books, records, and affairs of the trust funds. (ii) After twelve noon on October 1, 2010, the establishment and subsequent operation of one or more professional or public liability trust funds by a statewide hospital association in this state for the purpose of providing a means by which any type of professional malpractice or public liability claims or judgments arising from such claims against hospitals which are members of the association and claims against members of societies of the association shall be paid or settled shall be deemed to be insurance and such THE ADVOCATE PAGE 138 trust or trusts shall be subject to the provisions of this Code. (c)(i) The establishment prior to twelve noon on October 1, 2010, and operation thereafter of professional and public liability trust funds by a nonprofit beneficiary organization as set forth in Subpart N of Part I of Chapter 2 of this Title, R.S. 22:401 et seq., shall not be deemed to be insurance, and the trusts shall not be deemed to be a licensed, admitted, or authorized insurer but shall be subject to Subpart E of Part III of Chapter 2, Part IV of Chapter 7, and Chapters 8 and 12 of this Title. An annual audited statement shall be filed with the commissioner of insurance. The commissioner of insurance shall also have the authority to examine the books, records, and affairs of the trust fund. (ii) After twelve noon on October 1, 2010, the establishment and subsequent operation of professional and public liability trust funds by a nonprofit beneficiary organization for the purpose of indemnifying nonprofit beneficiary organizations and their officers, directors, and agents for financial loss due to the imposition of legal liability claims or judgments arising from such claims shall be deemed to be insurance and such trust or trusts shall be subject to the provisions of this Code. (d)(i) The establishment prior to twelve noon on October 1, 2010, and operation thereafter of one or more professional, trade, and occupational or public liability trust funds by professional associations in this state for the purpose of providing a means by which professional malpractice and public liability claims or judgments arising from such claims against members of the associations shall be paid or settled shall not be deemed to be insurance, and the trust shall not be deemed to be a licensed, admitted, or authorized insurer but shall be subject to Subpart E of Part III of Chapter 2, Part IV of Chapter 7, and Chapters 8 and 12 of this Title. An annual audited statement shall be filed with the commissioner of insurance. The commissioner of insurance shall also have the authority to examine the books, records, and affairs of the trust fund. (ii) After twelve noon on October 1, 2010, the establishment and subsequent operation of one or more professional, trade, and occupational or public liability trust funds by professional associations in this state for the purpose of providing a means by which professional malpractice and public liability claims or judgments arising from such claims against members of the associations shall be paid or settled shall be deemed to be insurance and such trust or trusts shall be subject to the provisions of this Code Creation of trust funds prohibited No trust fund authorized by this Subpart may be established to operate in this state after twelve noon on October 1, Approved by the Governor, June 21, ACT No. 416 HOUSE BILL NO BY REPRESENTATIVE RICHMOND To enact R.S. 15:571.36, relative to electronic monitoring equipment; to require the Department of Public Safety and Corrections to develop policies and procedures for the availability, storage, and use of the equipment; and to provide for related Section 1. R.S. 15: is hereby enacted to Electronic monitoring equipment The Department of Public Safety and Corrections shall develop written policies and procedures governing the availability, storage, and use of electronic monitoring equipment, which shall include all of the following: (1) Secure storage, making equipment inaccessible to a monitored individual. (2) Visual inspection of equipment worn by the monitored individual to determine its condition not less than once per month. (3) A master listing and inventory. (4) Availability of at least one complete backup unit for every twenty-five units in use. (5) Responses to system malfunctions. (6) Restricted password access to authorized staff of base station hardware. (7) Maintenance and cleaning of equipment. Approved by the Governor, June 21, ACT No. 417 HOUSE BILL NO BY REPRESENTATIVE LANDRY To amend and reenact R.S. 12:1306(A)(1) and 1309(A)(introductory paragraph) and to enact R.S. 12:1301(A)(21), 1302(C), 1305(B)(3), and 1309(A)(4), relative to limited liability companies; to provide for low-profit limited liability companies; to provide for definitions; to provide for the purpose of low-profit limited liability companies; to provide for articles of organization; to provide for the name of a lowprofit limited liability company; to provide for the amendment of articles of organization; and to provide for related Section 1. R.S. 12:1306(A)(1) and 1309(A)(introductory paragraph) are hereby amended and reenacted and R.S. 12:1301(A)(21), 1302(C), 1305(B)(3), and 1309(A)(4) are hereby enacted to Definitions A. As used in this Chapter, unless the context otherwise requires: (21) Low-profit limited liability company or L3C means a limited liability company organized for the purposes set forth in R.S. 12:1302(C) Purpose C.(1) A limited liability company organized as a low-profit limited liability company shall set forth in its articles of organization a business purpose that satisfies and which limited liability company is at all times operated to satisfy each of the following requirements: (a) The entity significantly furthers the accomplishment of one or more charitable or educational purposes within the meaning of Section 170(c)(2)(B) of the Internal Revenue Code and would not have been formed but for the entity s relationship to the accomplishment of charitable or educational purposes. (b) No significant purpose of the entity is the production of income or the appreciation of property provided; however, the fact that an entity produces significant income or capital appreciation shall not, in the absence of other factors, be conclusive evidence of a significant purpose involving the production of income or the appreciation of property. (c) No purpose of the entity is to accomplish one or more political or legislative purposes within * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored

11 the meaning of Section 170(c)(2)(D) of the Internal Revenue Code. (2) If a company that is organized pursuant to the requirements of Paragraph (1) of this Subsection at its formation at any time ceases to satisfy any one of the requirements, it shall immediately cease to be a low profit limited liability company, but by continuing to meet all the other requirements of this Chapter, shall continue to exist as a limited liability company. The name of the company shall be changed to be in conformance with R.S. 12: Articles of organization; initial report B. The articles of organization shall set forth the following: (3) Whether the company is a low-profit limited liability company Name A. The name of each limited liability company as set forth in its articles of organization: (1)(a) Shall Except for low-profit limited liability companies, shall contain the words limited liability company, the abbreviation L.L.C., or the abbreviation L.C.. (b) For low profit limited liability companies, shall contain the words low-profit limited liability company, the abbreviation L3C, or the abbreviation l3c Amendment of articles of organization A. The articles of organization must shall be amended when any of the following occurs: (4) In accordance with R.S. 12:1302(C)(2), the company ceases to be a low-profit limited liability company. Approved by the Governor, June 21, ACT No. 418 HOUSE BILL NO (Substitute for House Bill No. 792 by Representative Richmond) BY REPRESENTATIVE RICHMOND To enact R.S. 6:1083(24), (25), and (26) and Part IV of Chapter 14 of Title 6 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 6:1101 through 1104, relative to reverse mortgages; to provide for definitions; to provide for requirements on reverse mortgage loans; to provide for counseling; to provide for rescission of a reverse mortgage loan; to provide for duties for elders regarding reverse mortgage loans; and to provide for related Section 1. R.S. 6:1083(24), (25), and (26) and Part IV of Chapter 14 of Title 6 of the Louisiana Revised Statutes of 1950, comprised of R.S. 6:1101 through 1104, are hereby enacted to Definitions As used in this Chapter: (24) Conventional reverse mortgage loan means a reverse mortgage loan other than a program reverse mortgage loan. (25) Program reverse mortgage loan means a reverse mortgage loan offered under or intended to be insured by the Federal Housing Administration pursuant to Section 255 of the National Housing Act, 12 U.S.C. 1715z-20, as amended, and regulations and guidance issued thereunder by the secretary of the United States Department of Housing and Urban Development or the commissioner of the Federal Housing Administration. CODING: Words in struck through type are deletions from existing law; words underscored (26) Reverse mortgage loan means a nonrecourse loan secured by immovable property that meets all of the following criteria: (a) The loan provides purchase money proceeds for the acquisition by a borrower of a domicile to be inhabited by the borrower as his principal domicile or cash advances to a borrower based on the equity or the value in a borrower s inhabited principal domicile. (b) The loan requires no payment of principal or interest until the entire loan becomes due and payable. PART IV. REVERSE MORTGAGE LOANS Reverse mortgages; requirements A. A reverse mortgage loan shall comply with all of the following requirements: (1) Prepayment, in whole or in part, shall be permitted without penalty at any time during the term of the reverse mortgage loan. For the purposes of this Section, penalty shall not include any fees, payments, or other charges that would have otherwise been due upon the reverse mortgage being due and payable. (2) A reverse mortgage loan may provide for a fixed or adjustable interest rate or combination thereof, including compound interest, and may also provide for interest that is contingent on the value of the property upon execution of the loan or at maturity, or on changes in value between closing and maturity. (3) A reverse mortgage may include costs and fees that are charged by the reverse mortgage lender, or the reverse mortgage lender s designee, originator, or servicer, including costs and fees charged upon execution of the loan, on a periodic basis, or upon maturity. (4) If a reverse mortgage loan provides for periodic advances to a borrower, these advances shall not be reduced in amount or number based on any adjustment in the interest rate. B. A reverse mortgage loan may become due and payable upon one of the following occurrences: (1) The property securing the loan is sold or title to the home is otherwise transferred. (2) Any fixed maturity date agreed to by the lender and the borrower occurs. (3) An event of default specified in the loan documents occurs. C. Repayment of the reverse mortgage loan shall be subject to the following conditions: (1) Temporary absences from the home not exceeding sixty consecutive days shall not cause the mortgage to become due and payable. (2) Extended absences from the home exceeding sixty consecutive days, but less than one year, shall not cause the mortgage to become due and payable if the borrower has taken prior action which secures and protects the home in a manner satisfactory to the lender, as specified in the loan documents. (3) A reverse mortgage lender shall prominently disclose in the loan agreement any interest rate or other fees to be charged during the period that commences on the date that the reverse mortgage loan becomes due and payable, and that ends when repayment in full is made. D. The first page of any mortgage securing a reverse mortgage loan shall contain the following statement in ten-point boldface type: This mortgage secures a reverse mortgage loan. E.