acts of 2016 legislature - the advocate

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

ACTS OF 2016 LEGISLATURE

Acts 1 - 117 (Except Acts 17, 27, 37, 47, 57, 67 & 77)

ACT No. 1- - -

SENATE BILL NO. 1BY SENATORS MORRISH, ALARIO, ALLAIN, APPEL, BARROW, BISHOP,

BOUDREAUX, BROWN, CARTER, CHABERT, CLAITOR, COLOMB, CORTEZ, DONAHUE, ERDEY, FANNIN, GATTI, HEWITT, JOHNS, LAFLEUR, LAMBERT, LONG, LUNEAU, MARTINY, MILKOVICH, MILLS, MIZELL, MORRELL, PEACOCK, PERRY, PETERSON, RISER, GARY SMITH, JOHN SMITH, TARVER, THOMPSON, WALSWORTH, WARD AND WHITE AND REPRESENTATIVES ABRAHAM, ABRAMSON, ADAMS, AMEDEE, ANDERS, ARMES, BACALA, BAGLEY, BAGNERIS, BARRAS, BERTHELOT, BILLIOT, BISHOP, BOUIE, BROADWATER, CHAD BROWN, TERRY BROWN, CARMODY, CARPENTER, GARY CARTER, ROBBY CARTER, STEVE CARTER, CHANEY, CONNICK, COUSSAN, COX, CROMER, DANAHAY, DAVIS, DEVILLIER, DWIGHT, EDMONDS, EMERSON, FALCONER, FOIL, FRANKLIN, GAINES, GAROFALO, GISCLAIR, GLOVER, GUINN, HALL, JIMMY HARRIS, LANCE HARRIS, HAVARD, HAZEL, HENRY, HENSGENS, HILFERTY, HILL, HODGES, HOFFMANN, HOLLIS, HORTON, HOWARD, HUNTER, HUVAL, IVEY, JACKSON, JAMES, JEFFERSON, JENKINS, MIKE JOHNSON, ROBERT JOHNSON, JONES, NANCY LANDRY, TERRY LANDRY, LEBAS, LEGER, LEOPOLD, LOPINTO, LYONS, MACK, MAGEE, MARCELLE, MCFARLAND, MIGUEZ, DUSTIN MILLER, GREGORY MILLER, MONTOUCET, MORENO, JAY MORRIS, JIM MORRIS, NORTON, PEARSON, PIERRE, POPE, PRICE, PUGH, PYLANT, REYNOLDS, RICHARD, SCHEXNAYDER, SCHRODER, SEABAUGH, SHADOIN, SIMON, SMITH, STOKES, TALBOT, THIBAUT, WHITE, WILLMOTT AND ZERINGUE

AN ACTTo designate a portion of Louisiana Highway 14 in Calcasieu Parish as the

“Louisiana State Trooper Steven Vincent Memorial Highway”; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. The portion of Louisiana Highway 14 between its intersection

with Louisiana Highway 27 and its intersection with Lognion Road, all in Calcasieu Parish, shall be hereinafter known and designated as the “Louisiana State Trooper Steven Vincent Memorial Highway”.

Section 2. The Department of Transportation and Development and its contractors are hereby directed to erect and maintain appropriate signage reflecting this designation.

Approved by the Governor, April 29, 2016.A true copy:

Tom SchedlerSecretary of State

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ACT No. 2- - -

HOUSE BILL NO. 273BY REPRESENTATIVE TALBOT

AN ACTTo enact R.S. 49:191(10) and to repeal R.S. 49:191(6)(g), relative to the

Department of Insurance, including provisions to provide for the re-creation of the Department of Insurance 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 matters.

Be it enacted by the Legislature of Louisiana:Section 1. Pursuant to R.S. 49:193, the Department of Insurance and the

statutory entities made a part of the department by law shall be re-created effective June 30, 2016, 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 1950.

Section 2. All statutory authority for the existence of the Department of Insurance 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, 2023, pursuant to R.S. 49:191. However, the Department of Insurance 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 1950.

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(10) is hereby enacted to read as follows:

§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:

* * *(10) July 1, 2022:(a) The Department of Insurance and all statutory entities made a part of

the department by law.Section 5. R.S. 49:191(6)(g) is hereby repealed in its entirety.Section 6. This Act shall become effective on June 30, 2016; if vetoed by

the governor and subsequently approved by the legislature, this Act shall become effective on June 30, 2016, or on the day following such approval by the legislature, whichever is later.

Approved by the Governor, April 29, 2016.A true copy:


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ACT No. 3- - -


AN ACTTo amend and reenact R.S. 22:1260.4(B)(10), relative to discount medical plan

organizations; to provide with respect to registration of such organizations with the commissioner of insurance; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 22:1260.4(B)(10) is hereby amended and reenacted to read

as follows: §1260.4. Procedure for registration

* * *B. The application shall be on a form prescribed by the commissioner,

accompanied by any supporting documentation and shall be signed and verified by the applicant. The information required by the application shall include the following items:

* * *(10) The name and address of the applicant’s Louisiana statutory agent

for service of process, notice of demand, or if not domiciled in this state, the name and address of the applicant’s appointed Louisiana statutory agent for service of process or a power of attorney executed by the applicant, appointing the commissioner as the true and lawful attorney of the applicant in and for this state upon whom all law process in any legal action or proceeding against the discount medical plan organization on a cause of action arising in this state may be served.

* * *Approved by the Governor, April 29, 2016.

A true copy: Tom Schedler

Secretary of State- - - - - - - -

ACT No. 4- - -


AN ACTTo enact R.S. 22:1923(2)(n), relative to fraudulent insurance acts; to provide

that making certain false statements to the Property Insurance Association of Louisiana is such an act; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 22:1923(2)(n) is hereby enacted to read as follows: §1923. DefinitionsAs used in this Part, the following terms shall have the meanings indicated

in this Section:* * *

(2) “Fraudulent insurance act” shall include but not be limited to acts or omissions committed by any person who, knowingly and with intent to defraud:

* * *(n) Presents, causes to be presented, or prepares with knowledge or

belief that it will be presented to the Property Insurance Association of Louisiana, any written statement which he knows to contain materially false information in connection with the grading by the Property Insurance Association of Louisiana of a municipality or fire district.




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ACT No. 5- - -

HOUSE BILL NO. 515BY REPRESENTATIVE ANDERS

AN ACTTo amend and reenact R.S. 3:4215(B)(introductory paragraph), relative to

exemptions applicable to the inspection of meat; to remove the exemption from inspection applicable to slaughtered animals; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 3:4215(B)(introductory paragraph) is hereby amended and

reenacted to read as follows:§4215. Exemption; farmers, custom, retailers, restaurants, and similar

retail type establishments* * *

B. The provisions of this Chapter requiring inspection of the slaughter of animals and the preparation of carcasses, parts thereof, meat and meat food products shall not apply when all of the following apply:




ACT No. 6- - -


AN ACTTo amend and reenact R.S. 22:236(4), 237.2(4), 524(3), 528(2), 552(2), 1641(4),

and 1981(A)(3), relative to citations in the Insurance Code; to correct certain citations to definitions of the terms “control” and “person”; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 22:236(4), 237.2(4), 524(3), 528(2), 552(2), 1641(4), and 1981(A)(3)

are hereby amended and reenacted to read as follows: §236. DefinitionsAs used in this Subpart, the following terms shall have the respective

meanings hereinafter set forth, unless the context shall otherwise require:* * *

(4) “Control” has the meaning set forth in R.S. 22:692. R.S. 22:691.2.* * *

§237.2. DefinitionsAs used in this Subpart, the following terms shall have the respective

meanings hereinafter set forth, unless the context shall otherwise require:* * *

(4) “Control” means the same as that set forth in R.S. 22:692. R.S. 22:691.2.* * *

§524. Title insurance producer; restrictionsThe title insurance producer shall not:

* * *(3) Jointly employ an individual who is employed with the title insurer

unless the title insurer and the title insurance producer are affiliated or otherwise under common control as defined by R.S. 22:692(3). R.S. 22:691.2.

* * *§528. Title insurer; restrictionsA title insurer shall not:

* * *(2) Jointly employ an individual who is employed with the title insurance

producer unless the title insurer and the title insurance producer are affiliated or otherwise under common control as defined by R.S. 22:692(3). R.S. 22:691.2.

* * *§552. DefinitionsAs used in this Part, the following terms shall have the respective meanings

hereinafter set forth, unless the context shall otherwise require:* * *

(2) “Control” or “controlled” has the meaning as defined in R.S. 22:692(3). R.S. 22:691.2.

* * *§1641. DefinitionsAs used in this Part, unless the context requires otherwise, the following

definitions shall be applicable:* * *

(4) “Control” means as defined in R.S. 22:692. R.S. 22:691.2.* * *

§1981. Commissioner of insurance to examine insurers and producersA.

* * *(3) For purposes of completing an examination of any company under this

Chapter, and in addition to any other power granted to the commissioner by this Code, the commissioner may examine or investigate any person, as defined in R.S. 22:692(7), R.S. 22:691.2 or the business of any person, in so far as such examination or investigation is, in the sole discretion of the commissioner, necessary or material to the examination of the company.




ACT No. 7- - -

HOUSE BILL NO. 179BY REPRESENTATIVE WHITE AND SENATORS ALARIO, BARROW,

BISHOP, CARTER, CHABERT, GATTI, LONG, LUNEAU, MIZELL, MORRELL, RISER, GARY SMITH, JOHN SMITH, THOMPSON, AND WARD

AN ACTTo amend and reenact R.S. 56:143(A) and to enact R.S. 56:8(14.1), relative to

requirements of hunters during open gun season; to add “blaze pink” as an alternative to the “hunter orange” requirements; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 56:143(A) is hereby amended and reenacted and R.S.

56:8(14.1) is hereby enacted to read as follows:§8. DefinitionsFor purposes of this Chapter, the following words and phrases have the

meaning ascribed to them in this Section, unless the context clearly shows a different meaning:

* * *(14.1) “Blaze pink” means a daylight fluorescent pink color.

* * *§143. “Hunter orange” or “blaze pink” display by hunters with gunsA. Any person hunting any wildlife during the open gun deer hunting

season and possessing buckshot, slugs, a muzzleloader, or a centerfire rifle shall display on his head, chest, or back a total of not less than four hundred square inches of material of a daylight fluorescent orange color known as “hunter orange” or a daylight fluorescent pink color known as “blaze pink”. Persons hunting on privately owned, legally posted land may wear a cap or a hat that is completely covered with hunter orange or blaze pink material in lieu of the foregoing requirement to display four hundred square inches of hunter orange or blaze pink. These provisions shall not apply to persons hunting deer from elevated stands on property which is privately owned and legally posted, or to archery deer hunters hunting on legally posted land where firearm hunting is not permitted by agreement of the owner or lessee.

* * *Approved by the Governor, May 5, 2016.



ACT No. 8- - -

HOUSE BILL NO. 194BY REPRESENTATIVES JAMES AND HUNTER

AND SENATORS CARTER AND MILLSAN ACT

To enact Code of Criminal Procedure Article 983(F)(5), relative to expungement of arrest records in misdemeanor and felony cases; to provide for an exemption of fees in certain expungement cases; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. Code of Criminal Procedure Article 983(F)(5) is hereby enacted

to read as follows: Art. 983. Costs of expungement of a record; fees; collection; exemptions;

disbursements* * *

F. An applicant for the expungement of a record shall not be required to pay any fee to the clerk of court, the Louisiana Bureau of Criminal Identification and Information, sheriff, the district attorney, or any other agency to obtain or execute an order of a court of competent jurisdiction to expunge the arrest from the individual’s arrest record if a certification obtained from the district attorney is presented to the clerk of court which verifies that the applicant has no felony convictions and no pending felony charges under a bill of information or indictment and at least one of the following applies:

* * *(5) Concerning the arrest record which the applicant seeks to expunge,

the applicant was determined by the district attorney to be a victim of a violation of R.S. 14:67.3 (unauthorized use of “access card”), a violation of R.S. 14:67.16 (identity theft), a violation of R.S. 14:70.4 (access device fraud), or a violation of any other crime which involves the unlawful use of the identity or personal information of the applicant.




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ACT No. 9- - -


AN ACTTo amend and reenact R.S. 3:559.23(B), (D), and (F), 559.25(A)(6), and 559.27(A),

and to repeal R.S. 3:559.23(C) and 559.26, relative to the Louisiana Aquatic Chelonian Research and Promotion Board; to provide for the board membership; to repeal referendums associated with the board; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 3:559.23(B), (D), and (F), 559.25(A)(6), and 559.27(A) are

hereby amended and reenacted to read as follows:§559.23. Louisiana Aquatic Chelonian Research and Promotion Board

* * *B.(1) The board shall consist of ten six members, nine five of whom shall

be licensed turtle farmers appointed by the commissioner and confirmed by the Senate, as follows:.

(2) The commissioner, or his designee, shall serve ex officio and shall have all rights and responsibilities of appointed members. The commissioner or his designee shall be counted for purposes of constituting a quorum.

(1) Two members shall be licensed farmers appointed from a list of four persons nominated by the Louisiana Turtle Farmers Association.

(2) Two members shall be licensed farmers appointed from a list of four persons nominated by the Independent Turtle Farmers of Louisiana, Inc.

(3) Two members shall be licensed farmers appointed from a list of four persons nominated by the Pet Turtle Cooperative Association, Inc.

(4) Two members shall be licensed farmers who are not a member of any of the trade organizations listed in this Subsection.

(5) One member with knowledge of the aquatic chelonian industry shall be appointed at large.

D. At the same time and in the same manner, the commissioner shall appoint one alternate for each appointed member. The alternate appointed to represent a member nominated by a trade group shall be appointed from the list of four persons submitted by the respective trade group. Each alternate member shall be a licensed turtle farmer. When a member is unable to be present at any meeting of the board, his alternate shall serve in his place. Any alternate serving in the place of a member shall exercise all of the powers vested by law in the member, including the right to vote.

* * *F. Vacancies in the offices of the members and alternates shall be filled

in the same manner as the original appointments. If the position of any member or alternate appointed from a list of persons submitted by one of the trade groups named in this Section becomes vacant, then the commissioner shall call for a list of names from the appropriate trade group. If any trade group named in this Section becomes defunct or does not submit a full list of names to the commissioner within thirty days after he requests a list of names, then the commissioner may appoint any licensed turtle farmer not already appointed to the board to fill a vacancy. Persons appointed to fill vacancies shall serve out the unexpired portion of the memberships to which they have been appointed.

* * *§559.25. PowersA. The board shall have the following powers:

* * *(6) To annually adjust the amount of assessment in accordance with the

needs of the aquatic chelonian industry, but not to exceed the amount of one cent per aquatic chelonian as authorized by this Part and approved by referendum.

* * *§559.27. Assessment on aquatic chelonians; collection; refunds; costsA. An assessment may be levied on all aquatic chelonians produced in

Louisiana, subject to approval in a referendum authorized by this Part. The amount of the assessment shall be set by the board, but shall not exceed one cent per aquatic chelonian.

* * *Section 2. R.S. 3:559.23(C) and 559.26 are hereby repealed in their entirety.Approved by the Governor, May 5, 2016.



ACT No. 10- - -

HOUSE BILL NO. 523BY REPRESENTATIVE ROBBY CARTER

AN ACTTo amend and reenact R.S. 3:4156(2), 4159(A), and 4160(A) and to repeal R.S.

3:4156(3) and 4158, relative to the Dairy Industry Promotion Law; to provide for the removal of referendum criteria from the Dairy Industry Promotion Board; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 3:4156(2), 4159(A), and 4160(A) are hereby amended and

reenacted to read as follows:§4156. Powers and duties of the board

The board may:* * *

(2) Establish and impose assessments on the sale of milk solids, milk fats, and fluid milk components, subject to the limitations contained in R.S. 3:4158 and R.S. 3:4159.

* * *§4159. AssessmentA. The board is hereby authorized to levy an assessment not to exceed

ten cents per hundredweight, or equivalent thereof, on all milk solids, milk fats, or fluid milk components sold. The assessment shall be due and payable at the first point of sale. The assessment shall be paid by each dairy producer who sells milk solids, milk fats, or fluid milk components to dairy cooperative associations, processors, or distributors. No assessment shall be levied or collected until approved by a majority of dairy producers voting in a referendum conducted in accordance with R.S. 3:4158.

* * *§4160. Failure to pay assessment; penaltyA. Each dairy cooperative association, processor, or distributor who fails

to file any report required by the board or to pay the assessment authorized in R.S. 3:4159 after approval in a referendum of dairy producers within the time prescribed by this Part shall forfeit to the commissioner the amount of the assessment plus a penalty of ten percent of the assessment due, plus one percent of the assessment due for each month, or fraction thereof, of delay after the due date for payment of the assessment.

* * *Section 2. R.S. 3:4156(3) and 4158 are hereby repealed in their entirety.Approved by the Governor, May 5, 2016.



ACT No. 11- - -

HOUSE BILL NO. 588BY REPRESENTATIVE ROBERT JOHNSON

AN ACTTo amend and reenact R.S. 47:299.5, relative to fees for offset claims; to

provide for the fee for each offset claim charged to the Department of Children and Family Services; to provide for the fee for each offset claim charged to certain public defenders’ offices; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 47:299.5 is hereby amended and reenacted to read as follows: §299.5. Procedure for making offset claimsA. Any agency making an offset claim to the secretary shall make the

claim in writing to the office of the secretary and shall include with regard to each claim information required by promulgated rule and regulation of the secretary as provided for in this Part. Such writing shall also include a certification by the agency that the debts for which claims of offset are made are legally collectible, liquidated sums due and owing the agency or due and owing a person and collectible by the agency.

The B.(1) Except as provided in Paragraphs (2) and (3) of this Subsection, the agency shall pay to the secretary a fee of twenty-five dollars for each offset claim.

(2) The Department of Children and Family Services shall pay to the secretary a fee of four dollars for each offset claim.

(3) District public defenders’ offices shall pay to the secretary a fee of four dollars for each offset claim.

Approved by the Governor, May 5, 2016.A true copy:


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ACT No. 12- - -


AN ACTTo amend and reenact R.S. 3:3412(G), (H), (I), (J), and (K) and 3412.1(I), (J),

and (K) and to enact R.S. 3:3409(H)(4), 3412(L), and 3412.1(L), relative to the Agricultural Commodity Dealer and Warehouse Law; to provide guidelines for payment of claims under the agricultural commodity dealer and warehouse law; to provide guidelines for payments by the commission using the self-insurance fund; to provide guidelines for payments by the commission using grain and cotton indemnity funds; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 3:3412(G), (H), (I), (J), and (K) and 3412.1(I), (J), and (K) are

hereby amended and reenacted and R.S. 3:3409(H)(4), 3412(L), and 3412.1(L) are hereby enacted to read as follows:

§3409. Security and provisional stock insurance required as a condition of license, time of filing; amount of security; approval; notice of cancellation; changes in licensed capacity; failure to maintain security and insurance in full force and effect

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* * *H. The commission shall be the sole owner of the security and shall be

the sole party entitled to sue upon, recover, or enforce the security. Any other person or party, including, without limitation, any licensee, person, producer, cotton farmer or agent, or creditor who has a claim against a licensee, shall have no ownership or other interest in the security and shall have no right to sue upon, recover, or enforce the security, except pursuant to the commission’s administrative procedures.

* * *(4) Notwithstanding any other provision of law to the contrary, when

paying any claim on the security under this Chapter, the commission shall make payments jointly payable to the claimant and to all other secured parties and lienholders that, ten days before the payment date, hold a security interest in or a lien on the crops, farm products, or agricultural commodities, perfected by the filing of a financing statement that:

(a) Identified those crops, farm products, or agricultural commodities as collateral.

(b) Was indexed under that producer’s name as debtor.(c) Was filed in the office designated for filing a financing statement against

the producer covering that collateral.* * *

§3412. Self-insurance fund* * *

G. Notwithstanding any other provision of law to the contrary, if the commission pays a claim using self-insurance program funds, all payments shall be made jointly payable to the claimant and to all secured parties and lienholders that, ten days before the payment date, hold a security interest in or a lien on the crops, farm products, or agricultural commodities, perfected by the filing of a financing statement that:

(1) Identified those crops, farm products, or agricultural commodities as collateral.

(2) Was indexed under that producer’s name as debtor.(3) Was filed in the office designated for filing a financing statement against

the producer covering that collateral.G. H. Expenses incurred by the commission in administering the self-

insurance program shall be reimbursable from the funds collected under the program. Administrative expenses shall be paid in priority to all other payments.

H. I. A licensee who knowingly or intentionally refuses or fails to pay into the self-insurance program any funds due pursuant to this Chapter shall be subject to civil penalties.

I. J. Money paid from the self-insurance program in satisfaction of a valid claim shall constitute a debt obligation of the licensee against whom the claim was made. The commission may take action on behalf of the self-insurance program against such person to recover the amount of payment made plus reasonable costs, including court costs, incurred by the commission in obtaining recovery, legal interest from the date of payment of any claim, and reasonable attorney fees. As a condition of payment of a claim from the self-insurance program, the claimant shall subrogate his interest, if any, to the commission in a cause of action against all parties, to the amount of the loss that the claimant was reimbursed by the self-insurance program.

J. K. The commission may charge fees for participation in the program established in this Section. The amount of the fees shall be fixed by rule adopted in accordance with the Administrative Procedure Act.

K. L. The fees charged under this Section shall be subject to the following provisions:

(1) All fees shall be deposited immediately upon receipt in the state treasury.

(2) After compliance with the requirements of Article VII, Section 9 of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, an amount equal to that deposited as required by Paragraph (1) of this Subsection shall be credited to a special fund hereby created in the state treasury to be known as the Agricultural Commodity Commission Self-Insurance Fund. The monies in this fund shall be used solely as provided in Paragraph (3) of this Subsection and only in the amounts appropriated by the legislature. All unexpended and unencumbered monies in this fund at the end of each fiscal year shall remain in this fund. The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to this fund, again, following compliance with the requirement of Article VII, Section 9 relative to the Bond Security and Redemption Fund.

(3) The monies in the Agricultural Commodity Commission Self-Insurance Fund shall be used solely for the administration and operation of the program of self insurance provided for in this Section.

§3412.1. Grain and Cotton Indemnity Fund; creation; assessment; rules and regulations; suspension of assessment; eligibility for reimbursement; availability of money; prorated claims; reimbursement for administrative expenses; failure to pay; subrogation

* * *I. Notwithstanding any other provision of law to the contrary, if the

commission pays a claim using Grain and Cotton Indemnity Funds, all payments shall be made jointly payable to the claimant and to all secured parties and lienholders that, ten days before the payment date, hold a security interest in or a lien on the crops, farm products, or agricultural commodities, perfected by the filing of a financing statement that:

(1) Identified those crops, farm products, or agricultural commodities as collateral.

(2) Was indexed under that producer’s name as debtor.(3) Was filed in the office designated for filing a financing statement against

the producer covering that collateral.I. J. Expenses incurred by the commission in administrating the Grain and

Cotton Indemnity Fund shall be reimbursable from the fund. Administrative expenses shall be paid in priority to all other payments.

J. K. Any licensee who knowingly or intentionally refuses or fails to collect the assessment required under this Section or to submit any assessment collected from producers to the commission for deposit in the Grain and Cotton Indemnity Fund shall be subject to civil penalties.

K. L. Money paid from the Grain and Cotton Indemnity Fund in satisfaction of a valid claim constitutes a debt obligation of the person against whom the claim was made. The commission may take action on behalf of the fund against a person to recover the amount of payment made, plus reasonable costs, including court costs, incurred by the commission in obtaining recovery, legal interest from the date of payment of any claim, and reasonable attorney fees. As a condition of payment of a claim from the Grain and Cotton Indemnity Fund, the claimant shall subrogate its interest, if any, to the commission in a cause of action against all parties, to the amount of the loss that the claimant was reimbursed by the fund.



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ACT No. 13- - -

SENATE BILL NO. 32BY SENATOR BOUDREAUX

AN ACTTo enact R.S. 47:338.24.3, relative to municipal sales and use taxes; to

authorize the governing authority for the city of Carencro to levy and collect an additional sales and use tax; to require voter approval; to provide for the use of the tax revenues; and to provide for related matters.

Notice of intention to introduce this Act has been published.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 47:338.24.3 is hereby enacted to read as follows: §338.24.3. City of Carencro; authority to levy additional sales and use taxA. The governing authority of the city of Carencro may levy and collect an

additional sales and use tax not in excess of one percent within the corporate limits of the municipality.

B. The tax authorized by this Section shall be in addition to all other taxes which the city of Carencro is authorized to levy and, pursuant to Section 29(B) of Article VI of the Constitution of Louisiana, shall not be subject to the combined rate limitation established in Section 29(A) of Article VI of the Constitution of Louisiana nor to the rate limitations established by R.S. 47:338.1 and 338.54, nor shall it be included in the rate limitation of any other political subdivision. The authority granted in this Section shall not limit any prior taxing authority granted to the city of Carencro or any other political subdivision by any other provision of law, including any authority granted to any other political subdivision to exceed any constitutional or statutory rate limitations.

C. The sales and use tax shall be imposed by ordinance of the governing authority of the city of Carencro and shall be levied upon the sale at retail, the use, lease, or rental, the consumption, and the storage for use or consumption of tangible personal property and on sales of services, all as defined in Chapter 2-D of this Subtitle; however, the ordinance imposing the tax shall be adopted only after the proposed tax is approved by a majority of the qualified electors voting on the proposition at an election held for that purpose and conducted in accordance with the Louisiana Election Code.

D. The sales and use tax authorized by this Section shall be collected at the same time and in the same manner as set forth in Chapter 2-D of this Subtitle.

E. The proceeds of the tax authorized by this Section may be used for such lawful purposes as are determined by the governing authority of the city of Carencro, and permitted by the election proposition authorizing the levy of the tax.

Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval.



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ACT No. 14- - -

SENATE BILL NO. 63BY SENATOR WALSWORTH

AN ACTTo amend and reenact R.S. 36:851(A), and to repeal Chapter 5-N of Title 25

of the Louisiana Revised Statutes of 1950, comprised of R.S. 25:380.111 and 380.114 through 380.116, and R.S. 36:744(Y), relative to the Chennault Aviation and Military Museum of Louisiana; to remove the museum from the jurisdiction of the Department of State and to delete all statutory provisions relative to the museum; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 36:851(A) is hereby amended and reenacted to read as

follows:§851. Transfer; merger and consolidation of functionsA. The powers, duties, functions, responsibilities, programs, and

operations as vested by the constitution and laws of this state, of each of the agencies transferred by the provisions of R.S. 36:209(B), 259(C), 409(O), 610(D), and 744(U) and (Y) upon and after the date of each such transfer shall be exercised by and be under the administration and control of the secretary of the department to which each is transferred, except for those functions of each which are required to be performed and administered by the undersecretary of each department, as heretofore provided for each by this Title.

* * *Section 2. Chapter 5-N of Title 25 of the Louisiana Revised Statutes of 1950,

comprised of R.S. 25:380.111 and 380.114 through 380.116, is hereby repealed.Section 3. R.S. 36:744(Y) is hereby repealed.Section 4. This Act shall become effective upon signature by the governor

or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval.



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ACT No. 15- - -

SENATE BILL NO. 110BY SENATOR WARD

AN ACTTo enact R.S. 49:191(9)(b) and to repeal R.S. 49:191(6)(b), relative to the

Department of Culture, Recreation and Tourism, including provisions to provide for the re-creation of the Department of Culture, Recreation and Tourism 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 matters.

Be it enacted by the Legislature of Louisiana:Section 1. Pursuant to R.S. 49:193, the Department of Culture, Recreation

and Tourism and the statutory entities made a part of the department by law shall be re-created effective June 30, 2016, 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 1950.

Section 2. All statutory authority for the existence of the Department of Culture, Recreation and Tourism 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, 2021, pursuant to R.S. 49:191. However the Department of Culture, Recreation and Tourism 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 1950.


Section 4. R.S. 49:191(9)(b) is hereby enacted to read as follows:§191. Termination of legislative authority for existence of statutory entities;

phase out phase-out period for statutory entities; table of datesNotwithstanding 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:

* * *(9) July 1, 2020:

* * *(b) The Department of Culture, Recreation and Tourism and all statutory

entities made a part of the department by law.Section 5. R.S. 49:191(6)(b) is hereby repealed in its entirety.Section 6. This Act shall become effective on June 30, 2016; if vetoed by




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ACT No. 16- - -

SENATE BILL NO. 139BY SENATOR RISER

AN ACTTo repeal Chapter 5-S of Title 25 of the Louisiana Revised Statutes of 1950,

comprised of R.S. 25:380.161 through 380.167, and to repeal R.S. 36:744(CC) and 801.23, relative to the Schepis Museum; to remove the museum from the jurisdiction of the Department of State and to delete all statutory provisions relative to the museum and its advisory board; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. Chapter 5-S of Title 25 of the Louisiana Revised Statutes of 1950,

comprised of R.S. 25:380.161 through 380.167, is hereby repealed.Section 2. R.S. 36:744(CC) and 801.23 are hereby repealed.Section 3. This Act shall become effective upon signature by the governor




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ACT No. 17- - -

HOUSE BILL NO. 1General Appropriations

will publish in a later edition.

ACT No. 18- - -

SENATE BILL NO. 174BY SENATORS DONAHUE, ALLAIN, APPEL, CHABERT, JOHNS,

LONG, MARTINY, MORRISH, RISER, TARVER AND THOMPSON AND REPRESENTATIVES AMEDEE, BAGNERIS, CARMODY, CARPENTER, STEVE CARTER, DAVIS, HOFFMANN, JAMES, NANCY LANDRY, LYONS AND PRICE

AN ACTTo amend and reenact R.S. 17:5002(A), (B) and (D), and 5024(B)(1)(a), relative

to the Taylor Opportunity Program for Students; to provide relative to the minimum American College Test score required for eligibility for the Opportunity award; to provide with respect to the monetary amounts for awards granted pursuant to the program; to provide relative to future increases in award amounts; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 17:5002(A), (B) and (D), and 5024(B)(1)(a) are hereby amended

and reenacted to read as follows: §5002. Awards and amountsA. (1) A student shall be eligible for an Opportunity, Performance, Honors,

or TOPS-Tech Award based on his academic achievement.(2) The award amount as provided for in Subsection B or D of this Section to

a student enrolled in any given institution shall be equal to the award amount paid for a student at that institution during the 2016-2017 academic year unless the legislature, by law, increases the award amount.

B. Any student who is eligible for an Opportunity, Performance, or Honors Award pursuant to this Chapter and who has enrolled:

(1) In any public college or university in this state, shall be awarded by the state an amount determined by the administering agency to equal the tuition charged by the public college or university during the 2016-2017 academic year.

(2) At any regionally accredited independent college or university in the state which is a member of the Louisiana Association of Independent Colleges and Universities to pursue an academic undergraduate degree, shall be awarded by the state an amount to be determined by the administering agency to equal the weighted average of amounts paid under this Section for students attending public colleges and universities that offer academic undergraduate degrees at the baccalaureate level during the 2016-2017 academic year.

(3) In a school that has a valid and current certificate of registration issued by the Louisiana State Board of Cosmetology in accordance with law and that is accredited by an accrediting organization recognized by the United States Department of Education or in any proprietary school that has a valid and current license issued by the Board of Regents in accordance with law and that is accredited by an accrediting organization recognized by the United

THE ADVOCATEPAGE 6


States Department of Education, shall be awarded by the state an amount determined by the administering agency to equal the weighted average of amounts paid under this Section for students attending public colleges and universities during the 2016-2017 academic year and who are enrolled in the permitted skill or occupational training, as may be applicable.

(4) In an out-of-state college or university that is specifically designed to accommodate deaf and hard-of-hearing students under R.S. 17:5027(C), shall be awarded an amount determined by the administering agency to equal the weighted average of amounts paid under this Section for students attending Louisiana public colleges and universities that offer academic undergraduate degrees during the 2016-2017 academic year.

* * *D.(1) Except as otherwise provided in this Subsection, a student who is

eligible for a TOPS-Tech Award pursuant to this Chapter and who is enrolled:(a) In an eligible public college or university that does not offer an academic

undergraduate degree at the baccalaureate level in those associate’s degree or other shorter-term training and education programs that are aligned to state workforce priorities as determined by the Board of Regents and the Louisiana Workforce Investment Council shall be awarded by the state an amount determined by the administering agency to equal the tuition charged by the college or university during the 2016-2017 academic year. If the Board of Regents and the Louisiana Workforce Investment Council determine that a program is no longer aligned with those priorities, an otherwise eligible student who had previously received an award and enrolled in that program may continue to use the award.

(b) In an eligible college or university other than as provided for in Subparagraph (a) of this Paragraph in those associate’s degree or other shorter-term training education programs that are aligned to state workforce priorities as determined by the Board of Regents and the Louisiana Workforce Investment Council shall be awarded by the state an amount determined by the administering agency to equal the weighted average of amounts paid to students attending an eligible public college or university that does not offer an academic undergraduate degree at the baccalaureate level during the 2016-2017 academic year. If the Board of Regents and the Louisiana Workforce Investment Council determine that a program is no longer aligned with those priorities, an otherwise eligible student who had previously received an award and enrolled in that program may continue to use the award.

(2) A student who graduated prior to the 2016-2017 school year, who is eligible for a TOPS-Tech Award pursuant to this Chapter, and who is enrolled:

(a) In an eligible college or university that does not offer an academic undergraduate degree at the baccalaureate level shall be awarded by the state an amount determined by the administering agency to equal the tuition charged by the college or university during the 2016-2017 academic year.

(b) In an eligible college or university other than as provided for in Subparagraph (a) of this Paragraph shall be awarded by the state an amount determined by the administering agency to equal the weighted average of amounts paid to students attending an eligible public college or university that does not offer an academic undergraduate degree at the baccalaureate level during the 2016-2017 academic year.

* * *§5024. Academic requirements

* * *B.(1) Except as otherwise provided by this Subsection, a student shall earn

the following minimum test scores for the respective awards:(a) For an Opportunity Award, a composite score on the 1990 version of the

ACT which is at least equal to or higher than the state’s average composite score, rounded to the nearest truncated to a whole number, reported for the prior year but never less than twenty or an equivalent concordant value on an enhanced or revised version of such test or on the SAT.

* * *Section 2. This Act shall become effective upon signature by the governor




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ACT No. 19- - -

HOUSE BILL NO. 12BY REPRESENTATIVE PEARSON

AN ACTTo amend and reenact R.S. 11:1821(B), relative to the board of trustees of the

Municipal Employees’ Retirement System; to grant certain trustees and their designees the authority to vote; and to provide for related matters.

Notice of intention to introduce this Act has been published as provided by Article X, Section 29(C) of the Constitution of Louisiana.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 11:1821(B) is hereby amended and reenacted to read as

follows:

§1821. Board of trustees; membership; term of office; oath of office; compensation; voting power; vacancies

* * *B. The board shall be composed of eleven trustees as follows:(1) Three active and contributing members of the system each of whom

is an elected official elected to office in accordance with the Louisiana Election Code and has at least ten years of creditable service.

(2) Three active and contributing members of the system who are not elected officials elected to office in accordance with the Louisiana Election Code, each of whom has at least ten years of creditable service.

(3) The president of the Louisiana Municipal Association, who shall serve as an ex officio member during his tenure, or his designee.

(4) The chairman of the Senate Committee on Retirement, who shall serve as a voting an ex officio member, or his designee.

(5) The chairman of the House Committee on Retirement, who shall serve as a voting an ex officio member, or his designee.

(6) The commissioner of administration, who shall be a nonvoting serve as an ex officio member, or his designee.

(7) The state treasurer, who shall be a nonvoting serve as an ex officio member, or his designee.





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ACT No. 20- - -

HOUSE BILL NO. 100BY REPRESENTATIVES TERRY BROWN, ADAMS, CARPENTER, STEVE

CARTER, GISCLAIR, GUINN, HALL, HILL, HOWARD, MONTOUCET, NORTON, AND PIERRE

AN ACTTo redesignate the section of United States Highway 165 in Grant Parish in

memory of Captain Ronald David Bennett.Be it enacted by the Legislature of Louisiana:

Section 1. The section of United States Highway 165 within Grant Parish shall be known as and hereby redesignated as the “Captain Ronald David Bennett Memorial Highway”.

Section 2. The Department of Transportation and Development or its contractors are hereby directed to erect and maintain appropriate signage reflecting this designation.



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ACT No. 21- - -

HOUSE BILL NO. 109BY REPRESENTATIVE TERRY BROWN

AN ACTTo amend and reenact R.S. 47:463.4(B)(6), relative to hang tags for persons

with mobility impairments; to provide for the issuance of multiple hang tags for persons with mobility impairments; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 47:463.4(B)(6) is hereby amended and reenacted to read as

follows: §463.4. Special license plates or hang tags for persons with mobility

impairments* * *

B.* * *

(6) If the commissioner of motor vehicles, in his discretion, finds that appropriate circumstances exist, an additional hang tag up to three additional hang tags may be issued on behalf of a person with a mobility impairment. if his parents are divorced and residing in separate households and if he is dependent on both parents.




THE ADVOCATEPAGE 7


ACT No. 22- - -

HOUSE BILL NO. 110BY REPRESENTATIVES HORTON, ADAMS, BACALA, BARRAS, BISHOP,

TERRY BROWN, CARMODY, CARPENTER, STEVE CARTER, CONNICK, COUSSAN, COX, DAVIS, DWIGHT, EDMONDS, EMERSON, FRANKLIN, GAROFALO, GISCLAIR, GLOVER, GUINN, HALL, LANCE HARRIS, HILFERTY, HILL, HOWARD, HUNTER, JACKSON, JAMES, JEFFERSON, JENKINS, MIKE JOHNSON, LEGER, MONTOUCET, JAY MORRIS, JIM MORRIS, NORTON, PIERRE, PUGH, PYLANT, SEABAUGH, SMITH, WILLMOTT, AND ZERINGUE AND SENATORS ALARIO, APPEL, CARTER, CORTEZ, DONAHUE, ERDEY, GATTI, JOHNS, LAFLEUR, LAMBERT, LONG, MILKOVICH, MILLS, PEACOCK, PERRY, RISER, JOHN SMITH, THOMPSON, WALSWORTH, WARD, AND WHITE

AN ACTTo designate a bridge located on Louisiana Highway 154 in Bossier Parish

as the “Officer Thomas LaValley Memorial Bridge”; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. The Louisiana Highway 154 bridge which crosses the south

end of Lake Bistineau in Bossier Parish shall be hereinafter known and designated as the “Officer Thomas LaValley Memorial Bridge”.

Section 2. The Department of Transportation and Development and its contractors are hereby directed to erect and maintain appropriate signage reflecting this designation.



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ACT No. 23- - -

HOUSE BILL NO. 120BY REPRESENTATIVE ARMES

AN ACTTo designate a portion of United States Highway 171 in Vernon Parish as the

“Paul R. Nicholas Memorial Highway”; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. The portion of United States Highway 171, commonly referred to as Shreveport Highway, in Vernon Parish between its intersection of Louisiana Highway 28, commonly referred to as Alexandria Highway, and Louisiana Highway 8 just north of the town of Leesville, and its intersection with Louisiana Highway 8 in Leesville, commonly referred to as Nolan Trace Parkway, shall be hereinafter known and designated as the “Paul R. Nicholas Memorial Highway”.

Section 2. The Department of Transportation and Development and its contractors are hereby directed to erect and maintain appropriate signage of this designation.



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ACT No. 24- - -


AN ACTTo amend and reenact R.S. 47:463.111(A) and (B) and to enact R.S. 47:463.111(E),

relative to special prestige license plates issued to commissioned police officers; to provide for changes to the eligibility requirements for a commissioned police officer special prestige license plate; to require employing law enforcement agencies undertake certain actions when a person who has been issued a commissioned police officer special prestige license plate is terminated or resigns; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 47:463.111(A) and (B) are hereby amended and reenacted

and R.S. 47:463.111(E) is hereby enacted to read as follows:§463.111. Special prestige license plates; commissioned police officerA. The secretary of the Department of Public Safety and Corrections shall

design and establish a special prestige license plate for active commissioned police officers, provided there is a minimum of one thousand applicants for such plate. The license plate shall be restricted to passenger cars, pickup trucks, vans, and recreational vehicles.