(1) A reverse mortgage lender shall not: (a) Enter into any agreement that would obligate the borrower to purchase an annuity, an investment, or long-term care insurance before the closing of the reverse mortgage or before the expiration of the borrower s right to rescind the reverse mortgage agreement, if a rescission period applies. (b) Refer the borrower to anyone for the purchase of an annuity before the closing of the reverse mortgage or before the expiration of the borrower s right to rescind the reverse mortgage agreement, if a rescission period applies. (2) This Section shall not prevent a lender from offering or referring borrowers for title insurance, * As it appears in the enrolled bill hazard, flood, or other peril insurance, or other similar products that are customary and normal to a reverse mortgage loan Counseling A.(1) Prior to accepting a final and complete application for a conventional reverse mortgage loan or assessing any fees, a reverse mortgage lender shall provide the prospective borrower with a list of at least five nonprofit counseling agencies that have been approved by the United States Department of Housing and Urban Development for counseling and that offer counseling to residents of the state. The counseling agencies shall meet the standards and requirements established by the United States Department of Housing and Urban Development for reverse mortgage counseling. (2) In connection with a conventional reverse mortgage loan, a mortgage lender shall not pay any counseling service fees without first informing the prospective borrower in writing that this may create a conflict of interest. A reverse mortgage lender shall disclose to the prospective borrower in writing any other payment arrangements or business affiliations between the lender and a counseling agency. B. A reverse mortgage lender shall not accept a final and complete application for a conventional reverse mortgage loan from a prospective applicant or assess any fees upon a prospective applicant without first receiving a certification from the applicant or the applicant s authorized representative that the applicant has received counseling from an agency described in Subsection A of this Section. The certification shall be signed by the borrower and the agency counselor, and shall include the date of the counseling and the name, address, and telephone number of both the borrower and the counselor. An electronic facsimile copy of the housing counseling certification shall satisfy the requirements of this Section Commitment and cooling off period In connection with a conventional reverse mortgage loan, at least seven calendar days prior to closing a reverse mortgage loan, a reverse mortgage lender shall provide the borrower with a loan term sheet or commitment letter outlining the proposed terms of the loan and informing the borrower that the borrower is not obligated to proceed with the loan transaction Reverse mortgage lender; duties to elders A. In addition to any other obligation under law, any reverse mortgage lender who offers, sells, or arranges the sale of a reverse mortgage to an elder, shall provide the elder with a notice that the elder should discuss the items outlined in this Section with a loan counselor. For the purposes of this Section, elder means any person sixty years of age or older. B. The reverse mortgage counselor shall discuss the following items with a prospective reverse mortgage borrower: (1) How unexpected medical or other events causing the borrower to move out of the borrower s home earlier than anticipated will impact the total annual cost of the reverse mortgage loan. (2) The extent to which the borrower s financial needs would be better met by options other than a reverse mortgage loan, including less costly home equity lines of credit, property tax deferral programs, or governmental aid programs. (3) Whether the borrower intends to use the proceeds of the reverse mortgage loan to purchase an annuity or other financial or insurance product and the consequences of doing so. (4) The effect of repayment of the reverse mortgage loan on other residents of the domicile that is securing the reverse mortgage loan after all borrowers are deceased or permanently abandon the domicile. (5) The borrower s ability to finance routine or catastrophic home repairs, especially if the maintenance is a factor that may determine when the reverse mortgage loan becomes payable. THE ADVOCATE, Baton Rouge, La., Tuesday, July 20, 2010 PAGE 139

12 (6) The impact that the reverse mortgage loan may have on the borrower s tax obligations and eligibility for government assistance programs, and the effect that losing equity in the domicile securing the reverse mortgage loan will have on the borrower s estate and heirs. (7) The ability of the borrower to refinance alternative living accommodations, such as assisted living or long-term care, after the borrower s equity is depleted. C. If the prospective reverse mortgage borrower meets with a loan counselor prior to meeting with or discussing a reverse mortgage loan with a lender, the loan counselor shall review the items discussed in Subsection B of this Section with the prospective reverse mortgage borrower and also meet the notice requirement in Subsection A of this Section. Approved by the Governor, June 21, ACT No. 419 HOUSE BILL NO. 462 BY REPRESENTATIVE MILLS To amend and reenact Code of Criminal Procedure Article 648(A)(2), relative to procedures after a determination of mental capacity or incapacity; to provide for treatment after a determination of mental capacity or incapacity; to provide with respect to inpatient and outpatient treatment for persons charged with certain crimes; and to provide for related Section 1. Code of Criminal Procedure Article 648(A)(2) is hereby amended and reenacted to Art Procedure after determination of mental capacity or incapacity A. The criminal prosecution shall be resumed unless the court determines by a preponderance of the evidence that the defendant does not have the mental capacity to proceed. If the court determines that the defendant lacks mental capacity to proceed, the proceedings shall be suspended and one of the following dispositions made: (2)(a) If Except as otherwise provided for in Subsubparagraph (b) of this Subparagraph, if the person is charged with a felony, or a misdemeanor classified as an offense against the person, or with a misdemeanor violation of R.S. 14:35.3, and is considered by the court to be likely to commit crimes of violence, and the court determines that his mental capacity is likely to be restored within ninety days as a result of treatment, the court may order immediate jail-based treatment by the Department of Health and Hospitals not to exceed ninety days; otherwise,. Otherwise, if his capacity cannot be restored within ninety days and inpatient treatment is recommended, the court shall commit the defendant to the Feliciana Forensic Facility. (b) If a person is charged with a felony violation of the Uniform Controlled Dangerous Substances Law, except for violations punishable under the provisions of R.S. 40:966(D) and (F) and R.S. 40:967(F)(1)(b) and (c), (2), and (3), and the court determines that his mental capacity cannot be restored within ninety days, the court shall release the person for outpatient competency restoration or other appropriate treatment. (c) If a person is charged with a misdemeanor classified as an offense against a person, except for a misdemeanor violation of R.S. 14:35.3, and the court determines that his mental capacity cannot be restored within ninety days, the court shall release the person for outpatient competency restoration or other appropriate treatment. (b) (d) If a defendant committed to the Feliciana Forensic Facility is held in a parish THE ADVOCATE PAGE 140 jail for one hundred eighty days after the court s determination that he lacks the mental capacity to proceed, the court shall order a status conference to be held with the defense and the district attorney present, and for good cause shown and on motion of the defendant or the district attorney or on the court s own motion, the court shall order a contradictory hearing to determine whether there has been a change in the defendant s condition or other circumstances sufficient to warrant a modification of the previous order. (c) (e) If a defendant committed to the Feliciana Forensic Facility is held in a parish jail for one hundred eighty days after the initial status conference provided in Item (b) (d) of this Subparagraph, the court shall order a contradictory hearing to determine whether to release the defendant or to order the appropriate authorities to institute civil commitment proceedings pursuant to R.S. 28:54. The defendant shall remain in custody pending such civil commitment proceedings. If the defendant is civilly committed to a treatment facility pursuant to Title 28 of the Louisiana Revised Statutes of 1950, the director of the institution designated for the patient s treatment shall, in writing, notify the court and the district attorney when the patient is to be discharged or conditionally discharged, as long as the charges are pending. Approved by the Governor, June 21, ACT No. 420 HOUSE BILL NO. 553 BY REPRESENTATIVE WADDELL To enact R.S. 51:2362 and 2366, relative to the Louisiana Mega-Project Development Fund and the Rapid Response Fund; to require the development of uniform accountability reports for the funds; to require written and electronic forms of a list of cooperative endeavor agreements, name of receiving entity, and the amount of incentive awarded for all projects developed by the funds; and to provide for related Section 1. R.S. 51:2362 and 2366 are hereby enacted to Accountability requirements A. The secretary of the Department of Economic Development shall develop a uniform accountability report for economic development created by the Rapid Response Fund. The secretary shall also develop a formula for measuring the return on investment for each Rapid Response Fund project. B. The Department of Economic Development shall compile and make available a list of the cooperative endeavor agreements, the name of the entity receiving funds, and the amount of the incentive received for all Rapid Response Fund projects in both written and electronic form Accountability requirements A. The secretary of the Department of Economic Development shall develop a uniform accountability report for economic development created by the Louisiana Mega-Project Development Fund. The secretary shall also develop a formula for measuring the return on investment for each mega-project. B. The Department of Economic Development shall compile and make available a list of the cooperative endeavor agreements, the name of the entity receiving funds, and the amount of the incentive received for all Louisiana Mega-Project Development Fund projects in both written and electronic form. January 1, Approved by the Governor, June 21, ACT No. 421 SENATE BILL NO. 4 BY SENATOR MURRAY To enact R.S. 33:4883, relative to the exercise of police powers by local governmental subdivisions; to authorize parish and municipal governing authorities to adopt ordinances regulating the backwash and drainage of swimming pools; and to provide for related Section 1. R.S. 33:4883 is hereby enacted to read as follows: Exercise of police power; backwashing and drainage of residential and commercial pools For the purpose of promoting the health, safety, and general welfare of the community, parish and municipal governing authorities may adopt ordinances regulating the backwashing and drainage of residential and commercial swimming pools into the street. Such ordinances may restrict the practice of backwashing or draining a swimming pool into the street. Any such ordinance shall be subject to judicial review on the grounds of abuse of discretion, unreasonable exercise of police powers, excessive use of the power herein granted, or the denial of the right of due process. However, the right of judicial review of such ordinances shall not be limited by the provisions of this Section. ACT No. 422 SENATE BILL NO. 8 BY SENATOR ADLEY To amend and reenact R.S. 13:783(D)(7), relative to expenses of the clerk s office; to authorize the clerk of the district court in Red River Parish to receive an automobile expense allowance; and to provide for related Section 1. R.S. 13:783(D)(7)is hereby amended and reenacted to 783. Expenses of clerk s office D. (7) In Acadia Parish, and Iberia Parish, and Red River Parish the clerks of the district courts of those parishes may receive an automobile expense allowance equal to fifteen percent of their annual salary provided the clerk of court maintains three hundred thousand dollars of automobile insurance per accident for bodily injury and one hundred thousand dollars of automobile insurance per accident for property damage. The expense allowance shall come from surplus funds in each of the offices of the clerks of court and at no additional expense to the state or local governing authority. * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored

13 ACT No. 423 SENATE BILL NO. 16 BY SENATOR APPEL To repeal Chapter 48 of Title 34 of the Louisiana Revised Statutes of 1950, comprised of R.S. 34:3471 through 3486, relative to the Millennium Port Authority; and to provide for related Section 1. Chapter 48 of Title 34 of the Louisiana Revised Statutes of 1950, comprised of R.S. 34:3471 through 3486, is hereby repealed. on July 1, ACT No. 424 SENATE BILL NO. 30 BY SENATOR MURRAY To amend and reenact R.S. 33:9091.7(F)(3)(c), relative to Orleans Parish; to provide for a renewal of parcel fees for the Lakeshore Crime Prevention District; and to provide for related Notice of intention to introduce this Act has been published. Section 1. R.S. 33:9091.7(F)(3)(c) is hereby amended and reenacted to Lakeshore Crime Prevention District F. Parcel fee. The governing authority of the city of New Orleans is hereby authorized to impose and collect a parcel fee within the district subject to and in accordance with the provisions of this Subsection: (3)(a) (c) The fee shall expire on December 31, 2010, but may be renewed as provided in Subparagraph (3)(a) of this Subsection. Any election to authorize renewal of the fee shall be held only at the same time as the mayoral primary election for that purpose in accordance with the Louisiana Election Code. If the fee is renewed, the term of the imposition of the fee shall be as provided in the proposition authorizing such renewal, not to exceed four years. on July 1, ACT No. 425 SENATE BILL NO. 53 BY SENATORS N. GAUTREAUX AND WALSWORTH AND REPRESENTATIVES ARNOLD, BOBBY BADON, BALDONE, BARRAS, HENRY BURNS, TIM BURNS, CARMODY, CARTER, CHAMPAGNE, CORTEZ, GISCLAIR, HAZEL, HENDERSON, HINES, HOFFMANN, HOWARD, HUTTER, JOHNSON, SAM JONES, LABRUZZO, LANDRY, LIGI, LORUSSO, MILLS, MORENO, NORTON, NOWLIN, PEARSON, PERRY, POPE, RICHARDSON, RITCHIE, SMILEY, GARY SMITH, JANE SMITH, TALBOT, TEMPLET, WHITE AND WILLMOTT To amend and reenact R.S. 46:236.15(D)(1) (introductory paragraph) and (a), and to enact R.S. 27:2(C) and (D) and 24(A)(5), relative to support; to provide for public policy regarding CODING: Words in struck through type are deletions from existing law; words underscored gaming and child support; to provide for the intercept and seizure of payments of progressive slot machine annuities and cash gaming winnings for the payment of child support and overpayments to the department; to provide certain procedures and conditions; and to provide for related Section 1. R.S. 27:2(C) and (D) and 24(A)(5) are hereby enacted to 2. Public policy of state concerning gaming; status of licenses, contracts, and permits C. The legislature further finds and declares it to be the public policy of the state that parents should provide financial support to their minor children who cannot care for themselves. Thus, intervention by the state, through the enforcement of child support orders and the collection of child support, is in the best interest of its citizens and is necessary when the parents fail to meet their support obligations. Since children are adversely affected when parents who have outstanding support obligations divert their financial support to gaming, a parent s winnings from money diverted from a child s support should be applied to the parent s outstanding support obligations. The legislature further finds and declares that this policy is consistent with the public policy of protecting the general welfare of the state s people. D. In accordance with this finding, the Department of Social Services shall report to the joint committees on Civil Law and Procedure and Judiciary A, no later than fifteen days following the commencement of the regular legislative session each year, on the interception and seizure of gaming winnings for the payment of child support and overpayments owed to the department. This report shall be a public record and shall include but not be limited to the number of jackpots intercepted pursuant to this Section and the amount of each jackpot intercepted. 24. Rulemaking authority; fees and fines, collection A. The board, in accordance with the Administrative Procedure Act and R.S. 27:15(B)(8), shall promulgate all rules and regulations necessary to carry out the provisions of this Title, including but not limited to the following: (5) A procedure requiring the withholding of payments of progressive slot machine annuities and cash gaming winnings of persons who have outstanding child support arrearages or owing child support overpayments, prior to the payment of a progressive slot machine annuity, beginning with the second annuity payment, or cash gaming winnings. Progressive slot machine annuities or cash gaming winnings shall only include payments for which the entity licensed or permitted under Chapters 1, 4, 5 or 7 of Title 27 of the Louisiana Revised Statutes of 1950, is required to file form W2-G, or a substantially equivalent form, with the United States Internal Revenue Service. (a) The board may require that the agency reporting current child support arrearages or overpayments to provide information relating to such arrearages or overpayments in a manner, format, or record approved by the board that gives the entity licensed or permitted under Chapters 1, 4, 5 or 7 of Title 27 of the Louisiana Revised Statutes of 1950, realtime or immediate electronic database access to the information. If the information relating to such arrearages or overpayments by the agency reporting current child support arrearages or overpayments is not available through real-time or immediate electronic database access, the licensee shall not be responsible for withholding cash gaming winnings in accordance with the provisions of this Subparagraph. (b) The board or any entity licensed or permitted under Chapters 1, 4, 5 or 7 of Title 27 of the Louisiana Revised Statutes of 1950, including any of its officers, employees, attorneys, accountants, or other agents, shall not be civilly or criminally liable to any person, including any customer, for * As it appears in the enrolled bill any disclosure of information made in accordance with this Section, for encumbering or surrendering assets in response to information provided by the Department of Social Services, or for any claims for damages arising from withholding or failing to withhold any progressive slot machine annuities or cash gaming winnings, based upon information provided to it. (c) If any entity licensed or permitted under Chapters 1, 4, 5 or 7 of Title 27 of the Louisiana Revised Statutes of 1950, determines that the winner of a progressive slot machine annuity or cash gaming winnings is a person who has outstanding child support arrearages or owes child support overpayments, the entity licensed or permitted under Chapters 1, 4, 5 or 7 of Title 27 of the Louisiana Revised Statutes of 1950, shall deduct the child support arrearage or child support overpayment from the payment of the progressive slot machine annuity or cash gaming winnings. The deducted amount shall be forwarded to the Department of Social Services within seven days and the entity licensed or permitted under Chapters 1, 4, 5 or 7 of Title 27 of the Louisiana Revised Statutes of 1950, shall pay the remainder to the person who has outstanding child support arrearages or owes child support overpayments. If the remainder is equal to or less than zero, the person who has an outstanding child support arrearage or child support overpayment shall not receive a payment. (d) Any entity licensed or permitted under Chapters 1, 4, 5 or 7 of Title 27 of the Louisiana Revised Statutes of 1950, may deduct an administrative fee from each payment of a progressive slot machine annuity, beginning with the second annuity payment, or cash gaming winnings, of persons who have outstanding child support arrearages or owe child support overpayments per singular or periodic payment, not to exceed thirty-five dollars. (e) The board shall also require that the entity licensed or permitted under Chapters 1, 4, 5, or 7 of Title 27 of the Louisiana Revised Statutes of 1950, adopt procedures designed to prevent employees from willfully failing to withhold payments of progressive slot machine annuities or cash gaming winnings from persons who have outstanding child support arrearages or child support overpayments, based upon the information provided by the Department of Social Services that allows the licensee to identify such persons. (f) Not later than January 1, 2011, the board shall institute rulemaking procedures as necessary to implement the provisions of this Paragraph. Section 2. R.S. 46:236.15(D)(1) (introductory paragraph) and (a) is hereby amended and reenacted to Limited administrative authority for certain paternity and child support actions D. Authority to seize and intercept. (1) In cases in which there is a child support arrearage or child support overpayment made to a custodial parent, and after notice of such arrearage or overpayment has been made by certified or regular mail, personal service, or domiciliary service, the agency shall have the administrative authority to: (a) Intercept, encumber, freeze, or seize periodic or lump sum payments from a state or local agency or any entity licensed or permitted by any state agency or board under Chapters 1, 4, 5, or 7 of Title 27 of the Louisiana Revised Statutes of 1950, including but not limited to unemployment compensation benefits, workers compensation, and other benefits, judgments, settlements, lottery winnings, progressive slot machine annuities beginning with the second annuity payment, cash gaming winnings, assets held in financial institutions, and public and private retirement funds. The provisions of R.S. 13:3881 providing general exemptions from seizure are applicable to the provisions of this Subparagraph. After the agency encumbers, intercepts, or freezes any assets set out in this Subsection, it shall notify the payor that he has thirty days to advise the agency THE ADVOCATE, Baton Rouge, La., Tuesday, July 20, 2010 PAGE 141