B. Each person who applies for the issuance or renewal of the prestige license plate shall present to the secretary proof of prior or active commission in a law enforcement agency for at least two consecutive years. the following to the secretary in order to qualify for the plate:

(1) A statement on letterhead from the chief official of the employing law enforcement agency stating that the applicant has an active commission in that law enforcement agency at the time of application and has held such commission for at least two consecutive years.

(2) Proof of Police Officer Standards Training completion.* * *

E. Upon resignation or termination of a commissioned police officer who has been issued a special prestige license plate pursuant to this Section, the chief official of the employing law enforcement agency from which the person resigned from or was terminated by shall provide the secretary a written statement on his letterhead notifying the secretary of such termination or resignation.



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ACT No. 25- - -

HOUSE BILL NO. 236BY REPRESENTATIVES THIBAUT, ABRAHAM, AMEDEE, ANDERS,

ARMES, BACALA, BAGLEY, BAGNERIS, BARRAS, BERTHELOT, BOUIE, BROADWATER, CHAD BROWN, TERRY BROWN, CARMODY, CARPENTER, GARY CARTER, STEVE CARTER, CHANEY, CONNICK, COUSSAN, COX, CROMER, DAVIS, DEVILLIER, DWIGHT, EMERSON, FALCONER, FOIL, GISCLAIR, GLOVER, GUINN, LANCE HARRIS, HAZEL, HENRY, HILFERTY, HODGES, HOFFMANN, HORTON, HOWARD, IVEY, JACKSON, JAMES, JEFFERSON, JENKINS, MIKE JOHNSON, JONES, LEBAS, LEGER, LYONS, MACK, MARCELLE, MIGUEZ, GREGORY MILLER, MONTOUCET, JAY MORRIS, JIM MORRIS, POPE, PRICE, REYNOLDS, RICHARD, SCHEXNAYDER, SEABAUGH, SHADOIN, SMITH, STOKES, WHITE, WILLMOTT, AND ZERINGUE

AN ACTTo amend and reenact R.S. 47:303(B)(1)(b) and to enact R.S. 47:303(B)(3)(b)

(vi) and 502.3, relative to sales and use taxes for motor vehicles owned by or registered to military service persons or their spouses; to provide additional time to pay sales and use taxes on motor vehicles owned by or registered to military service persons or spouses following separation from active duty from any branch of the armed forces of the United States; to provide for an effective date; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 47:303(B)(1)(b) is hereby amended and reenacted and R.S.

47:303(B)(3)(b)(vi) and 502.3 are hereby enacted to read as follows: §303. Collection

* * *B. Collection of tax on vehicles. The tax imposed by R.S. 47:302(A) on the

sale or use of any motor vehicle, automobile, motorcycle, truck, truck-tractor, trailer, semi-trailer, motor bus, house trailer, or any other vehicle subject to the vehicle registration license tax shall be collected as provided in this Subsection.

(1) The tax levied by R.S. 47:302(A) on any such vehicle shall be paid to the vehicle commissioner as the agent of the collector of revenue at the time of application for a certificate of title or vehicle registration license and such tax shall be administered and collected by the vehicle commissioner in compliance with rules and regulations issued by the collector of revenue and in compliance with the law as construed by the collector of revenue. No certificate of title or vehicle registration license shall be issued until this tax has been paid. The collector of revenue shall be the only proper party to defend or to institute any legal action involving the tax imposed by R.S. 47:302(A) on the sale or use of any motor vehicle, automobile, motorcycle, truck, truck-tractor, trailer, semi-trailer, motor bus, house trailer or any other vehicle subject to the vehicle registration license tax. (R.S. 47:451 et seq.).

* * *(b) The tax levied by R.S. 47:302(A)(2) on the use of any such vehicle in this

state shall be due at the time first registration in this state is required by the Vehicle Registration License Tax Law (R.S. 47:451 et seq.). subject to the following:

(i) However, the The vehicle commissioner shall waive penalties or interest on use tax on timely filed applications for registration rejected due to office of motor vehicles error.

(ii) A person or their spouse shall have ninety days following either’s separation from active duty from any branch of the armed forces of the United States to remit the tax levied by R.S. 47:302(A)(2) on any vehicle registered in a foreign jurisdiction and required to be registered in this state. Penalties and interest shall not accrue during this ninety-day time period. However, a person or their spouse shall remit sales or use taxes imposed pursuant to R.S. 47:302(A)(2) on a vehicle required to be registered in this state should the vehicle registration and license plates issued by a foreign jurisdiction expire prior to or during the ninety days following either’s separation from active duty of any branch of the armed forces of the United States.

* * *(3)

* * *(b)

* * *(vi) A person or their spouse shall have ninety days following either’s

separation from active duty from any branch of the armed forces of the United States to remit the sales and use tax imposed by a political subdivision on any vehicle registered in a foreign jurisdiction and required to be registered in this state. Penalties and interest shall not accrue during

THE ADVOCATEPAGE 8


this ninety-day time period. However, a person or their spouse shall remit sales or use taxes imposed by a political subdivision on a vehicle required to be registered in this state should the vehicle registration and license plates issued by a foreign jurisdiction expire prior to or during the ninety days following either’s separation from active duty of any branch of the armed forces of the United States.

* * *§502.3. Delayed registration; military personnel separation from active

dutyA. A person or their spouse may operate a vehicle in this state without

securing Louisiana registration or paying sales or use tax imposed pursuant to R.S. 47:302(A)(2) or by a political subdivision for up to ninety days following either’s separation from active duty from any branch of the armed forces of the United States should the following requirements be met:

(1) The license plates displayed on the vehicle are valid and current plates issued by a foreign jurisdiction.

(2) The vehicle registration and license plates are current and issued to the person who separated from active duty of any branch of the armed forces of the United States or the spouse of a person who separated from active duty of any branch of the armed forces of the United States.

(3) The owner or driver of the vehicle has in effect one of the forms of financial responsibility specified in R.S. 32:861.

B. A person or their spouse shall secure a Louisiana registration and remit sales or use taxes imposed pursuant to R.S. 47:302(A)(2) or by a political subdivision for a vehicle should the vehicle registration and license plates issued by a foreign jurisdiction expire prior to or during the ninety days following either’s separation from active duty of any branch of the armed forces of the United States.




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ACT No. 26- - -

HOUSE BILL NO. 248BY REPRESENTATIVES CARMODY AND WILLMOTT

AN ACTTo amend and reenact R.S. 47:463.109(A), relative to motor vehicle special

prestige license plates; to authorize the “In God We Trust” license plate for motorcycles; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 47:463.109(A) is hereby amended and reenacted to read as

follows:§463.109. Special prestige license plates; In God We TrustA. The secretary of the Department of Public Safety and Corrections shall

establish a special prestige license plate, to be known as the In God We Trust plate, provided there is a minimum of one thousand applicants for such plate. The license plate shall be restricted to passenger cars, pickup trucks, motorcycles, vans, and recreational vehicles. The secretary shall design the plate, and it shall include the words “In God We Trust”.




ACT No. 27- - -

HOUSE BILL NO. 2Capital Outlay


ACT No. 28- - -

HOUSE BILL NO. 468BY REPRESENTATIVES CROMER, BAGLEY, COX, HENSGENS, HORTON,

JACKSON, DUSTIN MILLER, MORENO, AND WILLMOTTAN ACT

To enact R.S. 40:2166.9, relative to adult residential care providers; to require adult residential care providers to disseminate educational information on influenza; to establish the minimum content of the information; to provide for interpretations; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 40:2166.9 is hereby enacted to read as follows: §2166.9. Immunization information; influenza

A. No later than September first of each year and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, every licensed adult residential care provider shall provide residents educational information on influenza. This educational information shall include, at a minimum, the risks associated with influenza, the availability, effectiveness, and known contraindications of the influenza immunization, the causes and symptoms of influenza, and the means by which influenza is spread.

B. Nothing in this Section shall be construed to require any adult residential care provider to provide or pay for any immunization against influenza.



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ACT No. 29- - -

HOUSE BILL NO. 485BY REPRESENTATIVE ROBERT JOHNSON

AN ACTTo amend and reenact R.S. 46:236.1.10(A), relative to child support

enforcement; to provide relative to establishing capacity to make child support payments or establishing the level of such payments; to provide relative to accessing credit reports; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 46:236.1.10(A) is hereby amended and reenacted to read as

follows: §236.1.10. Family and child support programs; consumer reporting

authorityA. Any consumer reporting agency, as defined in R.S. 46:56(M)(2), shall

provide a consumer report to the secretary or his designee, provided the department pays a fee to the consumer reporting agency and certifies all of the following:

(1) The consumer report is needed for the purpose of establishing an individual’s capacity to make child support payments or for the determination of the appropriate level of such payments.

(2) The paternity of the individual for the child to which the obligation relates has been established or acknowledged by the individual in accordance with state law.

(3) The requestor has provided at least ten days notice of the request by certified or registered mail to the individual at his last known address.




ACT No. 30- - -

HOUSE BILL NO. 519BY REPRESENTATIVE CHAD BROWN

AN ACTTo amend and reenact R.S. 22:68(A) and (B), relative to books and records of

domestic insurers; to provide for the maintenance of records in electronic data processing systems; to provide for the maintenance of records outside the state upon filing a plan with the commissioner of insurance; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 22:68(A) and (B) are hereby amended and reenacted to read

as follows: §68. Books and records of domestic insurer; securitiesA. Every domestic and redomesticated insurer shall keep its books,

records, documents, accounts, and vouchers in such manner that its financial condition, affairs, and operations can be ascertained and so that its financial statements filed with the commissioner can be readily verified and its compliance with the law determined. Such insurer may cause any or all such books, records, documents, accounts, and vouchers to be photographed, or reproduced on film, or maintained electronically in electronic data processing equipment. Any such photographs, microphotographs, optical imaging, electronic, or film reproductions of any original books, records, documents, accounts, and vouchers shall for all purposes be considered the same as the originals thereof and a transcript, exemplification, or certified copy of any such photograph, microphotograph, optical imaging, electronic, or film reproduction shall for all purposes be deemed to be a transcript, exemplification, or certified copy of the original. Any original so reproduced may thereafter be disposed of or destroyed, as provided for in Subsection B of this Section, if provision is made for preserving and examining such reproductions.

B. All such original books, records, documents, accounts, and vouchers, or such reproductions thereof, of the home office of any domestic company or of any principal United States office of a foreign or alien company located in this state shall be preserved and kept available in this state for the purpose of examination. At a minimum all such original records shall be

THE ADVOCATEPAGE 9


maintained for the period commencing on the first day following the last period examined by the commissioner through the subsequent examination period, or five years, whichever is greater. Such original records may, however, be kept and maintained outside this state if, according to a plan adopted by the company’s board of directors and approved by filed with the commissioner, it maintains suitable records in lieu thereof.




ACT No. 31- - -

HOUSE BILL NO. 622BY REPRESENTATIVE JIM MORRIS

AN ACTTo authorize and provide for the transfer of certain state property; to

authorize the transfer of certain state property in Caddo Parish; to provide for the property description; to provide for reservation of mineral rights; to provide terms and conditions; to provide an effective date; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. The commissioner of administration, notwithstanding any

other provision of law to the contrary, is hereby authorized and empowered to convey, transfer, assign, lease, or deliver any interest, excluding mineral rights, the state may have to all or any portion of the following described parcel of property to David Hearon and Angela Hearon:

A certain tract of State owned (nonsevered) land by Judgement dated November 14, 1921 identified as Campsite Lot No. 9, James Bayou Area, located in Section 26, T21N, R16W, Louisiana Meridian and more fully shown on a plat(s) filed in the State Land Office.

Section 2. The commissioner of administration is hereby authorized to enter into such agreements, covenants, conditions, and stipulations and to execute such documents as necessary to properly effectuate any conveyance, transfer, assignment, lease, or delivery of title, excluding mineral rights, to the property described in Section 1 of this Act, and as more specifically described in any such agreements entered into and documents executed by and between the commissioner of administration and David Hearon and Angela Hearon, in exchange of consideration proportionate to the appraised value of the property.




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ACT No. 32- - -

HOUSE BILL NO. 782BY REPRESENTATIVE DAVIS

AN ACTTo amend and reenact R.S. 22:1061(5)(e)(iii) and 1091(B)(13) and (22) and to

enact R.S. 22:1061(5)(e)(vii), relative to certain definitions in the Insurance Code used in the regulation of health insurance; to define the terms “employer”,”small employer”, “small group”, “large employer”, and “large group”; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 22:1061(5)(e)(iii) and 1091(B)(13) and (22) are hereby amended

and reenacted and R.S. 22:1061(5)(e)(vii) is hereby enacted to read as follows: §1061. DefinitionsAs used in R.S. 22:984 and 1061 through 1079, the following terms shall

have the following meanings:* * *

(5) Other definitions are:* * *

(e)* * *

(iii) “Small employer” means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least two one but not more than fifty employees on business days during the preceding calendar year and who employs at least two employees one employee on the first day of the plan year.

* * *(vii) At the option of a health insurance issuer, the health insurance issuer

may require that a majority of the employees covered under an employee benefit plan are employed or reside in this state, and that there is a bona fide employer-employee relationship to prevent the formation of employer groups primarily for the purposes of buying health insurance.

* * *§1091. Health insurance plans subject to rate review

* * *B. As used in this Subpart, the following terms shall have the meanings

ascribed to them in this Section:* * *

(13) “Large group” or “large employer” means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least fifty-one employees on business days during the preceding calendar year and who employs at least two employees on the first day of the plan year, and beginning on January 1, 2016, an employer who employed an average of at least one hundred one employees on business days during the preceding calendar year and who employs at least two employees on the first day of the plan year.

* * *(22) “Small group” or “small employer” means any person, firm, corporation,

partnership, trust, or association actively engaged in business which has employed an average of at least one but not more than fifty employees on business days during the preceding calendar year and who employs at least one employee on the first day of the plan year, and beginning on January 1, 2016, an employer who employed an average of at least one but not more than one hundred employees on business days during the preceding calendar year and who employs at least one employee on the first day of the plan year. “Small group” or “small employer” shall include coverage sold to small groups or small employers through associations or through a blanket policy. For purposes of rate calculation by a health insurance issuer, a small employer group consisting of one employee shall be rated within a health insurance issuer’s individual market risk pool, unless that health insurance issuer provides only employer coverage and thus has only a small group market risk pool.




ACT No. 33- - -


AN ACTTo enact R.S. 1:55(E)(1)(h), relative to legal holidays; to establish the Friday

of the Pecan Festival as a legal holiday in the parish of Grant; to authorize the clerk of court of the Thirty-Fifth Judicial District Court to close the clerk’s office in observance of the legal holiday; to provide for an exception; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 1:55(E)(1)(h) is hereby enacted to read as follows: §55. Days of public rest, legal holidays, and half-holidays

* * *E.(1)

* * *(h) In addition, in the parish of Grant, the Friday of the Pecan Festival

shall be a legal holiday for the purpose of authorizing the clerk of court of the Thirty-Fifth Judicial District Court in the parish of Grant to close offices in observance of that day, unless there is an election that requires the office to remain open.




ACT No. 34- - -

HOUSE BILL NO. 31BY REPRESENTATIVE SHADOIN

AN ACTTo enact R.S. 1:55(E)(1)(h), relative to legal holidays; to establish the Friday

of the Watermelon Festival as a legal holiday in the parish of Union; to authorize the clerk of court of the Third Judicial District Court to close the clerk’s office in observance of the legal holiday; to provide for an exception; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 1:55(E)(1)(h) is hereby enacted to read as follows: §55. Days of public rest, legal holidays, and half-holidays

* * *E.(1)

* * *(h) In addition, in the parish of Union, the Friday of the Watermelon

Festival shall be a legal holiday for the purpose of authorizing the clerk of court of the Third Judicial District Court in the parish of Union to close offices in observance of that day, unless there are functions and duties related to an election that require the office to remain open.

THE ADVOCATEPAGE 10






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ACT No. 35- - -

HOUSE BILL NO. 44BY REPRESENTATIVE STOKES

AN ACTTo enact R.S. 33:447.15, relative to mayor’s courts; to provide for additional

court costs for violations of municipal ordinances in the mayor’s court of the city of Kenner; to provide for the use of additional funds; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 33:447.15 is hereby enacted to read as follows: §447.15. Mayor’s court; city of Kenner; additional court costsNotwithstanding any other provision of law to the contrary, the mayor

of the city of Kenner may also impose additional court costs not to exceed thirty dollars for each offense, as defined by ordinance, on any defendant convicted of a violation of a municipal ordinance. Any additional amount in court costs collected pursuant to this Section shall be allocated to the city of Kenner to be used for the mayor’s court security enhancements and technological upgrades.



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ACT No. 36- - -

HOUSE BILL NO. 91BY REPRESENTATIVE HILL

AN ACTTo enact R.S. 33:455, relative to mayors’ courts; to establish a mayor’s court

in the village of Elizabeth in Allen Parish; to provide for territorial jurisdiction; to provide for the powers and authority of the mayor as magistrate of the court and other officers of the court; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 33:455 is hereby enacted to read as follows: §455. Mayor’s court; village of ElizabethA. There is hereby created the Mayor’s Court of the Village of Elizabeth,

the territorial jurisdiction of which shall extend throughout the village of Elizabeth in Allen Parish.

B. The general provisions of R.S. 33:441 and 442 shall be applicable to and shall govern and regulate the Mayor’s Court of the Village of Elizabeth, the jurisdiction of the court, and the power and authority of the mayor and other officers of the court.



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ACT No. 37- - -

HOUSE BILL NO. 3General Appropriations


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ACT No. 38- - -

HOUSE BILL NO. 95BY REPRESENTATIVE MORENO

AN ACTTo amend and reenact R.S. 15:1202(A)(introductory paragraph) and to enact

R.S. 15:1202(A)(29) through (31), relative to the membership of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice; to change the membership of the commission; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 15:1202(A)(introductory paragraph) is hereby amended and reenacted and R.S. 15:1202(A)(29) through (31) are hereby enacted to read as follows:

§1202. Composition of commissionA. The commission shall consist of fifty-five fifty-eight members as follows:

* * *(29) The chairperson of the Louisiana Legislative Women’s Caucus, or her

designee.(30) The chairman of the Senate Committee on Judiciary B, or his designee.(31) The chairman of the Senate Select Committee on Women and Children,

or his designee.* * *



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ACT No. 39- - -

HOUSE BILL NO. 116BY REPRESENTATIVES CARMODY AND JIM MORRIS

AN ACTTo amend and reenact R.S. 13:2583.3(A), relative to the office of constable in

Caddo Parish; to require each constable of Caddo Parish to report certain information relative to the deputy constable; to require such information to be reported annually to the sheriff; and to provide for related matters.

Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.


follows: §2583.3. Deputies; oath; compensation; Caddo ParishA.(1) Each duly elected constable of a justice of the peace court in Caddo

Parish may appoint one deputy constable, if necessary, for whose acts the constable shall be responsible. Before entering upon his duties, each deputy shall take the oath required by the constitution and the laws of this state and meet the requirements of R.S. 40:2405. A duplicate copy of the oath of office shall be filed with the office of the attorney general within seventy-two hours after being administered. Any deputy constable appointed pursuant to this Section shall not be entitled to any compensation from any local governing body or political subdivision, other than the constable’s office, and shall not be entitled to any compensation from the state. Each constable may fix the compensation of his deputy. He may pay from the fees generated by his office any compensation due to the deputy, the premiums on bonds required by him of a deputy in charge of public funds, insurance premiums, and any expenses necessary for the performance of duties required of the deputy. He may issue monthly or twice per month, at his discretion, warrants or checks for the amounts due to the deputy.