14 that he wishes to appeal the seizing of said assets. Upon receipt of such notice, the agency shall either release the property or schedule a hearing with the appropriate court. If the payor fails to file an appeal within thirty days, the agency may institute proceedings through administrative process to seize or sell the property in accordance with state law. Section 3. This Act shall become effective ACT No. 426 SENATE BILL NO. 59 BY SENATOR GUILLORY To enact R.S. 33: (K), relative to the St. Landry Parish Economic and Industrial Development District; to prohibit elected officials from serving on the district s board of commissioners; and to provide for related Notice of intention to introduce this Act has been published. Section 1. R.S. 33: (K) is hereby enacted to Board of commissioners; members; officers; employees K. Elected officials are prohibited from serving on the board of commissioners. ACT No. 427 SENATE BILL NO. 90 BY SENATOR MURRAY To amend and reenact R.S. 33:9091.1(D)(1)(c), (d), (e), and (f) and (3)(a) and (F)(3)(c)(ii) and to repeal R.S. 33: (D)(1)(g) and (h), relative to Orleans Parish; to provide for appointments to the board of commissioners of the Lakeview Crime Prevention District; to provide for elections relative to the levy and the renewal of a parcel fee in the district; to remove certain restrictions on renewing the fee; and to provide for related Notice of intention to introduce this Act has been published. Section 1. R.S. 33:9091.1(D)(1)(c), (d), (e), and (f) and (3)(a) and (F)(3)(c)(ii) are hereby amended and reenacted to Lakeview Crime Prevention District D. Governance. (1) The district shall be governed by a board of commissioners consisting of eleven members as follows: (c) The member or members of the Louisiana House of Representatives who represent the area which comprises the district shall appoint one member two members. (d) The member or members of the Louisiana Senate who represent the area which comprises the district shall appoint one member two members. THE ADVOCATE PAGE 142 (e) The assessor for the second municipal district shall appoint one member. (f) The assessor for the seventh municipal district shall appoint one member. (g) The mayor shall appoint one member. (h) (f) The council member or council members who represent the district shall appoint one member. (3)(a) The terms of the members appointed pursuant to Subparagraphs (1)(g) and (h) (1)(c), (d), (e), and (f) of this Subsection shall be concurrent with the respective appointing authority. F. Parcel fee. The governing authority of the city of New Orleans is hereby authorized to impose and collect a parcel fee within the district subject to and in accordance with the provisions of this Subsection: (3) (c) (ii) The fee may be renewed as provided in Subparagraph (3)(a) of this Subsection Paragraph at a mayoral primary election an election held for that purpose in accordance with the Louisiana Election Code. subsequent to the 1998 mayoral primary election. Section 2. R.S. 33:9091.1(D)(1)(g) and (h) are hereby repealed in their entirety. Section 3. This Act shall become effective on July 1, 2010; if vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on July 1, 2010, or on the day following such approval by the legislature, whichever is later. ACT No. 428 SENATE BILL NO. 156 BY SENATOR MURRAY To enact R.S. 13:2152.3, relative to qualifications of certain judges; to provide with respect to the qualifications for judges of the First and Second City Court of the city of New Orleans; to provide for an effective date; and to provide for related Section 1. R.S. 13: is hereby enacted to First City Court; Second City Court; qualifications of judges Judges of the First and Second City Court of the city of New Orleans shall have been admitted to the practice of law in the state of Louisiana for at least eight years prior to their election, and shall have been qualified resident electors of the territorial jurisdiction of the court for at least one year prior to their election. ACT No. 429 SENATE BILL NO. 192 BY SENATORS MOUNT, CHEEK, NEVERS, SHAW AND WALSWORTH AND REPRESENTATIVES BALDONE, BURFORD, HENRY BURNS, CARMODY, CORTEZ, DOWNS, EDWARDS, GUILLORY, GUINN, HENRY, HILL, HOFFMANN, KATZ, LORUSSO, NOWLIN, RICHARDSON, GARY SMITH, JANE SMITH, ST. GERMAIN, TALBOT, TUCKER, WHITE AND WILLIAMS To enact R.S. 46:1429, relative to child care facilities and child-placing agencies; to provide with respect to licensure; to provide for an exception for certain religious organizations; and to provide for related Section 1. R.S. 46:1429 is hereby enacted to read as follows: Exceptions; religious organizations A recognized religious organization which is qualified as a tax-exempt organization under Section 501(c) of the Internal Revenue Code, which remains open for not more than twenty-four hours in a continuous seven-day week, and in which no individual child remains for more than twenty-four hours in one continuous stay shall not be considered a day care center for purposes of this Chapter. ACT No. 430 SENATE BILL NO. 201 BY SENATOR DUPLESSIS To amend and reenact R.S. 33: (F)(3)(c), relative to Orleans Parish; to provide for renewal elections of parcel fees for the Oak Island Neighborhood Improvement District; and to provide for related Notice of intention to introduce this Act has been published. Section 1. R.S. 33: (F)(3)(c) is hereby amended and reenacted to Oak Island Neighborhood Improvement District F. Parcel Fee. (3) (c) If approved, the fee shall expire on December 31, 2014, but the fee may be renewed if approved by a majority of the registered voters of the district voting on the proposition at an election as provided in Subparagraph (a) of this Paragraph. Any election to authorize the renewal of the fee shall be held only at the same time as the mayoral primary election for the city of New Orleans for that purpose in accordance with the Louisiana Election Code. If the fee is renewed, the term of the imposition of the fee shall be as provided in the proposition authorizing such renewal, not to exceed eight years. on July 1, * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored

15 ACT No. 431 SENATE BILL NO. 202 BY SENATOR DUPLESSIS To amend and reenact R.S. 33:9080.3(F)(3)(c), relative to Orleans Parish; to provide for renewal elections of parcel fees for the Lakewood East Security and Neighborhood Improvement District; and to provide for related Notice of intention to introduce this Act has been published. Section 1. R.S. 33:9080.3(F)(3)(c) is hereby amended and reenacted to The Lakewood East Security and Neighborhood Improvement District F. Parcel fee. The governing authority of the city of New Orleans is hereby authorized to impose and collect a parcel fee within the district subject to and in accordance with the provisions of this Subsection: (3) (c) If approved, the fee shall expire on December 31, 2018, but the fee may be renewed if approved by a majority of the registered voters of the district voting on the proposition at an election as provided in Subparagraph (a) of this Paragraph. Any election to authorize the renewal of the fee shall be held only at the same time as the mayoral primary election for the city of New Orleans for that purpose in accordance with the Louisiana Election Code. If the fee is renewed, the term of the imposition of the fee shall be as provided in the proposition authorizing such renewal, not to exceed eight years. on July 1, ACT No. 432 SENATE BILL NO. 231 BY SENATOR NEVERS To enact R.S. 33: , relative to tourist commissions; to provide for the designation and name of certain commissions; and to provide for related Section 1. R.S. 33: is hereby enacted to Tourist commissions of certain parishes; designation Notwithstanding any provision of law to the contrary, any tourist commission created pursuant to R.S. 33:4574 in a parish having a population of not less than one hundred thousand but not more than one hundred four thousand, based on the latest federal decennial census, and notwithstanding any other designation provided in R.S. 33:4574, the commission shall be designated as, and be known by, the name of the parish followed by Parish Tourist Commission. CODING: Words in struck through type are deletions from existing law; words underscored ACT No. 433 SENATE BILL NO. 234 BY SENATOR HEITMEIER To amend and reenact R.S. 15:451, relative to confession evidence in a criminal proceeding; to make technical corrections; and to provide for related Section 1. R.S. 15:451 is hereby amended and reenacted to 451. Condition precedent to use of confession; free and voluntary rule Before what purposes1 purports to be a confession can be introduced in evidence, it must be affirmatively shown that it was free and voluntary, and not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises. ACT No. 434 SENATE BILL NO. 235 BY SENATOR HEITMEIER AND REPRESENTATIVES MILLS AND WILLMOTT To enact Chapter 64 of Title 46 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 46:2891, relative to Medicaid upper payment limit collaboratives; to provide for a Medicaid physician upper payment limit methodology to continue access to healthcare services; to provide for development of funding mechanisms for hospitals; and to provide for related Section 1. Chapter 64 of Title 46 of the Louisiana Revised Statutes of 1950, comprised of R.S. 46:2891, is hereby enacted to CHAPTER 64. PHYSICIAN UPPER PAYMENT LIMIT METHODOLOGY Physician upper payment limit methodology The Department of Health and Hospitals is hereby authorized to develop mechanisms to support the continued operation of state-funded health care programs, specifically Medicaid, through the utilization of physician upper payment limit reimbursement methodologies. The methodology utilized shall be designed to continue access and delivery of healthcare services to the poor. The implementation of this methodology is subject to federal law and approval of the Centers for Medicare and Medicaid Services. Participation in the utilization of physician upper payment limit reimbursement methodologies shall be limited to only those hospitals which certify public expenditures to the state of Louisiana. ACT No. 435 SENATE BILL NO. 244 BY SENATOR MURRAY To amend and reenact R.S. 33:4084(A)(1)(a), to increase the requirement for public * As it appears in the enrolled bill advertisement for bids on materials and supplies contracts of the sewerage and water board in the city of New Orleans; and to provide for related Notice of intention to introduce this Act has been published. Section 1. R.S. 33:4084(A)(1)(a) is hereby amended and reenacted to Purchase of supplies; machinery and equipment; emergency purchase; preference to home merchants A.(1)(a) All purchases of materials or supplies required by the board for the conduct, operation, maintenance, and repair of the public systems of sewerage, water, and drainage exceeding the sum of twenty thirty thousand dollars shall be advertised and let by contract to the lowest responsible bidder who has bid according to the contract plans and specifications as advertised. ACT No. 436 SENATE BILL NO. 254 BY SENATOR N. GAUTREAUX To amend and reenact R.S. 33:1418, relative to hybrid or alternative fuel vehicles; to allow political subdivisions to purchase or lease hybrid fuel or alternative fuel vehicles; to provide for exceptions; and to provide for related Section 1. R.S. 33:1418 is hereby amended and reenacted to Purchase or lease of fleet vehicles; use of alternative fuels; fuel vehicles and hybrid vehicles; exceptions; definitions A.(1) A political subdivision may purchase or lease, after September 1, 1991, any motor vehicle, for use by any agency of the political subdivision, if that vehicle is capable of and equipped for using an alternative fuel which that results in lower emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide, or particulates, or any combination thereof which that meet or exceed federal Clean Air standards, including but not limited to hybrid vehicles. Alternative fuels shall include compressed natural gas, liquefied petroleum gas, reformulated gasoline, methanol, ethanol, electricity, and any other fuels which meet or exceed federal Clean Air standards. (2) For the purposes of this Section, hybrid vehicle shall mean a vehicle that employs a combustion engine system together with an electric propulsion system that results in lower emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide, or particulates or any combination thereof that meet or exceed federal Clean Air Act standards. (2)(3) An agency of a political subdivision may acquire or be provided equipment or refueling facilities necessary to operate such alternative fuel or hybrid vehicles using alternative fuels by any of the following methods: (a) Purchase or lease as authorized by law. (b) Gift or loan of the equipment or facilities. (c) Gift or loan of the equipment or facilities or other arrangement pursuant to a service contract for the supply of alternative fuels. (3)(4) If such equipment or facilities are donated, loaned, or provided through other arrangement THE ADVOCATE, Baton Rouge, La., Tuesday, July 20, 2010 PAGE 143