(2) On or before August first of each year, each constable shall report to the sheriff of Caddo Parish the following information:

(a) The full name of the deputy constable and term of employment.(b) Any compensation from all sources paid to the deputy constable for the

previous fiscal year.(c) Any certification of required training, including training certified by the

Council on Peace Officer Standards and Training.* * *




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ACT No. 40- - -

HOUSE BILL NO. 196BY REPRESENTATIVE LEGER

AN ACTTo amend and reenact R.S. 27:416(C), relative to the operation of video draw

poker devices at qualified truck stop facilities; to provide with respect to the calculation of fuel sales; to provide for exceptions regarding the fuel sales requirements at certain facilities; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 27:416(C) is hereby amended and reenacted to read as

follows: §416. Qualified truck stop facilities; number of devices; fuel sales

* * *C.(1) Except as provided in R.S. 27:421 and Paragraph (2) of this Subsection,

the number of video draw poker devices placed at a qualified truck stop facility shall be based on the average monthly fuel sales calculated quarterly,

THE ADVOCATEPAGE 11


using four sets of three calendar months, for the first year of operation and thereafter shall be based upon the average monthly fuel sales calculated annually, using a calendar year, as follows:

(1)(a) One hundred thousand gallons of fuel of which forty thousand gallons are diesel - not more than fifty devices.

(2)(b) Seventy-five thousand gallons of fuel of which thirty thousand gallons are diesel - not more than forty devices.

(3)(c) Fifty thousand gallons of fuel of which ten thousand are diesel - not more than thirty-five devices.

(2) In addition to the requirements in Paragraph (1) of this Subsection, a qualified truck stop facility, except a qualified truck stop facility located in Orleans Parish, which complies or has complied with one of the fuel sales requirements of Paragraph (1) of this Subsection for five consecutive years shall thereafter be permitted to retain the number of devices it operated during that same consecutive five-year period provided it continues to meet the fuel sales requirement set forth in Subparagraph (1)(c) of this Subsection.

(3) The board may adopt rules to recognize alternative fuel sources to satisfy the requirements regarding fuel sales provided by this Chapter.




ACT No. 41- - -

HOUSE BILL NO. 210BY REPRESENTATIVE CONNICK AND SENATORS ALARIO, BARROW,

BISHOP, BOUDREAUX, BROWN, CARTER, CHABERT, ERDEY, GATTI, JOHNS, LAFLEUR, LONG, LUNEAU, MILLS, MIZELL, MORRELL, PETERSON, GARY SMITH, AND WARD

AN ACTTo amend and reenact Code of Criminal Procedure Article 571.1, relative to

time limitations for prosecution; to provide for time limitations for certain sex offenses; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. Code of Criminal Procedure Article 571.1 is hereby amended

and reenacted to read as follows:Art. 571.1. Time limitation for certain sex offensesExcept as provided by Article 572 of this Chapter, the time within which

to institute prosecution of the following sex offenses, regardless of whether the crime involves force, serious physical injury, death, or is punishable by imprisonment at hard labor shall be thirty years: attempted first degree rape, also formerly titled aggravated rape (R.S. 14:27, R.S. 14:42), attempted second degree rape, also formerly titled forcible rape (R.S. 14:27, R.S. 14:42.1), sexual battery (R.S. 14:43.1), second degree sexual battery (R.S. 14:43.2), oral sexual battery (R.S. 14:43.3), human trafficking (R.S. 14:46.2(B)(2) or (3)), trafficking of children for sexual purposes (R.S. 14:46.3), felony carnal knowledge of a juvenile (R.S. 14:80), indecent behavior with juveniles (R.S. 14:81), pornography involving juveniles (R.S. 14:81.1), molestation of a juvenile (R.S. 14:81.2), prostitution of persons under eighteen (R.S. 14:82.1), enticing persons into prostitution (R.S. 14:86), crime against nature (R.S. 14:89), aggravated crime against nature (R.S. 14:89.1), crime against nature by solicitation (R.S. 14:89.2(B)(3)), that involves a victim under seventeen years of age. This thirty-year period begins to run when the victim attains the age of eighteen.



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ACT No. 42- - -

HOUSE BILL NO. 251BY REPRESENTATIVE CHANEY

AN ACTTo amend and reenact R.S. 3:1204(A)(1)(a)(introductory paragraph) and (C)

(3), relative to the state soil and water conservation commission; to modify the membership of the soil and water conservation commission; to remove the requirement that the Department of Agriculture and Forestry perform audits on the state soil and water commission; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 3:1204(A)(1)(a)(introductory paragraph) and (C)(3) are

hereby amended and reenacted to read as follows:§1204. State soil and water conservation commissionA.(1)(a) There is hereby established, to serve as an agency of the state

and to perform the functions conferred upon it in this Part, a state soil and water conservation commission. The commission shall consist of eight nine members. The chancellor of the Louisiana State University Agricultural Center Louisiana State University Vice President of Agriculture and Dean of the College of Agriculture or his successor, the chancellor of the Southern University Agricultural Center, the commissioner of agriculture and forestry of Louisiana, and the president of the Louisiana Association of

Conservation Districts shall automatically be members of this commission. Each shall designate a person to represent him at meetings at which he cannot be present, and the person so designated by each shall serve, in the absence of the officer who selects him, with the same power and authority as that officer, including the right to vote. In the case of the Louisiana Association of Conservation Districts president, his alternate shall be the vice president of the association. The other five members shall be elected, one from each of the following areas of the state:

* * *C.

* * *(3) The commission shall provide for the execution of surety bonds for all

employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and all resolutions, regulations, and orders issued or adopted; shall provide for an annual examination of the accounts of receipts and disbursements and an annual examination of all districts; and shall provide for a complete audit at least once every four years of the accounts of receipts and disbursements and of all districts, all of which shall be performed by the audit and evaluation section of the Department of Agriculture and Forestry and filed with the legislative auditor pursuant to and in accordance with R.S. 24:513.




ACT No. 43- - -

HOUSE BILL NO. 291BY REPRESENTATIVES GLOVER AND ROBBY CARTER

AN ACTTo amend and reenact R.S. 22:31(B) and 32(A)(1)(introductory paragraph)

and to enact R.S. 22:31(A)(6), relative to the organization of the Department of Insurance; to provide with respect to the division of diversity and opportunity and the Advisory Committee on Equal Opportunity located in the division; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 22:31(B) and 32(A)(1)(introductory paragraph) are hereby

amended and reenacted and R.S. 22:31(A)(6) is hereby enacted to read as follows:

§31. Division of diversity and opportunityA. There is hereby created within the Department of Insurance a division

of diversity and opportunity which shall have the following functions and duties:

* * *(6) To develop programs to address the needs and concerns of minority

and women producers in the state. The programs may provide training for producers in all areas of agency management and training and education for personnel.

B. The division of diversity and opportunity may conduct a survey of insurance companies doing business in Louisiana and all entities authorized or licensed pursuant to this Title in order to seek information and data relative to the policies and practices of hiring of and contracting with minorities. The survey, data, and responses thereto shall not be a public record as defined by the Public Records Law and shall be exempt from disclosure, except such exemption shall not apply with respect to the aggregated number of minorities hired and the positions for which they were hired.

* * *§32. Advisory Committee on Equal OpportunityA.(1) There is hereby created within the Department of Insurance, in the

division of diversity and opportunity, the Advisory Committee on Equal Opportunity. The committee shall be composed of twenty-five members. Twenty-four members shall be appointed by the governor and shall serve at his pleasure. The term of office of each such member shall be concurrent with that of the appointing governor. The deputy assistant commissioner of diversity and opportunity shall serve ex officio as the twenty-fifth member. Five members shall be appointed from a list of nominees submitted by the Louisiana chapter of The National Association for the Advancement of Colored People, the Urban League of Greater New Orleans, Inc., the Baton Rouge chapter of the National Association for the Advancement of Colored People, the Monroe chapter of the National Association for the Advancement of Colored People, and the Shreveport chapter of the National Association for the Advancement of Colored People. Two members shall be appointed from a list of nominees submitted by the deans of the business schools of Dillard University, Xavier University, Southern University, and Grambling University. Seventeen members shall be appointed from a list of nominees, one nominee to be submitted by each of the following associations or groups:


or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and

THE ADVOCATEPAGE 12


subsequently approved by the legislature, this Act shall become effective on the day following such approval.



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ACT No. 44- - -

HOUSE BILL NO. 304BY REPRESENTATIVES MAGEE, ABRAHAM, AMEDEE, ARMES, BACALA,

BAGLEY, BAGNERIS, BERTHELOT, BISHOP, CHAD BROWN, CARMODY, COUSSAN, COX, CROMER, DAVIS, DEVILLIER, DWIGHT, EMERSON, FOIL, LANCE HARRIS, HAVARD, HAZEL, HILL, HORTON, HOWARD, IVEY, JACKSON, JENKINS, MIKE JOHNSON, LEBAS, MACK, MIGUEZ, GREGORY MILLER, POPE, PYLANT, RICHARD, SCHEXNAYDER, SEABAUGH, STOKES, AND ZERINGUE AND SENATORS ALARIO, BISHOP, CHABERT, COLOMB, ERDEY, FANNIN, GATTI, HEWITT, LONG, MILKOVICH, MILLS, MIZELL, PERRY, RISER, GARY SMITH, JOHN SMITH, TARVER, THOMPSON, WARD, AND WHITE

AN ACTTo amend and reenact R.S. 40:1379.3(W), relative to concealed handgun

permits; to provide for an exemption from fees for veterans of the United States Armed Forces; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 40:1379.3(W) is hereby amended and reenacted to read as

follows: §1379.3. Statewide permits for concealed handguns; application

procedures; definitions* * *

W.(1) Notwithstanding any provision of law to the contrary, an active duty member, or reserve member, or veteran of the armed forces of the United States shall pay one half of the annual fee provided for in Paragraph (H)(2) of this Section for a five-year permit, or if applying for a lifetime concealed handgun permit, he shall prepay that fee for a total of ten years at the time the application for the lifetime concealed handgun permit is made.

(2) A veteran of the armed forces of the United States shall be exempt from all fees associated with the five-year permit or lifetime concealed carry permit.

(2)(3) For the purposes of this Subsection, “veteran” shall mean any honorably discharged veteran of the armed forces of the United States including reserve components of the armed forces, the Army National Guard, the Air National Guard, the U.S. Public Health Service Commissioned Corps, and any other category of persons designated by the president in time of war or emergency.



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ACT No. 45- - -


AN ACTTo amend and reenact R.S. 36:686(F), to enact Part VIII of Chapter 11 of

Title 22 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 22:2187, and to repeal R.S. 22:1047 and Part VII of Chapter 11 of Title 22 of the Louisiana Revised Statutes of 1950, comprised of R.S. 22:2186 and 2186.1, relative to mandated health insurance benefits; to reconstitute the Louisiana Mandated Health Benefits Commission and eliminate the requirements for periodic reevaluation of and a moratorium on such mandates; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. Part VIII of Chapter 11 of Title 22 of the Louisiana Revised

Statutes of 1950, to be comprised of R.S. 22:2187, is hereby enacted to read as follows:

PART VIII. LOUISIANA MANDATED HEALTH BENEFITS COMMISSION§2187. Louisiana Mandated Health Benefits CommissionA. The Louisiana Mandated Health Benefits Commission is hereby created

and shall exercise its powers, duties, functions, and responsibilities in the manner provided in R.S. 36:802. The commission shall be staffed by the office of health, life, and annuity within the Department of Insurance.

B. The commission shall be comprised of the following members:(1) The chairman of the House Committee on Insurance or his designee.(2) The chairman of the Senate Committee on Insurance or his designee.(3) The commissioner of administration or his designee.(4) Two persons appointed by the commissioner of insurance.C. Members of the commission shall serve on an ex officio basis except that

the two persons appointed by the commissioner of insurance shall serve terms concurrent with that of the commissioner of insurance.

D. The commission shall conduct its duties under the direction of the commissioner of insurance. The commission shall elect its own chair, who shall preside at meetings, and its own vice chair, who shall preside in the

absence of the chair. The commission shall conduct its business according to Robert’s Rules of Order. A quorum for conducting business shall be a majority of the members. All members shall be voting members.

E. The commissioner of insurance shall have the authority, in addition to the authority of the chairman of the commission, to order the commission to convene to conduct its business.

F. Pursuant to 42 U.S.C. 18031(d)(3)(B), the annual cost of any mandated benefit in excess of Essential Health Benefits, hereinafter referred to as “EHBs”, for Qualified Health Plans, hereinafter referred to as “QHPs”, shall be a legal obligation of the state of Louisiana and shall be defrayed by the state through direct reimbursement to any health insurance issuer entitled to such reimbursement pursuant to 42 U.S.C. 18031(d)(3)(B)

G. The duties of the commission shall include:(1) Reviewing proposed legislation in any session of the legislature to

determine if the legislation creates a mandated health benefit that would require the state to defray the costs of the mandate for QHPs in excess of EHBs pursuant to 42 U.S.C. 18031(d)(3)(B). The commission shall give full consideration to relevant implementing regulations in Title 45 of the Code of Federal Regulations.

(a) After reviewing such proposed legislation, the commission, if it determines that a mandate for QHPs is in excess of EHBs, shall, in consultation with the Department of Insurance, notify the House and Senate committees on insurance of the commission’s determination that a mandate has been proposed and shall provide an actuarial cost projection for the cost of the proposed mandate for QHPs and non-QHPs.

(b) In the event that the legislature enacts a mandate that is in excess of EHBs, the commission shall determine, pursuant to the review process specified in this Paragraph, what the cost of the enacted mandate is to all QHPs and shall, by majority vote in an open meeting, adopt an actuarially sound cost estimate for the first plan or policy year for the mandate in excess of EHBs for all QHPs in this state.

(c) Following the adoption of the cost estimate by majority vote, the commission shall tender the cost estimate to the division of administration, the speaker of the House of Representatives, the president of the Senate, and the chairman of the House Committee on Appropriations, the chairman of the House Committee on Insurance, the chairman of the Senate Committee on Finance, and the chairman of the Senate Committee on Insurance.

(d) For any policy or plan years following the initial effective policy or plan year, the commission shall include historical experience of the cost of the mandate in excess of EHBs in its deliberative process.

(e) Following adoption of the cost estimate, the commission shall, in conjunction with the Department of Insurance, give formal notice of such adoption in the State Register.

(2) Conducting the review process specified in this Subsection for any mandate that was enacted after December 31, 2011, and if determined to be a mandate in excess of EHBs for QHPs, the commission shall follow the process for adoption of the cost of the enacted mandate in the manner prescribed in Subparagraphs (1)(b) through (e) of this Subsection.

(3) Promulgating rules and regulations pursuant to the Administrative Procedure Act.

(4) Any functions necessary and proper for the completion of the duties specified in this Subsection.

H. Any health insurance issuer that issues QHPs shall have the right to appear and be heard and to submit information to the commission for consideration in the performance of the duties of the commission.

I. Any health insurance issuer that objects to the adoption of the cost estimate pursuant to Subsection G of this Section shall have the right to file an appeal in the Nineteenth Judicial District Court of the state of Louisiana within thirty days of the adoption of the cost estimate in open meeting.

J. For purposes of this Section, “health insurance issuer” means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including through a health benefit plan, and shall include a sickness and accident insurance company, a health maintenance organization, a preferred provider organization or any similar entity, or any other entity providing a plan of health insurance or health benefits.

Section 2. R.S. 36:686(F) is hereby amended and reenacted to read as follows:

§686. Transfer of agencies to the Department of Insurance* * *

F. The Louisiana Mandated Health Benefits Commission (R.S. 22:2186 et seq.) (R.S. 22:2187) is hereby placed within the Department of Insurance and shall exercise its powers, duties, functions, and responsibilities in the same manner as agencies transferred in the manner provided in R.S. 36:802.

* * *Section 3. R.S. 22:1047 and Part VII of Chapter 11 of Title 22 of the Louisiana

Revised Statutes of 1950, comprised of R.S. 22:2186 and 2186.1, are hereby repealed in their entirety.



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THE ADVOCATEPAGE 13


ACT No. 46- - -

HOUSE BILL NO. 323BY REPRESENTATIVE JACKSON


authorize the transfer of certain state property in Morehouse Parish; to provide for the property description; to provide for reservation of mineral rights; to provide terms and conditions; to provide an effective date; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. The secretary of the Department of Wildlife and Fisheries,

notwithstanding any other provision of law to the contrary, is hereby authorized and empowered to convey, transfer, assign, lease, or deliver any interest, excluding mineral rights, the state may have to all or any portion of the following described parcel of property to Kenneth W. Cook, Jr., and Annie S. Cook:

A certain tract of property located in Section 36, Township 20 North, Range 5 East, in Morehouse Parish, Louisiana and more particularly described as follows: Beginning at the Southwest corner of Section 36, Township 20 North, Range 5 East, then run East 1380 feet to a point, then North 59 Degrees, 17 Minutes, West 1600 feet to a point, then South 800 feet to the point of the beginning, containing approximately 12.60 acres.

Section 2. The secretary of the Department of Wildlife and Fisheries is hereby authorized to enter into such agreements, covenants, conditions, and stipulations and to execute such documents as necessary to properly effectuate any conveyance, transfer, assignment, lease, or delivery of title, excluding mineral rights, to the property described in Section 1 of this Act, and as more specifically described in any such agreements entered into and documents executed by and between the secretary of the Department of Wildlife and Fisheries and Kenneth W. Cook, Jr., and Annie S. Cook, in exchange of consideration proportionate to the appraised value of the property.




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ACT No. 48- - -

HOUSE BILL NO. 346BY REPRESENTATIVE CARMODY

AN ACTTo amend and reenact R.S. 9:3560(A)(introductory paragraph) and (1)(a)

and (b), relative to consumer loan licensing requirements; to provide for exemptions; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 9:3560(A)(introductory paragraph) and (1)(a) and (b) are

hereby amended and reenacted to read as follows:§3560. Licenses not requiredA. Notwithstanding R.S. 9:3557, the following persons shall be are exempt

from the consumer loan licensing requirements under this Part:(1)(a) A bank, savings bank, savings and loan association, or similar

financial institution organized, certified, and supervised, or chartered, by an agency of either the United States of America, or the state of Louisiana, any other state or territory of the United States of America, or the District of Columbia pursuant to the banking, currency, and related laws of the United States of America, or the state of Louisiana, any other state or territory of the United States of America, or the District of Columbia.

(b) A subsidiary of any state-chartered or federally chartered entity described in Subparagraph (a) of this Paragraph in which eighty percent or more of the ownership rests with such parent entity.




ACT No. 49- - -

HOUSE BILL NO. 442BY REPRESENTATIVES ROBERT JOHNSON, ABRAMSON, ADAMS,

ARMES, BARRAS, BERTHELOT, BILLIOT, BOUIE, BROADWATER, TERRY BROWN, STEVE CARTER, CHANEY, COX, DAVIS, DWIGHT, FRANKLIN, LANCE HARRIS, HAVARD, HAZEL, HORTON, HOWARD, JACKSON, NANCY LANDRY, LEBAS, LOPINTO, GREGORY MILLER, MONTOUCET, MORENO, NORTON, PIERRE, PUGH, PYLANT, REYNOLDS, RICHARD, SIMON, STOKES, THIBAUT, WILLMOTT, AND ZERINGUE AND SENATORS ALARIO AND THOMPSON

AN ACTTo authorize the secretary of the Department of Public Safety and Corrections

to rename the correctional facility located at Cottonport, Louisiana, as the Raymond Laborde Correctional Center; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. Notwithstanding the provisions of R.S. 42:267 or any other

provision of law to the contrary, the secretary of the Department of Public Safety and Corrections may designate and rename the correctional facility at Cottonport, Louisiana, as the “Raymond Laborde Correctional Center” in honor of former state representative Raymond Laborde.




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ACT No. 50- - -

HOUSE BILL NO. 460BY REPRESENTATIVE ABRAHAM

AN ACTTo amend and reenact R.S. 22:589(C) and to enact R.S. 22:589(D), relative to

investments by domestic insurers in securities of foreign nations; to provide additional authority for such investments, including requiring that such foreign nations be members of the Organisation for Economic Co-operation and Development; to provide for minimum rating requirements and a limitation on such securities; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 22:589(C) is hereby amended and reenacted and R.S.

22:589(D) is hereby enacted to read as follows: §589. Foreign securities

* * *C. A domestic insurer may invest any of its funds in bonds, debentures,

notes, or other similar obligations that are not in default and are issued in the United States market, denominated in United States dollars, and are the direct legal obligation of a foreign nation that is a member of the Organisation for Economic Co-operation and Development, for which investments in or business transactions with are not prohibited or restricted by any law, regulation, or rule of the United States or this state, and for which the full faith and credit of such nation has been pledged for the payment of principal and interest, but only if the foreign nation has not defaulted and has met its payment obligations in a timely manner on all similar obligations for a period of at least twenty-five years immediately preceding. Additionally, the debt of the issuing country shall be rated at least A- or better by Standard & Poor’s Corporation or A3 or better by Moody’s, Inc. or an equivalent investment grade by a securities ratings organization accepted by the National Association of Insurance Commissioners. The total investment in such foreign securities at any one time shall not exceed five percent of an insurer’s admitted assets.

C. D. In addition to the investments authorized in Subsections A, and B, and C of this Section, an insurer authorized to transact insurance in a foreign country may invest an amount or amounts in the aggregate not exceeding thirty percent of its capital and surplus if a stock company, or thirty percent of its surplus if a mutual company, in such investments as are allowed in R.S. 22:584 in a foreign country with which the United States has diplomatic relations or had diplomatic relations on January 1, 1978. For the purposes of investments made under this Subsection, all references to the United States appearing in R.S. 22:584 shall be considered to name the particular foreign country or countries in which the investments made hereunder are placed.




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ACT No. 47- - -

HOUSE BILL NO. 215Ancillary Appropriations


THE ADVOCATEPAGE 14


ACT No. 51- - -

HOUSE BILL NO. 490BY REPRESENTATIVE LEBAS

AN ACTTo amend and reenact R.S. 22:1856(C)(introductory paragraph) and (14) and

to enact R.S. 22:1856(C)(15), relative to pharmacy claims to health insurance issuers; to provide for an authorized time period for a health insurer to send a remittance advice; to require certain information on the remittance advice; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 22:1856(C)(introductory paragraph) and (14) are hereby

amended and reenacted and R.S. 22:1856(C)(15) is hereby enacted to read as follows:

§1856. Thirty-day payment Payment standard; limitations on claim filing and audits; remittance advice

* * *C. Each remittance advice generated by a health insurance issuer or

its agent to a pharmacist or his agent or pharmacy or its agent shall be postmarked within seven business days sent on the date of payment and shall include the following information, clearly identified and totaled for each claim listed:

* * *(14) Network identifier.(15) A toll-free telephone number for assistance with the remittance advice.

* * *Section 2. This Act shall become effective on January 1, 2017.Approved by the Governor, May 10, 2016.



ACT No. 52- - -

HOUSE BILL NO. 495BY REPRESENTATIVE MORENO

AN ACTTo amend and reenact R.S. 15:572.5, relative to pardons; to provide for

information to be provided to the Board of Pardons; to establish a fee for conducting pardon investigations; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 15:572.5 is hereby amended and reenacted to read as follows: §572.5. Information to be provided to Board of Pardons A. Upon request of the Board of Pardons, the Department of Corrections

and the Department of Public Safety and Corrections shall provide the Board of Pardons with such records of the fact and circumstances of the offense for which the person applying for a pardon was convicted, the offender’s past criminal record, his social history, the prison record, and the physical, mental, or psychiatric condition of the person applying for a pardon, and any other records or other reports that may be requested.

B. The Department of Public Safety and Corrections may charge a fee not to exceed one hundred fifty dollars for conducting the clemency investigation provided for in this Section.



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ACT No. 53- - -

HOUSE BILL NO. 524BY REPRESENTATIVE ROBBY CARTER

AN ACTTo amend and reenact R.S. 3:4679, relative to penalties for failure to provide

records of certain petroleum products; to provide a maximum penalty for the failure to provide records of petroleum products received, used, sold, or delivered; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 3:4679 is hereby amended and reenacted to read as follows:§4679. Record of products soldEach dealer, distributor, or importer shall keep a full and complete record of

petroleum products received, used, sold, or delivered within this state by him, together with invoices, bills of lading, and other pertinent records and papers as may be required by the commissioner for the reasonable administration of this Subpart until the taxes to which they relate have prescribed. All such records shall be opened for inspection to the commissioner at all reasonable hours. Each dealer, distributor, or importer that willfully and knowingly violates this Section by failing to provide such records may be subject to a fine of up to five thousand dollars.



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ACT No. 54- - -

HOUSE BILL NO. 548BY REPRESENTATIVES JACKSON, BAGNERIS, GARY CARTER,

JIMMY HARRIS, HOFFMANN, AND JAY MORRISAN ACT

To enact R.S. 13:5401(C)(10), relative to reentry courts; to authorize the creation of a reentry division of The Fourth Judicial District Court; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 13:5401(C)(10) is hereby enacted to read as follows: §5401. District courts; reentry courts; subject matter

* * *C. The following district courts may assign certain divisions of the court as

a reentry division of court in accordance with the provisions of this Section:* * *

(10) The Fourth Judicial District Court.Approved by the Governor, May 10, 2016.



ACT No. 55- - -


AN ACTTo repeal Chapter 6 of Title 43 of the Louisiana Revised Statutes of 1950,

comprised of R.S. 43:231 and 232, relative to the secretary of state; to repeal provisions that require the secretary of state to print and deliver materials to the Louisiana Historical Association; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. Chapter 6 of Title 43 of the Louisiana Revised Statutes of 1950,

comprised of R.S. 43:231 and 232, is hereby repealed in its entirety.Section 2. This Act shall become effective upon signature by the governor




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ACT No. 56- - -

HOUSE BILL NO. 596BY REPRESENTATIVE HUVAL

AN ACTTo enact R.S. 22:1569, relative to contracts between a health insurance issuer

and a producer; to provide for notification and effectiveness of a material change in such a contract; to provide for definitions; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 22:1569 is hereby enacted to read as follows: §1569. Contract with health insurance issuer; notificationA. A material change made by a health insurance issuer to the terms and

conditions of a contract between the health insurance issuer and a producer shall not become effective until the health insurance issuer has delivered to the producer, at least ninety days prior to the effective date of the change, written or electronic notice indicating the change or changes to the contract. For purposes of this Section, a “material change” is a change made to a provision of the contract affecting any of the following:

(1) Commissions, bonuses, and incentives paid to the producer.(2) Right of survivorship.(3) Indemnification of the producer by the health insurance issuer.(4) Errors and omissions coverage requirements for the producer.B. Subsection A of this Section shall not apply under either of the following

circumstances:(1) When the change to the contract is mutually agreed upon by the health

insurance issuer and the producer.(2) When the change to the contract is required by state or federal law.C. For purposes of this Section:(1) “Health benefit plan” means a policy, contract, certificate , or agreement

entered into, offered, or issued by a health insurance issuer to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services. “Health benefit plan” shall not include a plan providing coverage for excepted benefits as defined in R.S. 22:1061 and short-term policies that have a term of less than twelve months.

(2) “Health insurance issuer” means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide, deliver,

THE ADVOCATEPAGE 15


arrange for, pay for, or reimburse any of the costs of healthcare services, including through a health benefit plan as defined in this Section, and shall include a sickness and accident insurance company, a health maintenance organization, a preferred provider organization or any similar entity, or any other entity providing a plan of health insurance or health benefits.



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ACT No. 58- - -

HOUSE BILL NO. 613BY REPRESENTATIVE THIBAUT

AN ACTTo enact R.S. 22:1023(D)(8) and (9), relative to genetic information obtained

by health insurers; to provide for exceptions from certain statutory requirements for and restrictions on the use of such information; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 22:1023(D)(8) and (9) are hereby enacted to read as follows: §1023. Prohibited discrimination; genetic information; disclosure

requirements; definitions* * *

D. The requirements of this Section shall not apply to the genetic information obtained:

* * *(8) For treatment, payment, and healthcare operations by an insurer

consistent with the federal Health Insurance Portability and Accountability Act and its related regulations.

(9) For maintenance of information by an insurer in accordance with record retention requirements.




ACT No. 59- - -

HOUSE BILL NO. 618BY REPRESENTATIVES WILLMOTT, AMEDEE, ANDERS, BAGLEY,

BERTHELOT, BILLIOT, BROADWATER, TERRY BROWN, CARMODY, CONNICK, COUSSAN, COX, CROMER, DANAHAY, DAVIS, DEVILLIER, DWIGHT, EDMONDS, EMERSON, FALCONER, FOIL, GAROFALO, GISCLAIR, JIMMY HARRIS, HILL, HODGES, HOFFMANN, HORTON, HOWARD, IVEY, JACKSON, JEFFERSON, MIKE JOHNSON, ROBERT JOHNSON, NANCY LANDRY, LEBAS, LYONS, MAGEE, MCFARLAND, MIGUEZ, DUSTIN MILLER, GREGORY MILLER, JAY MORRIS, POPE, PUGH, PYLANT, REYNOLDS, SCHEXNAYDER, SCHRODER, SIMON, STOKES, WHITE, AND ZERINGUE AND SENATOR BARROW

AN ACTTo enact Part VI of Subchapter B of Chapter 5-D of Title 40 of the Louisiana

Revised Statutes of 1950, to be comprised of R.S. 40:1191.1 through 1191.4, relative to fetal remains; to provide for definitions; to require notification of parents’ right to determine the final disposition; to require notification of available counseling; to provide for final disposition if no parental decision indicated after forty-eight hours; to provide for a notice of parental right form; to establish a limitation of liability; to provide for an effective date; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. Part VI of Subchapter B of Chapter 5-D of Title 40 of the

Louisiana Revised Statutes of 1950, comprised of R.S. 40:1191.1 through 1191.4, is hereby enacted to read as follows:

PART VI. DISPOSITION OF FETAL REMAINS§1191.1. DefinitionsAs used in this Part, the following terms have the meaning ascribed to

them in this Section unless the context requires otherwise:(1) “Final disposition” means the burial, cremation, or other disposition of

the remains of a human fetus following fetal death.(2) “Health facility” means a facility licensed by the Department of Health

and Hospitals to provide health services.

(3) “Miscarried child” means the fetal remains resulting from a spontaneous fetal death that does not require compulsory registration pursuant to the provisions of R.S. 40:47.

§1191.2. Final disposition of fetal remains; rights of parents; notice required; exception

A. Prior to the final disposition of a miscarried child, but not more than twenty-four hours after the miscarriage occurs in a health facility, the facility shall notify the patient, or if the patient is incapacitated, the spouse of the patient, both orally and in writing, of both of the following:

(1) The parent’s right to arrange for the final disposition of the child through the use of the notice of parental rights form as provided for in R.S. 40:1191.3.

(2) The availability of a chaplain or other counseling services concerning the death of the child, if such services are provided by the health facility.

B.(1) The patient shall have forty-eight hours from receipt of the notice of parental rights form provided by the health facility pursuant to Subsection A of this Section to indicate on the notice of parental rights form the patient’s intent to arrange for the final disposition of the miscarried child and to return the notice of parental rights form to the health facility.

(2) If the health facility receives the patient’s completed notice of parental rights form within the time period required by this Subsection, and once it is medically appropriate for the final disposition of the fetal remains to occur, the health facility shall make the remains available to transfer for a minimum of seventy-two hours. After the transfer, the final disposition of the fetal remains by the transferee shall be in accordance with the provisions of Chapter 10 of Title 8 of the Louisiana Revised Statutes of 1950.

(3) If the health facility does not receive the patient’s completed notice of parental rights form within the time period required by this Subsection, the fetal remains shall be disposed of in accordance with the rules and regulations promulgated by the Department of Health and Hospitals.

C. No notice shall be required if both the patient and the patient’s spouse are incapacitated or otherwise unable to receive the notice required by Subsection A of this Section.

§1191.3. Notice of parental rights formThe Department of Health and Hospitals shall promulgate, in accordance

with the Administrative Procedure Act, a notice of parental rights form to be used by health facilities to comply with the provisions of this Part. The form shall include, at a minimum, all of the following:

(1) A definitive statement that reads as follows: “This notice of parental rights form is required to be provided to you pursuant to Louisiana law.”

(2) A brief description of the provisions of this Part along with concise instructions for the patient to follow regarding how to properly complete the form and return it to the health facility in the event the patient desires to arrange for the final disposition of the miscarried child.

(3) A concise statement of the timelines that must be satisfied in order for the patient to arrange for the final disposition of the miscarried child.

(4) A listing of state, regional, or national grief counseling organizations that may provide counseling services concerning the death of a child.

§1191.4. Limitation of liabilityThe provisions of this Part shall not be construed to create a cause of

action, nor shall the health facility, or any person authorized to act on behalf of the health facility, be held civilly liable for any damages when a health facility makes a final disposition of the fetal remains in accordance with the provisions of this Part.

Section 2. The Department of Health and Hospitals shall promulgate the notice of parental rights form pursuant to R.S. 40:1191.3 as enacted by this Act prior to January 1, 2017.

Section 3(A). Except as provided in Section (3)(B) of this Act, this Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval.

(B). R.S. 40:1191.2 as enacted by this Act shall be effective January 1, 2017.Approved by the Governor, May 10, 2016.



ACT No. 60- - -

HOUSE BILL NO. 634BY REPRESENTATIVE MAGEE

AN ACTTo amend and reenact R.S. 31:149(B), relative to mineral rights in land

acquired by governmental agencies; to provide relative to the prescription of mineral rights; to provide for mineral rights in appropriated property; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 31:149(B) is hereby amended and reenacted to read as

follows: §149. Mineral rights reserved from acquisitions of land by governments

or agencies thereof imprescriptible; prescription period in acquisitions for economic development

ACT No. 57- - -

HOUSE BILL NO. 1047Supplemental Appropriationswill publish in a later edition.

THE ADVOCATEPAGE 16


* * *B. When land is acquired from any person by an acquiring authority through

act of sale, exchange, donation, or other contract, or by condemnation, appropriation, or expropriation, and a mineral right subject to the prescription of nonuse is reserved in the instrument or judgment by which the land is acquired, prescription of the mineral right is interrupted as long as title to the land remains with the acquiring authority, or any successor that is also an acquiring authority. The instrument or judgment shall reflect the intent to reserve or exclude the mineral rights from the acquisition and their imprescriptibility as authorized under the provisions of this Section and shall be recorded in the conveyance records of the parish in which the land is located.




ACT No. 61- - -

HOUSE BILL NO. 637BY REPRESENTATIVE STOKES

AN ACTTo enact Chapter 27-B of Title 51 of the Louisiana Revised Statutes of 1950,

comprised of R.S. 51:1949.1, relative to fees for automobile rentals; to authorize the inclusion of certain mandatory fees as separate charges in a rental agreement; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. Chapter 27-B of Title 51 of the Louisiana Revised Statutes of

1950, comprised of R.S. 51:1949.1, is hereby enacted to read as follows:CHAPTER 27-B. MOTOR VEHICLE RENTAL AGREEMENTS

§1949.1. Imposition of certain fees in motor vehicle rental agreementsA. A motor vehicle lessor, in a rental agreement, may list mandatory

charges separately, including but not limited to vehicle license recovery fees, airport access fees, airport concession fees, and all applicable taxes.

B. If a motor vehicle lessor includes a vehicle license recovery fee as a separate charge in a rental agreement, the amount of the fee shall represent the motor vehicle lessor’s good-faith estimate of the lessor’s average per vehicle portion of the lessor’s total annual titling and registration costs incurred pursuant to the provisions of R.S. 47:451 et seq.

C. If the total amount of the vehicle license recovery fees collected by a motor vehicle lessor pursuant to this Section in any one calendar year exceeds the lessor’s actual costs to license, title, and register the motor vehicles for that year, the lessor shall do the following:

(1) Retain the excess amount collected.(2) Adjust the estimated average per vehicle titling and registration charge

for the following calendar year by a corresponding amount.D. As used in this Section, the following terms have the following meanings:(1) “Motor vehicle” means that term as defined in R.S. 32:1252.(2) “Motor vehicle lessor” means that term as defined in R.S. 32:1252 and

subject to the licensing provisions of R.S. 32:1254(A).(3) “Vehicle license recovery fee” means a charge that is included in a

vehicle rental transaction to recover costs incurred by a motor vehicle lessor to license, title, and register rental vehicles.



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ACT No. 62- - -

HOUSE BILL NO. 688BY REPRESENTATIVE LEBAS

AN ACTTo amend and reenact R.S. 40:964 (Schedule II)(A)(1)(introductory

paragraph) and (4) and to enact R.S. 40:964(Schedule IV)(E)(3), relative to the Uniform Controlled Dangerous Substances Law; to add certain substances to Schedules II and IV; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 40:964 (Schedule II)(A)(1)(introductory paragraph) and (4)

are hereby amended and reenacted and R.S. 40:964(Schedule IV)(E)(3) is hereby enacted to read as follows:

§964. Composition of schedulesSchedules I, II, III, IV, and V shall, unless and until added to pursuant to

R.S. 40:962, consist of the following drugs or other substances, by whatever official name, common or usual name, chemical name, or brand name designated:

* * *SCHEDULE II

A. Substances of vegetable origin or chemical synthesis. Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) Opium and opiate, and any salt, compound, isomer, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxegol, naloxone, and naltrexone, and their respective salts, but including the following:

* * *(4) Coca leaves, and any salt, compound, derivative, or preparation of coca

leaves (including cocaine, ecgonine and their salts, isomers, derivatives and salts of isomers and derivatives), and any salt, isomer, salt of an isomer, compound, derivative, or preparation of coca leaves, cocaine or ecgonine and any salt, isomer, salt of an isomer, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include:

(a) decocainized Decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine.

(b) Ioflupane, with and without radioisotopes.* * *

SCHEDULE IV* * *

E. Other substancesUnless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts:

* * *(3) Eluxadoline (5-[[[2-amino-3-[(4-aminocarbonyl)-2,6-dimethylphen yl] -1- oxo pr o pyl] [1- (4 - phe n yl -1 H- i m id a z ol - 2 - y l ) t heyl] a m i no]

methyl]-2-methoxybenzoic acid) (including its optical isomers) and its salts, isomers, and salts of isomers.




ACT No. 63- - -

HOUSE BILL NO. 692BY REPRESENTATIVE JACKSON

AN ACTTo amend and reenact R.S. 26:80(C), relative to alcoholic beverages; to

provide for citizenship and residency requirements for certain permit applicants; to provide exemptions; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 26:80(C) is hereby amended and reenacted to read as follows: §80. Qualifications of applicants for permits

* * *C.(1) If the applicant is a corporation or a limited liability company,

all officers and directors and all stockholders or members owning in the aggregate more than five percent of the stock or of the membership interest in a limited liability company and the person or persons who shall conduct or manage the business shall possess the qualifications required of an applicant and shall furnish their federal identification number, their Louisiana Department of Revenue business account number, their social security number, and their correct home address. The requirements as to citizenship and residence do not apply to either the officers, directors, or stockholders of corporations, or the officers, managers, or members of limited liability companies. The corporation or limited liability company shall be either organized under the laws of the state of Louisiana or qualified to do business within the state of Louisiana. , to be shown by the affidavit of each accompanying the application. Each affidavit shall include the signatory’s Louisiana Department of Revenue business account number, his social security number, and his correct home address.

(2) The requirements as to citizenship and residence do not apply to officers, directors, or stockholders of corporations or members of limited liability companies applying for retail permits; to officers, directors, or stockholders or members of a manufacturer; or to officers, directors, or stockholders of any corporation which on January 31, 2003, had held a wholesale dealer permit continuously for at least the past three years. The provisions of this Paragraph apply only to a corporation, limited liability company, partnership, or any other legal business entity either organized under the laws of the state of Louisiana or qualified to do business within the state of Louisiana.

(3) Notwithstanding any other provisions of law to the contrary, the commissioner may accept from a publicly traded or other corporation or entity, other than any gaming entity regulated pursuant to the provisions of R.S. 27:20 et seq., R.S. 27:41 et seq., or R.S. 27:301 401 et seq., the necessary documentation of those persons described in Subsection D of this Section and three officers of the corporation in full satisfaction of the requirements of this Section.



THE ADVOCATEPAGE 17




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ACT No. 64- - -

HOUSE BILL NO. 724BY REPRESENTATIVE PRICE

AN ACTTo amend and reenact R.S. 6:653.1(A) and to repeal R.S. 6:653.1(B), relative

to trust deposits payable to beneficiaries; to repeal provisions requiring authentic form when naming beneficiaries; to repeal provisions requiring the use of certain terms with respect to credit union share accounts; and to provide for related matters.


follows: §653.1. Trust deposits; death of depositor, paymentA. Upon the death of a member who has deposited a sum in any federal or

state credit union account evidencing an intention that upon the death of the member, the funds shall belong to the named beneficiary or beneficiaries of the member, the federal or state credit union may pay the share account, together with the dividends or accruing interest accruing thereto, to the named beneficiaries for whom the deposit was made, and the federal or state credit union may rely conclusively thereon. The member shall, at the time such share account is established, give to the federal or state credit union an affidavit in authentic form stating the names of one or more beneficiaries. The credit union may conclusively rely on this affidavit for the disbursal of funds. Upon receiving a death certificate, the credit union may disburse funds to the named beneficiaries. Such beneficiaries shall be specifically named in the share account records of the federal or state credit union.