16 with the supplier of alternative fuels, the supplier shall be entitled to recoup its actual cost of donating, loaning, or providing the equipment or facilities through its fuel charges under the supply contract. (4)(5) The governing authority of a political subdivision may waive the requirements of this Subsection for any agency of a political subdivision upon receipt of certification supported by evidence acceptable to that governing authority that either of the following situations apply: (a) The agency s vehicles will be operating primarily in an area in which neither the agency nor a supplier has or can reasonably be expected to establish a central refueling station for alternative fuels fuel or hybrid vehicles. (b) The agency is unable to acquire or be provided equipment or refueling facilities necessary to operate alternative or hybrid vehicles using alternative fuels at a projected cost that is reasonably expected to result in no greater net costs than the continued use of traditional gasoline or diesel fuels measured over the expected useful life of the equipment or facilities supplied. B.(1) Each political subdivision shall achieve the following percentages of vehicles capable of using alternative fuels by the times specified: (a) The percentage shall be equal to or greater than thirty percent of the number of fleet vehicles operated by September 1, (b) The percentage shall be equal to or greater than fifty percent of the number of fleet vehicles operated by September 1, (2) The governing authority of each political subdivision shall review this alternative fuel use program on or before December 31, 1996, and, if the governing authority determines that the program has been effective in reducing total annual emissions from motor vehicles in the area, the governing authority shall achieve a percentage of fleet vehicles capable of using alternative fuels equal to or greater than eighty percent of the number of fleet vehicles operated by September 1, 1998, and thereafter. C. The governing authority of each political subdivision, in the development of the alternative fuel use program, shall consult with vehicle manufacturers and converters, fuel distributors, and others to delineate the vehicles to be covered, taking into consideration range, specialty uses, fuel availability, vehicle manufacturing and conversion capability, safety, resale values, and other relevant factors. The governing authority may meet the percentage requirements of this Section through purchase or lease of new vehicles or the conversion of existing vehicles, in accordance with federal and state requirements and applicable safety laws and standards, to use the alternative fuels. D. The governing authority of a political subdivision may reduce any percentage specified or waive the requirements of Subsection B of this Section for any agency of a political subdivision upon receipt of certification supported by evidence acceptable to the governing authority that either of the following situations apply: (1) The agency s vehicles will be operating primarily in an area in which neither the agency nor a supplier has or can reasonably be expected to establish a central refueling station for alternative fuels. (2) The agency is unable to acquire or be provided equipment or refueling facilities necessary to operate vehicles using alternative fuels at a projected cost that is reasonably expected to result in no greater net costs than the continued use of traditional gasoline or diesel fuels measured over the expected useful life of the equipment or facilities supplied. E.B. The provisions of this Section shall not apply to any vehicles operated by law enforcement agencies or used as emergency vehicles. F.C. As used in this Part, political subdivision means a parish, municipality, and any other unit of local government, including a school board and THE ADVOCATE PAGE 144 a special district, authorized by law to perform governmental functions. ACT No. 437 SENATE BILL NO. 278 BY SENATOR ERDEY To amend and reenact R.S. 33:4766(E)(1), relative to liens and privileges on immovable property; to provide relative to the procedure for the enforcement of certain liens and privileges by local government; and to provide for related Section 1. R.S. 33:4766(E)(1) is hereby amended and reenacted to Lien and privilege for cost of demolition, removal, and maintenance by parish or municipality; interest; attorney fees E.(1) The privilege and lien shall be enforced by ordinary process in the district court having jurisdiction of the immovable within three years after it is perfected. Alternatively, the privilege and lien may be enforced by assessing the amount of the privilege and lien against the immovable as a tax against the immovable, to be enforced and collected as any ordinary property tax lien to be assessed against the property; said the lien and privilege may be collected in the manner fixed for collection of taxes and shall be subject to the same civil penalties for delinquencies. After the parish or municipality has incurred such costs as constitute the lien and privilege on the property, the parish president, police jury, mayor, or any director of any community development department of the parish or municipality may send an attested bill of said costs and expenses which constitute the lien and privilege to the director of administration or tax assessor of the parish in which the property is located, who shall add the amount of said the bill to the next tax bill of the owner. The lien obtained by the parish or municipality pursuant to proper notification and filing shall include not only the costs provided for in Subsection A of this Section but shall include all attorney fees and all costs of court incurred in the locating of the owner, the notification of the owner, and the enforcement and collection of the amount secured by the lien against the immovable and the improvements. ACT No. 438 SENATE BILL NO. 282 BY SENATOR HEITMEIER AND REPRESENTATIVE KATZ To amend and reenact Code of Criminal Procedure Art. 401(A)(5), relative to qualifications of jurors; to provide for persons who have been convicted of a felony but not received a pardon by the governor; and to provide for related Section 1. Code of Criminal Procedure Art. 401(A)(5) is hereby amended and reenacted to Art General qualifications of jurors A. In order to qualify to serve as a juror, a person must: (5) Not be under indictment for a felony nor have been convicted of a felony for which he has not been pardoned by the governor. ACT No. 439 SENATE BILL NO. 283 BY SENATOR MARTINY To amend and reenact R.S. 33:1423.1(B), (C) and (D), relative to the collection and disposition of bonds, fines, fees, licenses, and taxes by sheriffs and ex officio tax collectors; to authorize sheriffs and ex officio tax collectors to contract with certain parties to aid in the collection of certain delinquent taxes and obligations; to provide for the payment for collection services on a fee basis; to limit the amount of the fee; and to provide for related Section 1. R.S. 33:1423.1(B), (C) and (D) are hereby amended and reenacted to Collection and disposition of bonds, fines, fees, licenses, taxes; acceptance of credit card or electronic check payment; expenses of collection borne pro rata by affected tax recipient bodies B. In addition to any other authority provided by law, sheriffs and ex officio tax collectors of the various parishes, including the chief administrative officer for the city of New Orleans may employ an agency or private counsel to assist in the collection of any due delinquent ad valorem taxes, any penalties or interest thereon, and any other payment which may be legally collected by a sheriff or tax collector or director of finance for the city of New Orleans. C. The sheriff or ex officio tax collector or director of finance for the city of New Orleans shall may enter into a contract with such agency or private attorney. which shall provide the hourly rate of payment for services. The hourly rate shall not exceed the attorney general s fee schedule. The contract shall include the method of compensation to be paid, which shall be either by an hourly rate for services or a specific fee. The hourly rate shall not exceed the attorney general s fee schedule. If the method of compensation is a fee, it shall not exceed ten percent of the amount collected, which percentage shall be calculated on the total amount collected inclusive of any monies due as a result of a fine, bond, tax, license fee, or any other payment to be collected. The compensation due to the private attorney or agency shall be payable to the tax recipient body by the taxpayer. The sheriff or ex officio tax collector or director of finance for the city of New Orleans shall obtain approval of the hourly rate or fee to be paid the private attorney or agency by the tax recipient bodies, which are owed in the aggregate, at least seventy-five percent of the revenues to be collected prior to contracting with the attorney or agency. The sheriff or ex officio tax collector or chief administrative officer shall give advance notice to the tax recipient bodies prior to employing counsel or an agency and shall provide an estimate of anticipated expenses. The affected tax recipient bodies shall each contribute its pro rata or equitable share of the fees and expenses of the attorney or agency. The sheriff or ex officio tax collector or director of finance for the city of New Orleans shall furnish an itemized expense voucher to all affected tax recipient bodies, which shall be due and payable upon receipt by the tax recipient body. D. If as a result of any judgment or settlement, monies attributable to attorney or agency fees and expenses are paid to the sheriff or ex officio tax collector or director of finance for the city of New Orleans in an amount in excess of the amount owed to the attorney or agency under contract, the sheriff or ex officio tax collector or director of finance for the city of New Orleans shall rebate * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored

17 such excess to the affected tax recipient bodies based upon their pro rata payments for the cost of the attorney or agency. ACT No. 440 SENATE BILL NO. 296 BY SENATOR MARTINY To enact R.S. 33:2841.1, relative to the collection of taxes in municipalities; to authorize municipalities to hire an attorney or agency to assist in the collection of certain taxes; to provide for the assessments and collection of a fee for such assistance; and to provide for related Section 1. R.S. 33: is hereby enacted to Assistance in collecting municipal taxes; compensation; exemptions A.(1) A municipal corporation may appoint an attorney at law or agency to assist the municipal tax collector in the collection of ad valorem taxes that are delinquent and have become final. (2) When the assistance of such attorney or agency is used, a fee of ten percent calculated upon the aggregate amount of all taxes, interest, and penalties so collected, shall be assessed as cost. Such fee shall be paid by the taxpayer and collected by the tax collector at the same time that the taxes, interest, and penalties are collected. B. The provisions of this Section shall not apply to any property tax matter involving correctness or legality challenges. ACT No. 441 SENATE BILL NO. 385 BY SENATOR CLAITOR To enact R.S. 33:9097.8, relative to East Baton Rouge Parish; to create the Broadmoor Crime Prevention and Improvement District; to provide for the purpose, governance, and powers and duties of the district; to provide with respect to the levy of an ad valorem tax within the district; and to provide for related Notice of intention to introduce this Act has been published. Section 1. R.S. 33: is hereby enacted to Broadmoor Crime Prevention and Improvement District A. Creation. There is hereby created within the parish of East Baton Rouge, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the Broadmoor Crime Prevention and Improvement District, hereinafter referred to as the district. The district shall be a political subdivision of the state as defined in the Constitution of Louisiana. B. Boundaries. The boundaries of the district shall be coterminous with the boundaries of the Broadmoor Subdivision in East Baton Rouge Parish as established in the official subdivision plat filed with the clerk of court of East Baton Rouge Parish. C. Purpose. The purpose of the district shall be to aid in crime prevention and to add to the security of district residents by providing for an increase in the presence of law enforcement personnel in the district and to serve the needs of the residents of the district by funding beautification and improvements for the overall betterment of the district. CODING: Words in struck through type are deletions from existing law; words underscored D. Governance. (1) The district shall be governed by a board of commissioners consisting of seven members as follows: (a) The president of the Broadmoor Residents Association, Inc. (b) The board of directors of the Broadmoor Residents Association, Inc. or its successor shall appoint one member. (c) The member or members of the Louisiana House of Representatives who represent the area which comprises the district shall appoint one member. (d) The member or members of the Louisiana Senate who represent the area which comprises the district shall appoint one member. (e) The assessor for the parish of East Baton Rouge shall appoint one member. (f) The mayor-president for the parish of East Baton Rouge shall appoint one member. (g) The Metro Council member or council members who represent the district shall appoint one member. (2) All members of the board shall own property within the district. (3)(a) The terms of the members appointed pursuant to Subparagraphs (1)(c) through (g) of this Subsection shall be concurrent with the respective appointing authority. (b) The member serving pursuant to Subparagraph (1)(b) of this Subsection shall serve a term of four years after an initial term of one year. (c) The member serving pursuant to Subparagraph (1)(a) of this Subsection shall serve during his term of office. (4) The members of the board shall select from among themselves a president and such other officers as they deem appropriate. The terms and responsibilities of officers shall be as provided by the bylaws of the board. (5) The members of the board shall serve without compensation and shall not receive reimbursement for expenses. E. Powers and duties. The district, acting through its board of commissioners, shall have the following powers and duties: (1) To sue and be sued. (2) To adopt, use, and alter at will a corporate seal. (3) To receive and expend funds collected pursuant to Subsection F and in accordance with a budget adopted as provided by Subsection G of this Section. (4) To accept private grants and donations. (5) To enter into contracts with individuals or entities, private or public, for the provision of security patrols in the district. (6) To purchase items and supplies which the board deems instrumental to achieving the purpose of the district. (7) To acquire, lease, insure, and sell real property within the boundaries of the district in accordance with district plans. (8) To perform or have performed any other function or activity necessary for the achievement of the purpose of the district. F. Ad valorem tax. The governing authority of East Baton Rouge Parish is hereby authorized to levy and collect annually special taxes within the district subject to and in accordance with the provisions of this Subsection: (1) The amount of the annual tax shall be as requested by duly adopted resolution of the governing authority of the district. The tax shall be a special ad valorem tax levied on taxable property in the district and shall not exceed one mill. (2)(a) The tax shall be levied on each improved parcel located within the district. (b) For purposes of this Section, parcel means a lot, a subdivided portion of ground, or an individual tract and does not mean a condominium parcel as defined in R.S. 9: Thus, with respect to condominiums, the fee collector shall impose the parcel fee on each lot on which condominiums are situated and not on individual condominium units. (c) The owner of the parcel shall be responsible for payment of the tax. The tax collector shall submit the bill for a parcel fee which is to be collected * As it appears in the enrolled bill from condominium owners to the condominium owners association and the association shall pay the fee from funds available for that purpose. The association shall remain liable for the entire fee until it is paid. (3)(a) The fee shall be imposed only after the question of its imposition has been approved by a majority of the registered voters of the district voting at an election held for that purpose in accordance with the Louisiana Election Code. At least thirty days prior to any election held to approve the levy of a tax, the board of commissioners shall mail notification of the upcoming election to each registered voter of the district and to the owner of a parcel if the owner is not a registered voter of the district. No other election shall be required except as provided by this Paragraph. (b) The tax shall expire ten years from its initial levy but may be renewed as provided in Subparagraph (3)(a) of this Subsection. If renewed, the term of the imposition of the tax shall be as provided in the proposition authorizing such renewal, not to exceed ten years. (4) The tax shall be collected at the same time and in the same manner as all other ad valorem taxes on property subject to taxation by the city are levied and collected. (5) Any tax which is unpaid shall be added to the tax rolls of the city and shall be enforced with the same authority and subject to the same penalties and procedures as unpaid ad valorem taxes. (6) The parish of East Baton Rouge shall remit to the district all amounts collected not more than sixty days after collection. However, the board may enter into an agreement with the parish to authorize the parish to retain, as a collection fee, not more than one percent of the amount collected. G. Budget. (1) The board of commissioners shall adopt an annual budget in accordance with the Louisiana Local Government Budget Act, R.S. 39:1301 et seq. The budget and all amendments shall be subject to the approval of the East Baton Rouge Metropolitan Council. (2) The district shall be subject to audit by the legislative auditor pursuant to R.S. 24:513. H. Miscellaneous provisions. (1) It is the purpose and intent of this Section that the additional law enforcement personnel and their services provided for through the fees authorized herein shall be supplemental to and not in lieu of personnel and services provided in the district by the city of Baton Rouge and East Baton Rouge Parish. (2) If the district ceases to exist, any funds of the district shall be transmitted to the governing authority of East Baton Rouge Parish and shall be used for law enforcement purposes in the district. on July 1, ACT No. 442 SENATE BILL NO. 393 BY SENATOR CLAITOR To enact R.S. 33:9097.8, relative to crime prevention and improvement districts; to create the Shenandoah Estates Crime Prevention and Improvement District in East Baton Rouge Parish; to provide for the powers and duties of the district and its board of commissioners; to provide for a parcel fee; to provide with respect to termination of the district; and to provide for related Notice of intention to introduce this Act has been published. Section 1. R.S. 33: is hereby enacted to Shenandoah Estates Crime Prevention and Improvement District THE ADVOCATE, Baton Rouge, La., Tuesday, July 20, 2010 PAGE 145

18 A. Creation. There is hereby created within the parish of East Baton Rouge, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the Shenandoah Estates Crime Prevention and Improvement District, hereinafter referred to as the district. The district shall be a political subdivision of the state as defined in the Constitution of Louisiana. B. Boundaries. The boundaries of the district shall be that area within Filings 1 through 30 of the Shenandoah Estates Subdivision in East Baton Rouge Parish as established in the official subdivision plat filed with the clerk of court of East Baton Rouge Parish. C. Purpose. The district is established for the purpose of promoting and encouraging security in the area included within the district and promoting and encouraging the beautification and overall betterment of the district. D. Governance. (1) The district shall be governed by a nine-member board of commissioners, referred to in this Section as the board. The board shall be composed as follows: (a) The president of the Shenandoah Estates Homeowners Association, Inc., referred to in this Section as the association. (b) The board of directors of the association shall appoint four members. (c) The mayor-president of East Baton Rouge Parish shall appoint one member from a list of nominations submitted by the association. (d) The member of the governing authority of East Baton Rouge Parish whose council district encompasses all or the greater portion of the area of the district shall appoint one member from a list of nominations submitted by the association. (e) The member of the Louisiana House of Representatives whose district encompasses all or the greater portion of the area of the district shall appoint one member. (f) The member of the Louisiana Senate whose district encompasses all or the greater portion of the area of the district shall appoint one member. (2) All members of the board shall be residents of the district. (3)(a) Board members serving pursuant to Subparagraphs (1)(b) through (f) of this Subsection shall serve four-year terms after initial terms as provided in this Subparagraph. Two members shall serve initial terms of one year; two shall serve initial terms of two years; two shall serve initial terms of three years; and two shall serve initial terms of four years, as determined by lot at the first meeting of the board. (b) The member serving pursuant to Subparagraph (1)(a) of this Subsection shall serve during his term of office as president of the association. (c) Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled for the remainder of the unexpired term in the same manner as the original appointment. Board members shall be eligible for reappointment. (4) The board shall elect from its members a chairman, a vice chairman, a secretary, a treasurer, and such other officers as it may deem necessary. The duties of the officers shall be fixed by the bylaws adopted by the board. (5) The minute books and archives of the district shall be maintained by the secretary of the board. The monies, funds, and accounts of the district shall be in the official custody of the board. (6) The board shall adopt such rules and regulations as it deems necessary or advisable for conducting its business affairs. Rules and regulations of the board relative to the notice and conduct of meetings shall conform to applicable law, including, if applicable, R.S. 42:4.1 et seq., relative to open meetings. The board shall hold regular meetings as shall be provided for in the bylaws and may hold special meetings at such times and places within the district as may be prescribed in the bylaws. (7) A majority of the members of the board shall constitute a quorum for the transaction of THE ADVOCATE PAGE 146 business. The board shall keep minutes of all meetings and shall make them available through the secretary of the board. (8) Each member of the board shall have one vote, and the vote of a majority of the members of the board present and voting, a quorum being present, shall be required