* * *

Section 2. R.S. 6:653.1(B) is hereby repealed in its entirety.Approved by the Governor, May 10, 2016.



ACT No. 65- - -

HOUSE BILL NO. 755BY REPRESENTATIVE ABRAMSON

AN ACTTo enact R.S. 49:191(9)(b) and to repeal R.S. 49:191(6)(a), relative to the

Department of Revenue; to provide for the re-creation of the Department of Revenue 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 matters.

Be it enacted by the Legislature of Louisiana:Section 1. Pursuant to R.S. 49:193, the Department of Revenue and the

statutory entities made a part of the department by law shall be re-created effective June 30, 2016, 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 1950.

Section 2. All statutory authority for the existence of the Department of Revenue 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, 2020, pursuant to R.S. 49:191. However, the Department of Revenue 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 1950.


Section 4. R.S. 49:191(9)(b) is hereby enacted to read as follows: §191. Termination of legislative authority for existence of statutory

entities; phase-out period for statutory entities; table of datesNotwithstanding 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:

* * *(9) July 1, 2020:

* * *(b) The Department of Revenue and all statutory entities made a part of

the department by law.Section 5. R.S. 49:191(6)(a) is hereby repealed in its entirety.Section 6. This Act shall become effective on June 30, 2016; if vetoed by




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ACT No. 66- - -

HOUSE BILL NO. 812BY REPRESENTATIVES SCHRODER AND THIBAUT

AN ACTTo enact R.S. 39:127.2, relative to maximum utilization of office space in state

owned or leased buildings; to provide for the identification of underutilized office space; to require utilization by certain agencies; to provide duties and responsibilities; to require reporting of available office space and reporting of agencies in violation; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 39:127.2 is hereby enacted to read as follows: §127.2. Utilization of office space in state owned buildingsA. The Legislature of Louisiana hereby finds and declares that the maximum

utilization of state owned or leased buildings is a necessary cost efficiency and, accordingly, further declares that it is incumbent upon and the responsibility of all state agencies to actively conserve, identify, and seek available office space in state owned or leased buildings.

B.(1) Each agency shall submit to the division of administration by July first of each year and update by January first of each year, the identity of any and all office space in state owned or leased buildings by location and square footage and the identity of any unoccupied or underutilized office space in state owned or leased buildings by location and square footage.

(2) The division of administration shall compile the names of any agencies that fail to submit the information required by Paragraph (1) of this Subsection and submit the names of the agencies to the Joint Legislative Committee on the Budget for consideration at its next meeting.

(3) The division of administration shall prepare an annual report, to be submitted to the Joint Legislative Committee on the Budget on or before March first of each year, regarding the amount of office space in state owned or leased buildings, the amount of unoccupied or underutilized office space in state owned or leased buildings, and the amount of leased office space in buildings that are not considered state owned or leased. The annual report shall also include a compilation of the notices to the agencies and the agencies’ responses required by Paragraph (D)(2) of this Section.

C. The division of administration, as part of its duty to allocate space in accordance with R.S. 39:127, shall:

(1) Maintain a list, updated semi-annually, of all office space in state owned or leased buildings by location and square footage.

(2) Identify all available office space that the division of administration determines is suitable for the needs of an agency with leased space, and within thirty days after the semi-annual update of the list required in this Section, send a notice to the head of the agency of the available space.

D.(1) Within ninety days of the notification provided for in this Section, the agency head shall respond to the notice with a transitional plan for moving into the available space or a detailed indication of why the space is not suitable for use by the agency.

(2) If the agency does not submit a transitional plan for moving into the space identified or does not move in the time indicated in the plan, the notice to the agency and the agency’s response required by this Section shall be submitted to the Joint Legislative Committee on the Budget for consideration at its next meeting. The notices to the agencies and the agencies’ responses shall be compiled and included in the report by the division of administration to the Joint Legislative Committee on the Budget required by Paragraph (B)(3) of this Section.

E. Neither the fact that an agency is headed by an elected or an appointed officer nor the fact that an agency derives its operating funds from direct legislative appropriations, dedication or other allocation or sources of revenues, fees or charges or assessments, or from any other specified source of funds available to the state or for use by the state shall be a factor in determining the agencies or buildings to which this Section shall apply.

F. The division of administration shall comply with federal laws and regulations and with state-federal agreements with respect to the housing of any agency, or its personnel, operations, equipment, or activities, which receives or administers any federal funds.

G. For purposes of this Section:(1) “Agency” means a department, office, division, or agency of a state

governmental entity, except those provided in R.S. 39:127(C) and (D).(2) “Agency head” or “head of agency” means the chief executive or

administrative officer of an agency who exercises supervision over the agency.(3) “Lease” means any agreement, including but not limited to cooperative

endeavor agreements, professional services contracts, and consulting services contracts which gives rise to relationships of landlord and tenant or lessor and lessee.

(4) “Office space” means space suitable to house an agency, its personnel, operations, equipment, or activities but does not include the space governed by the provisions of R.S. 49:150.1.

(5) “State owned or leased building” means a public building, or a portion of a building, belonging to or under the control of the state of Louisiana and

THE ADVOCATEPAGE 18


designed to house personnel, equipment, storage, or services of the various agencies of the state.



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ACT No. 68- - -


AN ACTTo amend and reenact R.S. 22:1062(D)(1), relative to certificates of coverage

provided by group health plans and certain health insurance issuers; to provide that such certificates shall be sent within twenty days of a request; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 22:1062(D)(1) is hereby amended and reenacted to read as

follows: §1062. Increased portability through limitation on preexisting condition

exclusions* * *

D.(1) A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide send the certification of the period of creditable coverage no more than twenty days after such certification is requested by an individual who ceases to be covered under the issuer’s policy or plan:.

(a) At the time an individual ceases to be covered under the plan or otherwise becomes covered under a COBRA continuation provision.

(b) In the case of an individual becoming covered under such a provision, at the time the individual ceases to be covered under such provision.

(c) On the request on behalf of an individual made not later than twenty-four months after the date of cessation of the coverage described in Subparagraph (a) or (b) of this Paragraph, whichever is later. The certification under Subparagraph (a) of this Paragraph may be provided, to the extent practicable, at a time consistent with notices required under any applicable COBRA continuation provision.





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ACT No. 69- - -

HOUSE BILL NO. 847BY REPRESENTATIVE HILFERTY AND SENATOR BISHOP

AN ACTTo amend and reenact R.S. 36:209(O) and to repeal R.S. 36:802.22, relative

to the Department of Culture, Recreation and Tourism; to provide relative to the powers, duties, functions, and responsibilities of the New Orleans City Park Improvement Association and its board of directors; to provide relative to the exercise of such powers, duties, functions, and responsibilities within the Department of Culture, Recreation and Tourism; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 36:209(O) is hereby amended and reenacted to read as

follows: §209. Transfer of boards, commissions, departments, and agencies to

Department of Culture, Recreation and Tourism* * *

O. The New Orleans City Park Improvement Association and its board of commissioners (Act No. 130 of 1896; Act No. 104 of 1934; Act No. 492 of 1958; Act No. 405 of 1962; Act No. 865 of 1982; Act No. 569 of 1989; Act No. 13 of 1998 First Extraordinary Session; Act No. 395 of 2006) is transferred to the Department of Culture, Recreation and Tourism and shall exercise and perform its powers, duties, functions, and responsibilities as provided

for agencies transferred in accordance with the provisions of R.S. 36:802.22 36:801.1.

* * *Section 2. R.S. 36:802.22 is hereby repealed in its entirety. Approved by the Governor, May 10, 2016.



ACT No. 70- - -

HOUSE BILL NO. 867BY REPRESENTATIVE LEOPOLD

AN ACTTo enact R.S. 3:6, relative to the placement of advertising signs on state-

owned property; to provide for the establishment of fees, rules, and regulations associated with the placement of signs on state-owned property; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 3:6 is hereby enacted to read as follows:§6. Placing of advertising signs on state-owned propertyA. The department may authorize the placement, erection, and

maintenance of advertising and sponsorship signs on immovable property, improvements on immovable property, vehicles, vessels, airplanes, and assets of the department.

B. The department shall establish appropriate and reasonable fees and promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section.



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ACT No. 71- - -

HOUSE BILL NO. 909BY REPRESENTATIVES ANDERS, PUGH, AND SCHEXNAYDER

AND SENATOR MARTINYAN ACT

To amend and reenact R.S. 42:2 and R.S. 48:1805(B)(2) and to repeal R.S. 42:3.2, relative to limitations on terms and service of board and commission members; to remove a term and service limitation of general applicability on executive branch board and commission members; to remove certain references thereto; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 42:2 is hereby amended and reenacted to read as follows: §2. Public officer to hold office until successor inductedEvery public officer in this state except in case of impeachment, or

suspension, or meeting the term limitations set forth in R.S. 42:3.2, shall continue to discharge the duties of his office until his successor is inducted into office.

Section 2. R.S. 48:1805(B)(2) is hereby amended and reenacted to read as follows:

§1805. Commission; appointment, term, and related matters* * *

B.* * *

(2) Notwithstanding any provision of R.S. 42:3.2 to the contrary, members Members of the commission shall not serve more than twelve consecutive years beginning with appointments made on or after January 1, 2011.

* * *Section 3. R.S. 42:3.2 is hereby repealed in its entirety.Section 4. This Act shall become effective upon signature by the governor




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ACT No. 72- - -


AN ACTTo amend and reenact R.S. 22:1573(I)(1)(introductory paragraph) and (I)(1)

(b), relative to continuing education requirements for producers; to revise the age requirement for exemption; to clarify that a producer may qualify for the exemption when representing or operating through a licensed Louisiana insurance agency; and to provide for related matters.

ACT No. 67- - -

HOUSE BILL NO. 616Judicial Appropriations


THE ADVOCATEPAGE 19


Be it enacted by the Legislature of Louisiana:Section 1. R.S. 22:1573(I)(1)(introductory paragraph) and (I)(1)(b) are

hereby amended and reenacted to read as follows: §1573. Continuing education requirements

* * *I.(1) The provisions of this Section, imposing continuing education

requirements for renewal of a license, shall not apply to any person sixty-five years of age or older on January 1, 2012, who has at least fifteen years of experience as a licensed producer and who either:

* * *(b) Is actively engaged in the insurance business as a producer and who

represents or operates through a licensed Louisiana insurer or insurance agency.





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ACT No. 73- - -

SENATE BILL NO. 28BY SENATOR PERRY

AN ACTTo amend and reenact R.S. 33:385.1(A), relative to qualifications of an elected

chief of police; to provide relative to the town of Gueydan; and to provide for related matters.


Section 1. R.S. 33:385.1 (A) is hereby amended and reenacted to read as follows:

§385.1. Qualifications of elected chief of policeA. Except as otherwise provided in this Section, an elected chief of police

of a municipality shall be an elector of the municipality. At the time of qualification as a candidate for the office of chief of police, he shall have been domiciled for at least the immediately preceding year in the municipality except that a person who resides outside of the corporate limits of the village of Maurice may be elected chief of police. Additionally, a person who resides outside of the corporate limits of the town of Gueydan, but within the territorial limits of Ward Three of Vermilion Parish, may be elected chief of police of the town. The provisions of this Section shall not apply to the village of Napoleonville.




ACT No. 74- - -

SENATE BILL NO. 144BY SENATOR MARTINY

AN ACTTo amend and reenact R.S. 6:243(B)(1) and (2)(a) and (b), relative to immovable

property; to provide for the accounting for immovable property held by a state bank; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 6:243(B)(1) and (2)(a) and (b) are hereby amended and

reenacted to read as follows: §243. Immovable property; dealingsA. * * *B.(1) Except for property held pursuant to Paragraphs (A)(1) and (A)(5) of

this Section, a state bank shall not hold immovable property as an asset for a longer time than ten years. Any bank holding immovable property which is subject to the ten-year divestiture period shall enter the immovable property on its books at fair market value, or acquisition cost, whichever is lower in accordance with generally accepted accounting principles (GAAP).

(2)(a) A state bank shall obtain annually, within a reasonable time as determined by the commissioner, from a qualified appraiser a current appraisal of the fair market value of any such property valued at an amount greater than two hundred fifty thousand dollars and shall reduce the value of any property on its books if the fair market value has declined account for the property in accordance with GAAP.

(b) For property valued at less than two hundred fifty thousand dollars, a state bank shall annually perform an adequate evaluation of such property. If it is determined after After adequate evaluation that of the property, has a value that is less than its book value, then the book value shall be reduced to reflect the correct valuation of the property in accordance with policies

adopted by the commissioner a state bank shall account for the property in accordance with GAAP. The commissioner may require a state bank to obtain an appraisal by a qualified appraiser of a piece of property valued at less than two hundred fifty thousand dollars, if it is necessary for safety and soundness reasons.




ACT No. 75- - -

SENATE BILL NO. 145BY SENATOR MARTINY

AN ACTTo repeal R.S. 6:1054(G)(4), relative to the Sale of Checks and Money

Transmission Act; to repeal provisions regarding certain persons previously exempted from having to give notice and receive approval for certain transactions; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 6:1054(G)(4) is hereby repealed in its entirety. Approved by the Governor, May 11, 2016.



ACT No. 76- - -

SENATE BILL NO. 469(Substitute of Senate Bill No. 290 by Senator LaFleur)

BY SENATOR LAFLEUR AN ACT

To amend and reenact Civil Code Article 3367, relative to the cancellation of recordation after effect of recordation has ceased; to provide for the cancellation of prescribed state tax liens; to provide certain procedures; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. Civil Code Article 3367 is hereby amended and reenacted to

read as follows:Art. 3367. Cancellation of recordation after effect of recordation has

ceasedIf the effect of recordation of a mortgage, pledge, or privilege has ceased

for lack of reinscription or has prescribed by lapse of time under R.S. 9:5685, the recorder upon receipt of a written signed application shall cancel its recordation.



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ACT No. 77- - -

HOUSE BILL NO. 1049Legislative Appropriations


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ACT No. 78- - -

HOUSE BILL NO. 26BY REPRESENTATIVES MONTOUCET AND REYNOLDS

AN ACTTo enact R.S. 11:2258.1, relative to decisions regarding eligibility for

disability benefits from the Firefighters’ Retirement System; to provide relative to appeals of such decisions; and to provide for related matters


Be it enacted by the Legislature of Louisiana: Section 1. R.S. 11:2258.1 is hereby enacted to read as follows:

§2258.1. Disability benefits; appealA member may appeal a decision made pursuant to R.S. 11:218(D)(2) or

(3), regarding eligibility for disability benefits, by filing a petition in the appropriate district court within thirty days after receipt of written notice of the decision.

Section 2. The provisions of this Act are applicable only if the decision regarding eligibility for disability benefits is made after the effective date of this Act.

Section 3. If House Bill No. 24 of this 2016 Regular Session is enacted to law, the Louisiana State Law Institute shall consolidate the provisions of

THE ADVOCATEPAGE 20


R.S. 11:2258.1 as contained therein with the provisions of R.S. 11:2258.1 as contained in this Act.




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ACT No. 79- - -

HOUSE BILL NO. 38BY REPRESENTATIVES MONTOUCET AND REYNOLDS

AN ACTTo amend and reenact R.S. 11:157(A) and (C), relative to membership in the

Firefighters’ Retirement System; to provide relative to reenrollment in the system by employees covered by Social Security; and to provide for related matters.


Be it enacted by the Legislature of Louisiana:Section 1. R.S. 11:157(A) and (C) are hereby amended and reenacted to read

as follows:§157. Firefighters’ Retirement System; Municipal Police Employees’

Retirement System; optional membership; refund of employee contributions; irrevocable election; reenrollment

A. Notwithstanding any other provision of law to the contrary, any employee, as defined in R.S. 11:2252(9) or R.S. 11:2213(11), 11:2213 or 2252 who is employed by any municipality, parish, or fire protection district of this state which has its employees covered under the federal Social Security program and which has not previously and specifically excluded its police officers or firefighters from coverage under this federal program, may elect not to be or elect not to become a member of either state retirement system. Any member of either state retirement system who elects not to be a member shall be refunded his employee contributions which have been received by the system, without interest for the period for which he contributed to the system.

* * *C.(1) Any member who elects not to become a member of either retirement

system set forth in Subsection A of this Section shall, before such election can become valid, execute and file with the retirement system an affidavit stating that his election not to be a member is of his own free will and is his own voluntary act and deed.

(2) Any member who files such an affidavit of election with the Municipal Police Employees’ Retirement System shall not be eligible to rejoin the system while he is employed by the same municipality, parish, or fire protection district which has its employees covered under the federal Social Security program, unless he repays his previously refunded employee contributions, within sixty days of re-enrollment reenrollment in the system, in one lump sum, plus interest at the board-approved actuarial valuation rate in effect at the time of such repayment, calculated from the date of the refund until the date of repayment.




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ACT No. 80- - -

HOUSE BILL NO. 107BY REPRESENTATIVES WILLMOTT AND LEBAS

AN ACTTo amend and reenact R.S. 14:46.4(B)(5), R.S. 17:81(R)(1) and 3996(B)(22),

and Children’s Code Article 1150(2), relative to the Safe Haven Law and references to certain provisions thereof in the Louisiana Revised Statutes; to provide for technical corrections; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 14:46.4(B)(5) is hereby amended and reenacted to read as

follows: §46.4. Re-homing of a child

* * *B. Re-homing does not include:

* * *(5) Relinquishment of a child pursuant to the safe haven provisions of law

the Safe Haven Law, Ch.C. Art. 1149 et seq.

* * *Section 2. R.S. 17:81(R)(1) and 3996(B)(22) are hereby amended and reenacted

to read as follows:§81. General powers of local public school boards

* * *R.(1) Each city, parish, or other local public school board shall provide to

high school students age and grade appropriate classroom instruction relative to the state’s safe haven relinquishments law Safe Haven Law, Children’s Code Articles Article 1149 through 1160 et seq., which provides a mechanism whereby any parent may relinquish the care of an infant who is not more than thirty sixty days old to the state in safety and anonymity and without fear of prosecution.

* * *§3996. Charter schools; exemptions; requirements

* * *B. Notwithstanding any state law, rule, or regulation to the contrary and

except as may be otherwise specifically provided for in an approved charter, a charter school established and operated in accordance with the provisions of this Chapter and its approved charter and the school’s officers and employees shall be exempt from all statutory mandates or other statutory requirements that are applicable to public schools and to public school officers and employees except for the following laws otherwise applicable to public schools with the same grades:

* * *(22) Teaching regarding the state’s safe haven relinquishments law Safe

Haven Law, R.S. 17:81(R).* * *

Section 3. Children’s Code Article 1150(2) is hereby amended and reenacted to read as follows:

Art. 1150. DefinitionsAs used in this Chapter:

* * *(2) “Designated emergency care facility” means any hospital licensed in

the state of Louisiana, any public health unit, any emergency medical service provider, any medical clinic, any fire station, any police station, any pregnancy crisis pregnancy center, or any child advocacy center.




ACT No. 81- - -

HOUSE BILL NO. 175BY REPRESENTATIVES HILFERTY, ADAMS, AMEDEE, ANDERS,

BACALA, BERTHELOT, CHAD BROWN, TERRY BROWN, GARY CARTER, STEVE CARTER, CONNICK, COX, DAVIS, EMERSON, FOIL, LANCE HARRIS, HAZEL, HODGES, HOFFMANN, HORTON, HOWARD, MIKE JOHNSON, ROBERT JOHNSON, LEBAS, LOPINTO, LYONS, MORENO, JAY MORRIS, PIERRE, PYLANT, REYNOLDS, SCHRODER, SMITH, STOKES, WHITE, AND WILLMOTT AND SENATORS ALARIO, ALLAIN, APPEL, BARROW, BISHOP, BOUDREAUX, COLOMB, CORTEZ, ERDEY, GATTI, HEWITT, LAFLEUR, LONG, MILKOVICH, MIZELL, MORRELL, PEACOCK, PETERSON, RISER, GARY SMITH, TARVER, THOMPSON, WALSWORTH, WARD, AND WHITE

AN ACTTo enact R.S. 17:407.40(A)(7), relative to regulations for early learning center

licensing; to provide that the State Board of Elementary and Secondary Education regulations include requirements for training on recognition and prevention of shaken baby syndrome; to provide relative to information and resources to be made available for such training; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 17:407.40(A)(7) is hereby enacted to read as follows:§407.40. Rules, regulations, and standards for licensesA. The State Board of Elementary and Secondary Education shall

promulgate regulations for each type of license which, at a minimum, shall accomplish all of the following:

* * *(7) Include requirements for employees of early learning centers to receive

training in recognition and prevention of shaken baby syndrome. The Department of Health and Hospitals, office of public health, shall provide information and resources to the state Department of Education for such training and for other areas of training required for employees of early learning centers in promoting the health, safety, and welfare of children. The state Department of Education shall post such information and resources on its website so that it is easily accessible by employees of early learning centers.




THE ADVOCATEPAGE 21


ACT No. 82- - -

HOUSE BILL NO. 190BY REPRESENTATIVE CONNICK

AN ACTTo amend and reenact Code of Criminal Procedure Article 718.1(A) and to

enact Code of Criminal Procedure Article 718.1(D), relative to disposing of sensitive evidence; to provide for those authorized to retain sensitive evidence of certain criminal offenses; to declare certain evidence as contraband; to provide with respect to court orders regarding certain evidence; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. Code of Criminal Procedure Article 718.1(A) is hereby amended

and reenacted and Code of Criminal Procedure Article 718.1(D) is hereby enacted to read as follows:

Art. 718.1. Evidence of obscenity, video voyeurism, or pornography involving juveniles; prohibition on reproduction of pornography involving juveniles

A. In any criminal proceeding, any property or material that is alleged to constitute evidence of obscenity as defined in R.S. 14:106(A)(2) that is unlawfully possessed, video voyeurism as defined in R.S. 14:283, or pornography involving juveniles as defined in R.S. 14:81.1, shall remain in the care, custody, and control of the investigating law enforcement agency, the court, or the district attorney.

* * *D. Any material described in Paragraph A of this Article shall be

contraband and shall not be disseminated or viewed by anyone other than as provided for in this Article or for the purposes of prosecution of the related criminal offenses. The court may issue any orders it deems appropriate to ensure that the privacy concerns of the victim are addressed.



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ACT No. 83- - -

HOUSE BILL NO. 230BY REPRESENTATIVES SMITH, BAGNERIS, BOUIE, CARPENTER,

GARY CARTER, COX, GAINES, JIMMY HARRIS, HUNTER, JACKSON, JAMES, JEFFERSON, JENKINS, LYONS, MARCELLE, AND PRICE AND SENATORS BARROW AND COLOMB

AN ACTTo amend and reenact R.S. 18:1302(4) and 1309(A)(1), relative to early voting;

to provide for the period for conducting early voting; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 18:1302(4) and 1309(A)(1) are hereby amended and reenacted

to read as follows:§1302. DefinitionsAs used in this Chapter, unless the context clearly indicates otherwise, the

following terms shall have the meanings hereafter ascribed to each:* * *

(4) “Early voting” means the period of time from fourteen days to seven days prior to any scheduled election when any person who is qualified to vote may vote in person at a place designated by the registrar as provided in R.S. 18:1309.

* * *§1309. Early voting; verificationA.(1)(a)(i) The period for conducting early voting shall be from fourteen

days to seven days prior to any scheduled election.(ii) The period for conducting early voting shall also include the day added

pursuant to Subparagraph (b) of this Paragraph, if applicable.(b)(i) One day of early voting shall be added to the period specified in Item

(a)(i) of this Paragraph if one or more holidays is required to be observed on a weekday during that period pursuant to Paragraph (4) of this Subsection.

(ii) The additional day shall be the first day preceding the period described in Item (a)(i) of this Paragraph that is not a Sunday or a holiday required to be observed pursuant to Paragraph (4) of this Subsection.




ACT No. 84- - -

HOUSE BILL NO. 237BY REPRESENTATIVES WILLMOTT, AMEDEE, BACALA, BAGNERIS,

BARRAS, BILLIOT, BOUIE, BROADWATER, CHAD BROWN, TERRY BROWN, CARPENTER, ROBBY CARTER, STEVE CARTER, CHANEY, COX, DAVIS, DEVILLIER, EDMONDS, FALCONER, GISCLAIR, LANCE HARRIS, HILL, HOFFMANN, HOWARD, HUNTER, JACKSON, JEFFERSON, MIKE JOHNSON, NANCY LANDRY, LEBAS, LEGER,

LYONS, MAGEE, MARCELLE, MIGUEZ, NORTON, POPE, PUGH, REYNOLDS, RICHARD, SCHRODER, SMITH, WHITE, AND ZERINGUE AND SENATOR BARROW

AN ACTTo enact Children’s Code Articles 1160(A)(1)(c) and 1161, relative to duties of

the Department of Children and Family Services with respect to the Safe Haven Law; to establish and provide for an official Safe Haven symbol; to provide for purposes and uses of the symbol; to provide for promulgation of rules; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. Children’s Code Articles 1160(A)(1)(c) and 1161 are hereby

enacted to read as follows:Art. 1160. Additional regulations; Administrative Procedure Act; reportingA. The department, in accordance with the Administrative Procedure

Act, shall promulgate all rules and regulations necessary to carry out the provisions of this Chapter, including but not limited to the following:

(1) Notice to the public of the existence of designated emergency care facilities and the use of safe havens through the following actions:

* * *(c)(i) Promulgation of the image that shall constitute the official Safe

Haven symbol in accordance with Article 1161 of this Chapter.(ii) Transmittal of an electronic version of the Safe Haven symbol to any

designated emergency care facility upon request.(iii) Production and distribution to designated emergency care facilities

of signage bearing the Safe Haven symbol, subject to availability of funding for this purpose.

* * *Art. 1161. Official Safe Haven symbolA. The legislature hereby creates an official Safe Haven symbol for use

in identifying to the public those sites which are classified as designated emergency care facilities pursuant to the provisions of this Chapter, and for any other use which the department deems necessary or advantageous in fulfilling the purposes set forth in this Chapter. The design and promulgation of the symbol shall be in accordance with the provisions of this Article.

B.(1) The general design of the Safe Haven symbol shall be as follows: Two solid lines, each oriented diagonally, meeting to form an apex in the style of a gable roof; superimposed upon and just underneath the image of the roof being a stylized figure symbolic of an infant, oriented almost horizontally, consisting of a circle representing the infant’s head proximate to or adjoining an oval representing the infant’s body; superimposed upon and just underneath the figure of the infant being a stylized figure symbolic of the lower two-thirds of an arm and a hand of a person, oriented almost horizontally and opposite the direction in which the infant’s head lies, with the figure of the arm bent in curvilinear form upward from the position of the elbow in a cradling posture; the design elements, collectively, giving the appearance of an infant cradled in the arm of a person under the shelter of a roof. The color of these design elements shall be black.

(2) The department shall promulgate in rule the image that shall constitute the official Safe Haven symbol.

C. The department is hereby authorized, but is not required, to produce electronic and physical copies of the Safe Haven symbol with any of the following features individually or in any combination:

(1) Text reading “SAFE BABY SITE” in all capital letters appearing above the symbol.

(2) A background that is either white or a shade of yellow typically used for traffic warning signs indicating necessity of caution.



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ACT No. 85- - -

HOUSE BILL NO. 249BY REPRESENTATIVE CARMODY

AN ACTTo amend and reenact R.S. 40:1749.18(B)(introductory paragraph) and (4)

and to enact R.S. 40:1749.18(B)(5), relative to underground utilities and facilities damage prevention; to amend the requirements for certification as a regional notification center; to provide for exceptions; to provide for effectiveness; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 40:1749.18(B)(introductory paragraph) and (4) are hereby

amended and reenacted and R.S. 40:1749.18(B)(5) is enacted to read as follows:

§1749.18. Certification of a regional notification center by Department of Public Safety and Corrections

* * *B. For the purposes of promoting cost effectiveness, ease of use, safety,

and the protection of property, workmen, and citizens from damage, injury, and death, Such the rules and regulations shall include but not be limited to requirements that the any regional notification center, that is either certified or that applies for certification pursuant to the provisions of this Chapter, must shall have and maintain the following:

* * *

THE ADVOCATEPAGE 22


(4)(a) Specifically defined geopolitical services areas that are coterminous with parish boundaries and do not overlap any other defined service area.

(b) The provisions of this Paragraph shall apply only to those regional notification centers described in R.S. 40:1749.12(13)(a).

(5) Any other requirements that may be necessary for a regional notification center to properly perform the duties and functions required under this Part.





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ACT No. 86- - -

HOUSE BILL NO. 269BY REPRESENTATIVES GREGORY MILLER AND MIKE JOHNSON

(On Recommendation of the Louisiana State Law Institute)AN ACT

To amend and reenact Civil Code Article 1522 and Code of Civil Procedure Article 3396.9, relative to successions and donations; to provide for separate donations of usufruct and naked ownership; to provide for concurrence of an interdict or unemancipated minor; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. Civil Code Article 1522 is hereby amended and reenacted to

read as follows:Art. 1522. Separate donations of usufruct and naked ownership.The same shall be observed as to the disposition inter vivos or mortis

causa, by which the usufruct is given to one, and the naked ownership to another. A disposition inter vivos or mortis causa by which the usufruct is given to one person and the naked ownership to another is not a prohibited substitution.

Section 2. Code of Civil Procedure Article 3396.9 is hereby amended and reenacted to read as follows:

Art. 3396.9. Unemancipated Interdicted or unemancipated minorA. If a successor whose concurrence is required for independent

administration is an unemancipated minor, the concurrence may be made on his behalf by the administrator of his estate or his natural tutor, as appropriate, without the need for a formal tutorship proceeding and or concurrence of an undertutor.

B. If a successor whose concurrence is required is an interdict, the concurrence may be made on his behalf by the curator without the need for court authorization in the interdiction proceeding or concurrence of the undercurator.



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ACT No. 87- - -

HOUSE BILL NO. 272BY REPRESENTATIVE SMITH

AN ACTTo enact R.S. 42:1123(13)(a)(iii), relative to the acceptance of complimentary

admission by public servants; to allow the acceptance of complimentary admission to certain events held for or by educational institutions and other organizations; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 42:1123(13)(a)(iii) is hereby enacted to read as follows: §1123. ExceptionsThis Part shall not preclude:

* * *(13)(a)

* * *(iii) The acceptance by a public servant of complimentary admission to a

fundraising event held by or for the benefit of an educational institution or by or for the benefit of a nonprofit organization which conducts educational programs.





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ACT No. 88- - -

HOUSE BILL NO. 288BY REPRESENTATIVE GAROFALO

AN ACTTo amend and reenact R.S. 9:5175(C)(1) and (2)(a), relative to bankruptcy

debtors; to provide relative to procedures for releasing judgments against discharged bankruptcy debtors; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 9:5175(C)(1) and (2)(a) are hereby amended and reenacted to

read as follows: §5175. Order of discharge in bankruptcy; effect

* * *C.(1) A judgment debtor may obtain a partial cancellation of the inscription

of a judgment as it affects property not owned by the judgment debtor on the date of his filing a petition under Chapter 7 or Chapter 13 of the United States Bankruptcy Code upon the filing of an affidavit in accordance with this Subsection.

(2) The affidavit shall contain all of the following:(a) A statement that the judgment debtor filed a petition under Chapter 7

or Chapter 13 of the United States Bankruptcy Code.* * *



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ACT No. 89- - -


AN ACTTo enact R.S. 12:1-1443(B)(4), relative to a corporation’s juridical personality

at the time of corporate termination; to provide for the existence of a corporation’s continued juridical personality to dispose of immovable property; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 12:1-1443(B)(4) is hereby enacted to read as follows: §1-1443. Effective date and effects of termination

* * *B. When the existence of the corporation terminates, the corporation’s

juridical personality ends except for purposes of any of the following:* * *

(4) Disposing of immovable property owned by the corporation pursuant to a resolution of the board of directors.



Secretary of State

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ACT No. 90- - -

HOUSE BILL NO. 475BY REPRESENTATIVE HOFFMANN

AN ACTTo amend and reenact R.S. 15:555(A)(17), R.S. 36:3(4), 9(C)(2)(introductory

paragraph), 472(A), and 475, and R.S. 46:236.1.1(13) and to enact R.S. 36:476, relative to the organization of the Department of Children and Family Services; to rename the divisions of the department; to authorize a deputy secretary and assistant secretaries; to provide for an effect date; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 15:555(A)(17) is hereby amended and reenacted to read as

follows:§555. Sexual Assault Task Force; creation; membership; meetingsA. The Louisiana Sexual Assault Task Force is hereby created within the

Department of Justice, office of the attorney general. The task force shall consist of twenty-five members as follows:

* * *(17) The deputy assistant secretary of programs child welfare of the

Department of Children and Family Services, or his designee.* * *

Section 2. R.S. 36:3(4), 9(C)(2)(introductory paragraph), 472(A), and 475 are hereby amended and reenacted and R.S. 36:476 is hereby enacted to read as follows:

§3. Definitions

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For the purposes of this Title the following terms shall have the following meanings unless the context clearly indicates otherwise:

* * *(4) “Deputy secretary” means the officer authorized to be appointed by

the secretary to serve as his principal administrative assistant. For the Department of Public Safety and Corrections, the “deputy secretary for public safety services” and the “deputy secretary for corrections services” shall be the officers of the department appointed by the secretary to serve as the principal administrative assistants of the secretary and references in any provision of law to the deputy secretary, where reference is to a deputy secretary of the Department of Public Safety and Corrections, shall include these two officers. For the Louisiana Workforce Commission, the “deputy executive director” shall mean the officer authorized by the executive director to serve as his principal administrative assistant. For the Department of Children and Family Services, “deputy secretary” means the officers appointed by the secretary to direct and be responsible for the functions of the division of programs and the division of operations within the office of children and family services.

* * *§9. Designation of certain organizational units; uniform terminology

* * *C.

* * *(2) For the Department of Children and Family Services, each

organizational unit which reports to the secretary, which is not an agency and is not within the division of management and finance, the division of programs, child welfare, or the division of operations, family support, shall be in the executive division, and shall be designated as follows:

* * *§472. Officers of the department; compensation for one office onlyA. The officers of the department shall be the secretary, the deputy

secretary, the undersecretary, the deputy secretary of programs assistant secretary of child welfare, and the deputy secretary of operations, assistant secretary of family support, each of whom shall be selected and shall perform functions as provided in this Title.

* * *§475. Deputy secretaries secretaryA. There shall be a deputy secretary of programs and a deputy secretary of

operations, each of whom shall be appointed by the secretary with consent of the Senate and shall serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for the respective position by the legislature while in session. The deputy secretary of programs shall serve as acting secretary in the absence of the secretary.

B. The deputy secretary of programs shall manage the division of programs and perform the duties and functions of the department related to program development and administration and development of rules and policies to govern the various programs of the office of children and family services.

C. The deputy secretary of operations shall manage the division of operations and perform the duties and functions of the department related to the program service delivery for the various programs of the office of children and family services.

The secretary may appoint, with consent of the Senate, a deputy secretary of the department who shall serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for such position by the legislature while in session. The duties and functions of the deputy secretary shall be determined and assigned by the secretary. If appointed, the deputy secretary shall serve as acting secretary in the absence of the secretary.

§476. Assistant secretaries A. There shall be an assistant secretary of child welfare and an assistant

secretary of family support, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session.

B. The assistant secretary of child welfare shall manage the division of child welfare and perform the duties and functions of the division related to program development and administration, program service delivery, and development of rules and policy to govern the various programs of the division.

C. The assistant secretary of family support shall manage the division of family support and perform the duties and functions of the division related to program development and administration, program service delivery, and development of rules and policy to govern the various programs of the division.

Section 3. R.S. 46:236.1.1(13) is hereby amended and reenacted to read as follows:

§236.1.1. Family and child support programs; definitionsFor the purposes of this Subpart, the following items shall mean:

* * *(13) “CSE administrator” means the program executive director of the

child support enforcement section, division of programs, family support, office of children and family services, Department of Children and Family Services.

* * *Section 4. This Act shall become effective on July 1, 2016.



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ACT No. 91- - -

SENATE BILL NO. 432BY SENATORS PETERSON, APPEL, BARROW, BISHOP, BOUDREAUX,

BROWN, CARTER, CLAITOR, COLOMB, MILLS AND MORRELL AND REPRESENTATIVES BAGNERIS, GARY CARTER, JIMMY HARRIS, HILFERTY, LEGER AND MORENO

AN ACTTo amend and reenact R.S. 17:3995(A)(3) and (4)(a)(ii) and (I), and 3999, and to

enact R.S. 17:10.7.1, 100.11(I), and 3995(K), relative to the return of certain schools from the Recovery School District to the transferring school system; to provide for the governance, funding, and status of such schools; to provide for the return of school buildings, facilities, and property; to provide relative to charter contracts and enrollment and discipline policies; to provide relative to testing; to provide for the duties and responsibilities of the local school board, the local school superintendent, the Recovery School District, and the State Board of Elementary and Secondary Education; to provide for an implementation plan and an advisory committee to help develop the plan; to provide for immunity from civil liability for local school board members; to provide with respect to the funding of a charter school acting as its own local education agency; to provide for rules; to provide for effectiveness; to provide for reporting; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 17:3995(A)(3) and (4)(a)(ii) and (I), and 3999 are hereby

amended and reenacted, and R.S. 17:10.7.1, 100.11(I), and 3995(K) are hereby enacted to read as follows:

§10.7.1. Return of certain schools from the Recovery School District to the transferring school system; time line; conditions; funding

A. The provisions of this Section shall be applicable only to a school system from which one or more schools have been transferred to the Recovery School District pursuant to R.S. 17:10.7.

B. To the extent that the provisions of this Section conflict with the provisions of Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950, the provisions of this Section shall prevail.

C.(1) Not later than July 1, 2018, every school transferred to the Recovery School District pursuant to R.S. 17:10.5 or 10.7 shall be returned to the governance, administration, and jurisdiction of the local school system from which the school was transferred.

(2)(a) Each Type 5 charter school returned to the local school system shall be converted to a Type 3B charter school in accordance with the provisions of R.S. 17:3973(2)(b)(vii).

(b) The initial term of the charter for such Type 3B charter school shall be equal to the number of years remaining on the school’s prior Type 5 charter contract.

(c) Each Type 5 charter school returned to the local school system shall remain subject to any active federal consent judgments or settlement agreements as a Type 3B charter school under the jurisdiction of the local school board.

D.(1) All buildings, facilities, and property owned by, or under the control of, the Recovery School District shall be transferred to the local school system at the time the school is returned to the governance, administration, and jurisdiction of the local school system from which the school was transferred. However, any assets acquired by the charter school shall remain the property of the charter school, as provided in R.S. 17:3991(H).

(2) Notwithstanding the provisions of this Subsection, unless otherwise agreed to by the Recovery School District and the local school system, subject to any necessary approval by the appropriate federal agency, the following shall apply:

(a) A school facility under the control of the Recovery School District that is under construction or scheduled to be under construction pursuant to a federal recovery plan, shall remain under the control of the Recovery School District until construction is substantially complete.

(b) The Recovery School District and the state Department of Education shall continue to operate as the federal grant applicant for projects completed by the Recovery School District pursuant to a federal recovery plan and shall retain responsibility for the execution and administration of contractual warranties, grant close-outs, and financing compliance periods for such projects.

(c)(i) The Recovery School District shall return all buildings, facilities, and property related to a school which are owned by, or under the control of, the district to the local school system free of any encumbrances, including liens and judgments, other than those financing transactions to which the local school board is a party.

(ii) The local school board shall have no obligation to reimburse the Recovery School District, the state Department of Education, or the State Board of Elementary and Secondary Education for any maintenance, alterations, or other repairs made to any of the school’s buildings, facilities, or property before the school’s return to the local school system.