to decide any question upon which the board takes action. (9) The members of the board shall serve without compensation but shall be reimbursed for their reasonable out-of-pocket expenses directly related to the governance of the district. E. Powers and Duties. The district, acting through its board, shall have the following powers and duties: (1) To sue and be sued. (2) To adopt, use, and alter at will a corporate seal. (3) To receive and expend funds collected pursuant to Subsection F of this Section and in accordance with a budget adopted as provided by Subsection H of this Section. (4) To enter into contracts with individuals or entities, private or public. (5) To provide or enhance security patrols in the district, to provide for improved lighting, signage, or matters relating to the security of the district, to provide for the beautification of and improvements for the district, or to provide generally for the overall betterment of the district. (6) To enter into contracts and agreements with one or more other districts for the joint security, improvement, or betterment of all participating districts. (7) To provide for such services and make such expenditures as the board deems proper for the upkeep of the district. (8) To acquire or lease items and supplies which the board deems instrumental to achieving the purposes of the district. (9) To procure and maintain liability insurance against any personal or legal liability of a board member that may be asserted or incurred based upon his service as a member of the board or that may arise as a result of his actions taken within the scope and discharge of his duties as a member of the board. (10) To perform or have performed any other function or activity necessary or appropriate to carry out the purposes of the district or for the overall betterment of the district. F. Parcel Fee. The governing authority of East Baton Rouge Parish is hereby authorized to impose and collect a parcel fee within the district subject to and in accordance with the provisions of this Subsection. (1) The amount of the fee shall be as requested by duly adopted resolution of the board. The fee shall be a flat fee per improved parcel of land not to exceed one hundred fifty dollars per year for each improved parcel, starting with fifty dollars for the first calendar year. (2) The fee shall be imposed on each improved parcel located within the district except as provided in Paragraph (4) of this Subsection. (a) For purposes of this Section, parcel means a lot, a subdivided portion of ground, an individual tract, or a condominium parcel as defined in R.S. 9: (b) The owner of each parcel shall be responsible for payment of the fee. (3)(a)(i) The fee of fifty dollars for the first calendar year, subject to change thereafter by duly adopted resolution of the board, not to exceed the maximum amount authorized as provided in this Subsection, shall be imposed only after the question of its imposition and the board s authority to increase the fee has been approved by a majority of the registered voters of the district who vote on the proposition at an election held for that purpose in accordance with the Louisiana Election Code. (ii) No other election shall be required except as provided by this Paragraph. (b) The initial election on the question of the imposition of the fee shall be held at the same time as a regularly scheduled election in East Baton Rouge Parish. (c) If approved, the fee and the board s authority to increase it shall expire in five years, but the fee and board authority may be renewed if approved by a majority of the registered voters of the district voting on the proposition at an election as provided in Subparagraph (a) of this Paragraph. Any election to authorize the renewal of the fee shall be held only at the same time as the regular scheduled election for East Baton Rouge Parish. If the fee and board authority is renewed, the term of the imposition of the fee shall be as provided in the proposition authorizing such renewal, not to exceed eight years. (4) No fee shall be imposed upon any parcel whose owner qualifies for and receives the special assessment level provided by Article VII, Section 18(G)(1) of the Constitution of Louisiana. (5) The fee shall be collected at the same time and in the same manner as ad valorem taxes on property subject to taxation by East Baton Rouge Parish are collected. (6) Any parcel fee which is unpaid shall be added to the tax rolls of East Baton Rouge Parish and shall be enforced with the same authority and subject to the same penalties and procedures as unpaid ad valorem taxes. (7)(a) The proceeds of the fee shall be used solely and exclusively for the purpose and benefit of the district; however, the East Baton Rouge Parish Sheriff may retain one percent of the amount collected as a collection fee. (b) The East Baton Rouge Parish Sheriff shall remit to the district all amounts collected not more than sixty days after collection. G. Additional Contributions. The district is authorized to solicit and accept additional voluntary contributions and grants to further the purposes of the district. H. Budget. (1) The board shall adopt an annual budget in accordance with the Local Government Budget Act, R.S. 39:1301 et seq. (2) The district shall be subject to audit by the legislative auditor pursuant to R.S. 24:513. I. Miscellaneous. It is the purpose and intent of this Section that any additional security patrols, public or private, or any other security or other services or betterments provided by the district shall be supplemental to and not be in lieu of personnel and services to be provided in the district by the state of Louisiana, East Baton Rouge Parish, or their departments or agencies or by other political subdivisions. J. Dissolution. (1) The district may be dissolved without the vote of the registered voters of the district if a majority of the area covered by the district becomes included in another district that serves similar purposes but includes additional parcels of property adjacent to the district, if approved by the affirmative vote of not less than five members of the board. If the district is dissolved in accordance with this Paragraph, the funds of the district that relate to the portion of the district that is included in the new district, together with any other funds collected by the parish of East Baton Rouge pursuant to this Section that relate to such portion of the district, shall be transferred to the new district to be used for purposes of the new district. The remaining portion of funds, if any, shall be transmitted by the board to the parish of East Baton Rouge and such funds shall be used only for law enforcement, security, improvement, and beautification purposes of the area that was formerly within the district but is not included in the new district. (2) If the district is dissolved pursuant to Paragraph (1) of this Subsection, the authority for the imposition of the parcel fee provided in Subsection F of this Section shall cease. K. Indemnification and exculpation. (1) The district shall indemnify its officers and board members to the fullest extent permitted by R.S. 12:227, as fully as if the district were a nonprofit corporation governed thereby, and as may be provided in the district s bylaws. * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored

19 (2) No board member or officer of the district shall be liable to the district or to any individual who resides, owns property, visits, or otherwise conducts business in the district for monetary damages for breach of his duties as a board member or officer, provided that the foregoing provision shall not eliminate or limit the liability of a board member or officer for any of the following: (a) Acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law. (b) Any transaction from which he derived an improper personal benefit. (3) To the fullest extent permitted by R.S. 9:2792 et seq., including R.S. 9: through , a person serving the district as a board member or officer shall not be individually liable for any act or omission arising out of the performance of his duties. ACT No. 443 SENATE BILL NO. 478 BY SENATOR N. GAUTREAUX To amend and reenact R.S. 4:165(A)(1) and (2) and (B)(1) and (2), relative to certain horse racing purses and breeders awards; to provide with respect to monies allocated for purses and breeders awards; to provide for an effective date; and to provide for related Section 1. R.S. 4:165(A)(1) and (2) and (B)(1) and (2) are hereby amended and reenacted to read as follows: 165. Funds of the commission; purses and breeders awards; withholds; promotion and research A.(1) Out of the funds appropriated by the legislature for the expenses and operation of the Louisiana State Racing Commission, the commission the legislature shall allocate and use annually the sum of seven hundred thousand dollars or a sum equal to three tenths of one percent of the total gross pari mutuel handle wagered annually on all horse races at all tracks where pari mutuel wagering is conducted at race meetings of racing associations and at offtrack wagering facilities authorized and licensed by the commission, whichever sum is greater, to make special awards to stallion owners whose Louisiana stallions have sired accredited Louisiana bred finishing first, second, or third in a stake, handicap, or allowance race, exclusive of maiden races, for thoroughbred horses upon which pari mutuel wagering is conducted at race meetings of racing associations and at offtrack wagering facilities authorized and licensed by the commission and to supplement purses and to make special breeder awards to the breeders of accredited Louisiana bred horses finishing first, second, or third in any race for accredited Louisiana bred thoroughbred horses upon which pari mutuel wagering is conducted at race meetings of racing associations and at offtrack wagering facilities authorized and licensed by the commission. Special awards to stallion owners shall also be made to owners whose Louisiana stallions have sired accredited Louisiana bred finishing first, second, or third in out-of-state stakes races with purses of at least twenty-five thousand dollars, added. CODING: Words in struck through type are deletions from existing law; words underscored (2) The breeder award herein authorized shall be paid and disbursed to the breeder who becomes entitled thereto pursuant to the provisions hereof, according to a schedule or formula and within a period which is or shall be established by the Executive Committee of the Louisiana Thoroughbred Breeders Association. Any purse supplement herein authorized and paid by the commission shall in no case exceed the amount provided as a purse by the racing association conducting the race meeting in this state or the races conducted in any other state as provided for in Paragraph (1) of this Subsection. Monies for the awards as provided in Paragraph (1) of this Subsection, shall be appropriated to the Louisiana Thoroughbred Breeders Association for disbursement to the entitled breeders. B.(1) Out of the funds appropriated by the legislature for the expenses and operation of the Louisiana State Racing Commission, the commission the legislature shall allocate and use annually the sum of eight hundred thousand dollars to make special stallion awards to the owners of stallions of accredited Louisiana bred offspring which finish first, second, or third, in a stake, handicap, or allowance race, exclusive of maiden races, for quarter horses run at any track licensed by the commission; and to supplement purses and to make special breeders awards to the breeders of accredited Louisiana bred quarter horses which finish first, second, or third in a race or races for accredited Louisiana bred quarter horses conducted at a race meeting or meetings in Louisiana. However, the awards paid under the provisions of this Subsection shall be considered as an overhead expense of the racing commission and paid without regard to the track where quarter horses are running, the payment of this award not to be considered an expense solely of the track or tracks running quarter horses. (2) The breeder award herein authorized shall be paid and disbursed to the breeder who becomes entitled thereto pursuant to the provisions hereof, according to the schedule or formula which is or shall be established by the Executive Committee of the Louisiana Quarter Horse Breeders Association, not later than the thirtieth day following the close of the race meeting at which the breeder award was earned. Any such purse supplement herein authorized and paid by the commission shall in no case exceed the amount provided as a purse by the licensee conducting the race meeting. Monies for the awards as provided in Paragraph (1) of this Subsection, shall be appropriated to the Louisiana Quarter Horse Breeders Association for disbursement to the entitled breeders. on July 1, 2010; if vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on July 1, 2010, or on the day following such approval by the legislature, whichever is later. ACT No. 444 SENATE BILL NO. 487 BY SENATOR NEVERS To enact R.S. 49:191(4)(f) and to repeal R.S. 49:191(3)(o), relative to the Department of Education, including provisions to provide for the re creation of the Department of Education and the statutory entities made a part of the department by law; to provide for the effective termination date for all statutory authority for the existence of such statutory entities; and to provide for related * As it appears in the enrolled bill Section 1. Pursuant to R.S. 49:193, the Department of Education and the statutory entities made a part of the department by law shall be re-created effective June 30, 2010, and all statutory authority therefor is continued in accordance with the provisions of Part XII of Chapter 1 of Title 49 of the Louisiana Revised Statutes of Section 2. All statutory authority for the existence of the Department of Education and the statutory entities made a part of the department as re-created by Section 1 of this Act shall cease as of July 1, 2013, pursuant to R.S. 49:191. However, the Department of Education may be re-created prior to such date in accordance with the provisions of Part XII of Chapter 1 of Title 49 of the Louisiana Revised Statutes of Section 3. The provisions of R.S. 49:193 are hereby superseded to the extent that those provisions are in conflict with the provisions of this Act. Section 4. R.S. 49:191(4)(f) is hereby enacted to 191. Termination of legislative authority for existence of statutory entities; phase-out period for statutory entities; table of dates Notwithstanding any termination dates set by any previous Act of the legislature, the statutory entities set forth in this Section shall begin to terminate their operations on July first of each of the following years, and all legislative authority for the existence of any statutory entity, as defined in R.S. 49:190, shall cease as of July first of the following year, which shall be the termination date: (4) July 1, 2012: (f) The Department of Education and all statutory entities made a part of the department by law. Section 5. R.S. 49:191(3)(o) is hereby repealed in its entirety. Section 6. This Act shall become effective on June 30, 2010; if vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on June 30, 2010, or on the day following such approval by the legislature, whichever is later. ACT No. 445 SENATE BILL NO. 490 BY SENATOR NEVERS To enact R.S. 17:183.3(B)(3), relative to high school career options; to provide relative to certain examinations administered to students pursuing a career major curriculum and a career diploma; to require that construction of end-of-course examination questions reflect course content and method of instruction; and to provide for related Section 1. R.S. 17:183.3(B)(3) is hereby enacted to Career major; description; curriculum and graduation requirements B. (3) The questions included in any end-of-course examination administered to students pursuing a career major program and curriculum as provided in this Section, the passage of which is required for high school graduation, shall be constructed in a manner that reflects course design and content and the method of instruction employed for the course. THE ADVOCATE, Baton Rouge, La., Tuesday, July 20, 2010 PAGE 147

20 ACT No. 446 SENATE BILL NO. 493 BY SENATOR NEVERS To repeal R.S. 17:2005, relative to the Louisiana Community and Technical College System; to delete certain duplicative and outdated reporting requirements relative to postsecondary vocational-technical schools; and to provide for related Section 1. R.S. 17:2005 is hereby repealed in its entirety. ACT No. 447 SENATE BILL NO. 538 BY SENATOR NEVERS To amend and reenact R.S. 17:3126(D)(2), 3128(A) and (B)(1), 3130(A) and (B)(1)(a), and 3351(A)(introductory paragraph), relative to postsecondary education; to provide with respect to the powers, duties, and functions of the Board of Regents and the postsecondary education management boards; and to provide for related Section 1. R.S. 17:3126(D)(2), 3128(A) and (B)(1), 3130(A) and (B)(1)(a), and 3351(A)(introductory paragraph) are hereby amended and reenacted to Power to disapprove; approve; or modify; service regions, establishment D. (2)(a) The Board of Regents shall evaluate the instructional and physical resources of such existing institutions within each region, including the resources of existing higher education institutions, and shall assure maximum use thereof before recommending the creation of any new postsecondary institution within the region. The Board of Regents may provide for the use within a region of existing resources from outside the region before recommending the creation of any new postsecondary institution within the region. (b) Such evaluation shall also be used by the board to create efficiencies, increase student access, enhance academic quality, further the goals established by the master plan for postsecondary education, and for any other purpose that will serve to advance postsecondary education in each region and the state as a whole. (c) With the exception of those matters enumerated in Article VIII, Section 5 of the Constitution of Louisiana that require legislative approval, the Board of Regents shall adopt such policies and take such actions deemed appropriate and necessary to maximize the use of all resources available to support and promote postsecondary education in the state Power to formulate master plan; mission establishment THE ADVOCATE PAGE 148 A. The Board of Regents shall have the power to formulate and make timely revision of a master plan for higher postsecondary education. As a minimum, the plan shall include a formula for equitable distribution of funds to the institutions of higher postsecondary education. The board shall submit its plan and formula for funding to the governor and the legislature. B.(1) In cooperation After consultation with each higher postsecondary education management board, the chancellor, and the president of each public institution of higher postsecondary education, the Board of Regents shall devise, describe, and establish a mission for each public university system and for each institution within each system. Each mission statement shall be included in and form the basis of the master plan provided for in Subsection A of this Section. Initial mission statements shall be completed no later than January 15, 1989, shall be reviewed periodically, and shall be individually revised as often thereafter as is necessary to achieve and maintain the institutional balance necessary to diversity, access, and excellence Other powers A. All powers of management over public institutions of higher postsecondary education not specifically vested in the Board of Regents by Article VIII, Section 5 of the Constitution of Louisiana, are reserved to the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, the Board of Supervisors of Community and Technical Colleges, and the Board of Trustees for State Colleges and Universities, as to the institutions under the control of each. B.(1)(a) All constitutional responsibilities of the Board of Regents, including the development of a formula for equitable distribution of funds, provisions of the master plan for postsecondary education, and any other board policy that is part of a statewide plan or has statewide application, shall apply to all public postsecondary institutions, including vocational-technical schools General powers, duties, and functions of college and university boards A. Subject only to the powers of the Board of Regents specifically enumerated in Article VIII, Section 5 of the Constitution of Louisiana, and as otherwise provided by law, each postsecondary system management board as a body corporate shall have authority to exercise power necessary to supervise and manage the day-to-day operations of institutions of postsecondary education under its control, including but not limited to the following: ACT No. 448 SENATE BILL NO. 572 BY SENATOR CLAITOR To enact R.S. 13:918, relative to clerks of court; to provide for the duties of clerks of court; to provide for the disbursement of funds in the registry of the court; to provide for accrued interest; and to provide for related Section 1. R.S. 13:918 is hereby enacted to read as follows: 918. Disbursement of funds After the clerk of court receives a copy of an order authorizing disbursement of funds located in the registry of the court, the clerk within fifteen business days shall disburse the funds by check, payable to each entity or person entitled to the funds. If the clerk of court fails to disburse the funds within the time period required under this Section, the entity or person entitled to the funds shall also be entitled to receive all interest earned on such funds while in the registry of the court. ACT No. 449 SENATE BILL NO. 600 BY SENATOR MOUNT To amend and reenact R.S. 13:2575(A), relative to public health, housing, and environmental violations; to authorize all municipalities to prescribe civil penalties; and to provide for related Section 1. R.S. 13:2575(A) is hereby amended and reenacted to Public health, housing, and environmental violations; administrative adjudication; procedure; appeal; penalties A. Any municipality or parish having a population of four hundred twenty- five thousand or more may prescribe civil fines for violation of public health, housing, fire code, environmental, and historic district ordinances in the municipality or parish by owners of immovable property, their agents, tenants, or representatives pursuant to the procedures for administrative adjudication provided in this Chapter. For the purposes of this Chapter, housing violations shall encompass only those conditions in privately owned structures which are determined to constitute a threat or danger to the public health, safety or welfare and/or to the environment, or a historic district. In municipalities with a population of seventy thousand or more, the term housing violation as used in this Chapter shall also encompass building codes, zoning, vegetation, and nuisance ordinances. However, nothing in this Section shall be construed to affect activities which occur on the premises of manufacturing facilities and which are regulated by Title 30 of the Louisiana Revised Statutes of ACT No. 450 SENATE BILL NO. 641 BY SENATORS MORRELL AND HEBERT AND REPRESENTATIVE LEGER To enact 33:41, relative to a local government authority; to provide that certain contracts are void and unenforceable; to impose a duty upon the local government authority; to provide for an effective date; and to provide for related Section 1. R.S. 33:41 is hereby enacted to read as follows: 41. Illegal contracts A. Any contract awarded or executed, or purchase made in violation of R.S. 14:118 (public bribery), and where a conviction has been obtained, shall be null and void and shall not be enforced in the courts of * As it appears in the enrolled bill CODING: Words in struck through type are deletions from existing law; words underscored