(d) The local school board and its individual members shall be immune from civil liability for any damages arising from acts, omissions, or incidents occurring during the time a school returned to the local school system was under the jurisdiction of the Recovery School District.

THE ADVOCATEPAGE 24


(e) The local school board and its individual members shall be immune from any liability or responsibility for any obligation, claim, demand for reimbursement, or other indebtedness asserted by the Federal Emergency Management Agency, the United States Department of Housing and Urban Development, or any other federal or state governmental agency or entity, with respect to construction projects managed by the Recovery School District.

E. Notwithstanding any law to the contrary, in order to support and protect the interests and rights of the children it serves, the local school board:

(1) Shall adopt a policy that establishes a process to determine the district-level funding allocation to be effective beginning July 1, 2017, and as revised in subsequent years as appropriate, based upon student characteristics or needs, as determined by the local school board, to distribute the total amount of minimum foundation program formula funds allocated to the local school board and to Type 1, 1B, 3, 3B, 4, and 5 charter schools that are located within the geographic boundaries of the local school system.

(2) May use local revenues from new or repurposed taxes levied by the board and approved by voters after September 1, 2016, for parish-wide functions or programs specifically approved by the voters.

(3) Shall approve charter operating agreements for all charter schools under the board’s jurisdiction that are limited to provisions which are common to all such charter contracts, unless terms specific to an individual school are authorized pursuant to policies of the board in accordance with applicable state law.

(4) Shall require all charter schools under the board’s jurisdiction to participate in the parish-wide enrollment system and student expulsion process, according to policies established by the board.

(5) May adopt a policy for charter schools under the school board’s jurisdiction that are in good standing in regard to compliance with the board’s parish-wide enrollment system and student expulsion process policies, so that such schools shall be exempted from the minimum enrollment percentages required by R.S. 17:3991.

(6) May provide a lottery preference for enrollment at elementary and middle schools under the board’s jurisdiction for students residing within defined geographic zones as one of the factors to determine student assignment, according to policies adopted by the board. Such preference shall be applied to not more than one-half of the seats available in each grade level to ensure that seats in all schools are accessible to students residing outside of a school’s respective geographic zones. Notwithstanding the provisions of this Subsection, any Type 1 or Type 3 charter school which was first authorized by the board on, or prior to, July 1, 2016, and whose charter contract includes a geographic preference in accordance with R.S. 17:3991, may maintain such preference with the approval of the board, in accordance with board policy adopted for this purpose.

(7) May adopt a policy for cooperatively and annually establishing enrollment projections and targets for every school under the school board’s jurisdiction and requiring enrollment of additional or fewer students throughout the school year as necessary. The policy may consider factors including past trends in enrollment and school performance.

(8) Shall adopt a policy establishing a process which allows the local superintendent to limit the percentage of system enrollment that any single operator of schools or charter governing authority may serve to ensure that a diverse system of schools led by multiple high quality operators exists at all times.

(9) Shall provide for the distribution of deferred local revenues to charter schools under the board’s jurisdiction in any year that such revenues exist. Deferred local revenues shall be defined as the amount of local revenues specified in R.S. 17:3995(A)(1) for distribution to all charter schools under the board’s jurisdiction that vary from the total amount of local revenues distributed to all charter schools pursuant to R.S. 17:3995(A)(3) due to a collection of local revenues that is higher or lower than the amount projected by the board. In the event that actual local revenues are lower than the amount projected, the board may carry forward the amount of any loss, to be recovered from deferred revenues in any future year in which such revenues exceed projections, prior to distribution of such revenues to charter schools.

F. In order to determine quality standards for all schools and intervene appropriately in instances when student needs are not being met, the local superintendent shall:

(1)(a) Present recommendations to the local school board regarding the approval, extension, renewal, or revocation of the charter for any charter school under the board’s jurisdiction.

(b) Unless rejected by a two-thirds vote of the full membership of the board, the local superintendent may implement any such recommendation submitted to the board.

(c) Any action by the board to reject a recommendation made by the local superintendent pursuant to Subparagraph (b) of this Paragraph shall occur no later than the first board meeting held after the meeting during which the recommendation was submitted to the board.

(2) Monitor and require corrective actions by a charter school with respect to compliance with board policy, state law, or terms of the charter contract.

(3) Be authorized to require one or more charter schools under the school board’s jurisdiction to temporarily close, dismiss students, or evacuate in the event that there are credible threats of terror, or an official state of emergency is declared for the area in which any school under the board’s jurisdiction is located.

G. In order to ensure the appropriate level of autonomy to enable educators to successfully prepare students for success in college and career:

(1) Unless mutually agreed to by both the charter school’s governing authority and the local school board pursuant to a duly authorized resolution adopted by each governing entity, the local school board shall not impede the operational autonomy of a charter school under its jurisdiction in the areas of school programming, instruction, curriculum, materials and texts, yearly school calendars and daily schedules, hiring and firing of personnel, employee performance management and evaluation, terms and conditions of employment, teacher or administrator certification, salaries and benefits, retirement, collective bargaining, budgeting, purchasing, procurement, and contracting for services other than capital repairs and facilities construction.

(2) Each Type 3B charter school and, with the approval of the local school board, any other type of charter school under the board’s jurisdiction may act as its own local educational agency for one or more funding purposes or statutory definitions, in accordance with R.S. 17:3995, and rules adopted by the State Board of Elementary and Secondary Education.

(3) Beginning July 1, 2017, each charter school under the local school board’s jurisdiction shall provide for independent test monitoring from a third-party entity approved by the school board for the testing period immediately preceding the board’s consideration of renewal of the charter school’s contract.

H.(1)(a) The local school superintendent shall develop a plan to effect the return of schools from the Recovery School District to the local school board, as provided in this Section.

(b) The local school superintendent, in consultation with the superintendent of the Recovery School District, shall convene an advisory committee to assist in the development of the plan.

(2) The advisory committee shall be subject to the provisions of the Louisiana Open Meetings Law, the Louisiana Public Records Law, and all local school board policy regarding public meetings and public documents.

(3) The advisory committee shall be comprised of thirteen members as follows:(a) The local school superintendent.(b) The superintendent of the Recovery School District.(c) Two members who shall represent Type 5 charter school operators,

appointed by the local school superintendent.(d) Two members who shall represent Type 5 charter school operators,

appointed by the superintendent of the Recovery School District.(e) Two members who shall represent either a Type 1 or Type 3 charter school

operator, appointed by the local school superintendent.(f) One member who shall represent a school directly operated by the local

school board, appointed by the local school superintendent.(g) One member who shall represent an educational advocacy organization,

appointed by the local school superintendent.(h) One member who shall represent an educational advocacy organization,

appointed by the superintendent of the Recovery School District.(i) Two members jointly appointed by the local school superintendent and the

superintendent of the Recovery School District.(4) The local school superintendent shall submit the plan to the local school

board for approval by September 1, 2016. The plan shall include:(a) Consideration of equitable funding for governmental functions deemed

appropriate for the efficient operation of a system of autonomous schools under the jurisdiction of the local school board.

(b) An implementation time line that shall include a detailed list of tasks and benchmarks that are appropriately sequenced to efficiently facilitate the transfer of such functions and related funding from the Recovery School District with respect to the return of schools to the local school system.

(5) After the local school board has approved the plan, the local school superintendent shall convene the advisory committee as often as he deems necessary, but at least on a quarterly basis, until all schools have been returned from the Recovery School District to the local school system.

(6)(a) The local school superintendent shall prepare a written progress report regarding implementation of the approved plan to return schools from the Recovery School District to the local school system not later than December 1, 2016, March 1, 2017, June 1, 2017, September 1, 2017, December 1, 2017, March 1, 2018, and June 1, 2018, and submit the report to the following:

(i) The State Board of Elementary and Secondary Education.(ii) The local school board.(iii) The Recovery School District.(iv) The state Department of Education.(v) The education committees of the Senate and the House of Representatives.(b) A final report shall be prepared and submitted to the entities enumerated

in Subparagraph (a) of this Paragraph not later than August 1, 2018.I.(1) The final transfer of schools from the Recovery School District to the local

school board as provided in this Section may be postponed only by a majority vote of the full membership of the local school board or the full membership of the State Board of Elementary and Secondary Education, and at least one of the following must apply:

(a) The local school board is not financially stable.(b) The local school board lacks a comprehensive expulsion and reentry

program for students.(c) The local school board cannot assure the stability of employee retirement

benefits.(d) The local school board cannot ensure or provide sufficient insurance

coverage.(e) The local school superintendent and the superintendent of the Recovery

School District provide written certification that it is not feasible to meet the time lines, tasks, and benchmarks established in the plan to effect the return of

THE ADVOCATEPAGE 25


schools from the Recovery School District to the jurisdiction of the local school board as provided in Subsection H of this Section.

(f) The advisory committee, by a majority vote of its full membership, officially requests the local school board or the State Board of Elementary and Secondary Education to consider such postponement.

(2) Any action taken by the local school board or the State Board of Elementary and Secondary Education to postpone the final transfer of schools from the Recovery School District to the local school board must occur no later than January 31, 2018, and in no instance shall such postponement extend the final transfer date beyond July 1, 2019.

* * *§100.11. School facilities preservation; certain districts

* * *I.(1) Prior to July 1, 2017, the provisions of this Section shall be implemented

in accordance with a plan or agreement between the school board and the Recovery School District.

(2) Beginning on July 1, 2017, the provisions of this Section shall be implemented in accordance with the plan approved pursuant to R.S. 17:10.7.1.

* * *§3995. Charter school funding

* * *A.(1) * * *(3) Notwithstanding Paragraph (1) of this Subsection and unless otherwise

provided for in the approved minimum foundation program formula:(a) Through June 30, 2016, Type 3B charter schools shall receive funds

according to the district-level allocation formula based on weights for student characteristics or needs used for Type 5 charter schools within the same geographic boundaries as determined by the state board.

(b)(a) Beginning July 1, 2016, for a district with one or more Type 3B charter schools in a parish that contains a municipality with a population of three hundred thousand or more persons according to the latest federal decennial census, the total amount of minimum foundation program formula funds allocated to the local school board and to Type 1, 1B, 3, 3B, 4, and 5 charter schools that are located within the district shall be allocated using a district-level computation based on student characteristics or needs as determined by the state board. The state Department of Education shall facilitate a collaborative process that includes representatives from the Recovery School District, the Louisiana Association of Public Charter Schools, any affected local school board and any organization representing its authorized charter schools, and advocates for students with disabilities in the development of the district-level allocation policy that shall take effect on July 1, 2016.

(b) The local school board shall adopt a policy that establishes a process to determine the district-level funding allocation to be effective beginning July 1, 2017, and as revised in subsequent years as appropriate, based upon student characteristics or needs to distribute the total amount of minimum foundation program formula funds allocated to the local school board and to Type 1, 1B, 3, 3B, 4, and 5 charter schools that are located within the geographic boundaries of the local school system.

(4)(a)(i) * * *

(ii) The state Department of Education may withhold and retain from state funds otherwise allocated to a local public school system through the minimum foundation program formula an amount equal to one quarter of one percent of the fee amount charged to a Type 3B charter school acting as its own local education agency pursuant to Item (i) of this Subparagraph, or a Type 1, 3, or 4 charter school acting as its own education agency pursuant to R.S. 17:10.7.1, for administrative costs incurred by the department for providing financial oversight and monitoring of such charter schools.

* * *I. The local school board shall remain the local education agency for any

Type 1, 3, or 4 charter school, unless the charter school is authorized to act as its own local education agency, pursuant to R.S. 17:10.7.1.

* * *K. The State Board of Elementary and Secondary Education shall promulgate

rules in accordance with the Administrative Procedure Act regarding a charter school acting as its own local education agency, pursuant to R.S. 17:10.7.1. Such rules shall:

(1) Delineate the financial and programmatic obligations of the charter school as related to the receipt of public funds.

(2) Authorize the state superintendent of education to rescind a charter school’s authority to act as its own local education agency if the school fails to meet the financial and programmatic obligations established by the board.

* * *§3999. Application of ChapterA. All charter schools shall be governed by the law in effect on August 15,

2003. Thereafter, if the provisions of this Chapter are amended, all charter schools shall comply with the law as amended within ninety days of its effective date.

B. To the extent that the provisions of this Chapter conflict with the provisions of R.S. 17:10.7.1, the provisions of R.S. 17:10.7.1 shall prevail.

Section 2. This Act shall become effective upon signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and

subsequently approved by the legislature, this Act shall become effective on the day following such approval.



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ACT No. 92- - -

HOUSE BILL NO. 70 BY REPRESENTATIVE TERRY BROWN

AN ACTTo enact R.S. 33:455, relative to mayors’ courts; to establish a mayor’s court

in the village of Creola in Grant Parish; to provide for the territorial jurisdiction of the court; to provide for the powers and authority of the mayor as magistrate of the court and other officers of the court; to provide relative to subject matter jurisdiction of the court; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 33:455 is hereby enacted to read as follows:§455. Mayor’s court, village of Creola; establishment; jurisdictionA. There is hereby created the Mayor’s Court of the Village of Creola,

the territorial jurisdiction of which shall extend throughout the village of Creola in Grant Parish.

B. The general provisions of R.S. 33:441 and 442 shall be applicable to and shall govern and regulate the Mayor’s Court of the Village of Creola, the jurisdiction of the court, and the power and authority of the mayor and other officers of the court.




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ACT No. 93- - -

SENATE BILL NO. 2BY SENATORS PEACOCK, ALARIO, BOUDREAUX, CARTER, CHABERT,

CLAITOR, COLOMB, CORTEZ, FANNIN, HEWITT, JOHNS, LONG, MARTINY, MILKOVICH, MILLS, MIZELL, PERRY, RISER, GARY SMITH, TARVER, THOMPSON, WALSWORTH AND WHITE

AN ACTTo enact R.S. 11:542.2, 883.4, 1145.3, and 1332.1, to authorize payments

funded by state retirement system experience accounts to certain retirees and beneficiaries; to provide qualifications for receipt of such payments; to provide relative to the amount of such payments; to provide for an effective date; and to provide for related matters.


Section 1. R.S. 11:542.2, 883.4, 1145.3, and 1332.1 are hereby enacted to read as follows:

§542.2. Permanent benefit increase; payable July 1, 2016A. Notwithstanding any provision of R.S. 11:542 to the contrary, the board

of trustees of the Louisiana State Employees’ Retirement System may grant a permanent benefit increase, funded exclusively with money from the experience account and payable July 1, 2016, to the following retirees and beneficiaries:

(1) Any retiree, other than a disability retiree, who has attained at least age sixty and who has received a benefit for at least one year.

(2) Any nonretiree beneficiary whose receipt of benefits is not based on the death of a disability retiree, if benefits have been paid to the retiree or the beneficiary or to both combined for at least one year, and if the retiree would have attained age sixty.

(3) Any disability retiree or any nonretiree beneficiary who receives benefits based on the death of a disability retiree, if benefits have been paid to the retiree or beneficiary or to both combined for at least one year.

B. The increase authorized by this Section shall be payable only on the first sixty thousand dollars of a retiree or beneficiary’s benefit and shall be an amount determined by the system’s actuary with the agreement of the legislative auditor’s actuary that is supported by the experience account balance after any credits or debits to the account pursuant to R.S. 11:542 up to a maximum payment of one and one-half percent of the eligible benefit amount.

* * *§883.4. Permanent benefit increase; payable July 1, 2016A. Notwithstanding any provision of R.S. 11:883.1 to the contrary, the board of

trustees of the Teachers’ Retirement System of Louisiana may grant a permanent benefit increase, funded exclusively with money from the experience account and payable July 1, 2016, to the following retirees and beneficiaries:


THE ADVOCATEPAGE 26




B. The increase authorized by this Section shall be payable only on the first sixty thousand dollars of a retiree or beneficiary’s benefit and shall be an amount determined by the system’s actuary with the agreement of the legislative auditor’s actuary that is supported by the experience account balance after any credits or debits to the account pursuant to R.S. 11:883.1 up to a maximum payment of one and one-half percent of the eligible benefit amount.

* * *§1145.3. Cost-of-living adjustment; payable July 1, 2016A. Notwithstanding any provision of R.S. 11:1145.1 to the contrary, the board

of trustees of the Louisiana School Employees’ Retirement System may grant a cost-of-living adjustment, funded exclusively with money from the experience account and payable July 1, 2016, to the following retirees and beneficiaries:




B. The increase authorized by this Section shall be payable only on the first sixty thousand dollars of a retiree or beneficiary’s benefit and shall be an amount determined by the system’s actuary with the agreement of the legislative auditor’s actuary that is supported by the experience account balance after any credits or debits to the account pursuant to R.S. 11:1145.1 up to a maximum payment of two percent of the eligible benefit amount.

* * *§1332.1. Cost-of-living adjustment; payable July 1, 2016A. Notwithstanding any provision of R.S. 11:1332 to the contrary, the board

of trustees of the State Police Retirement System may grant a cost-of-living adjustment, funded exclusively with money from the experience account and payable July 1, 2016, to the following retirees and beneficiaries:


(2) Any nonretiree beneficiary whose receipt of benefits is not based on the death of a disability retiree, if benefits have been paid to the retiree or the beneficiary or to both combined for at least one year and if the retiree would have attained age sixty.


B. The increase authorized by this Section shall be payable only on the first sixty thousand dollars of a retiree or beneficiary’s benefit and shall be an amount determined by the system’s actuary with the agreement of the legislative auditor’s actuary that is supported by the experience account balance after any credits or debits to the account pursuant to R.S. 11:1332 up to a maximum payment of two percent of the eligible benefit amount.

C. Notwithstanding any provision of R.S. 11:1332 to the contrary, the board of trustees of the State Police Retirement System may grant a supplemental cost-of-living adjustment in accordance with R.S. 11:1332(F) to all retirees and beneficiaries who are at least age sixty-five and who retired on or before June 30, 2001, funded exclusively with money from the experience account and payable July 1, 2016.

Section 2. Any cost of this Act not funded by payments made pursuant to the provisions of Section 1 of this Act shall be funded with additional employer contributions in compliance with Article X, Section 29(F) of the Constitution of Louisiana.

Section 3. This Act shall take effect and become operative if and when the Acts which originated as Senate Bill No. 5 and Senate Bill No. 18 of the 2016 Regular Session of the Legislature are enacted and become effective.

Section 4. This Act shall become effective on June 30, 2016; if vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on June 30, 2016, or on the day following such approval by the legislature, whichever is later.



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ACT No. 94- - -

SENATE BILL NO. 5BY SENATOR PEACOCK

AN ACTTo enact R.S. 11:102(B)(3)(e), relative to projected noninvestment-related

administrative expenses for the state retirement systems; to provide for calculation of liabilities; to provide for funding of the liabilities; to provide

for the determination of contributions required to fund the liabilities; to include certain administrative expenses in that determination; to provide for an effective date; and to provide for related matters.


Section 1. R.S. 11:102(B)(3)(e) is hereby enacted to read as follows: §102. Employer contributions; determinations; state systems

* * *B. * * *(3) With respect to each state public retirement system, the actuarially

required employer contribution for each fiscal year, commencing with Fiscal Year 1989-1990, shall be that dollar amount equal to the sum of:

* * *(e) Beginning in the first fiscal year in which the projected aggregate

employer contribution rate, calculated without regard to any changes in the board-approved actuarial valuation rate, will not increase, the projected noninvestment-related administrative expenses for the fiscal year.

* * *Section 2. This Act shall become effective on June 10, 2016; if vetoed by




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ACT No. 95- - -

SENATE BILL NO. 18BY SENATORS PEACOCK, BOUDREAUX,

CORTEZ, LONG, MILKOVICH AND MIZELL AN ACT

To amend and reenact R.S. 11:102(B)(1), (2), (3)(a), (b), (c), and (d), (i), (ii), (iii), and (iv), (4), and (5)(a) and (b), (C), and (D), 102.1(B)(2)(b), (3)(a)(i), (4), (5), and (6) and (C)(2), (3)(a) and (c), (4), (5), and (6), 102.2(B)(2)(a), (3)(a)(i), (4), and (5) and (C)(2), (3)(a) and (c), (4), (5), and (6), 102.3, 542(A), (B), (C), (E), and (F), 883.1(A), (B), (C), (E), and (F), 927(B)(2)(a)(introductory paragraph) and (i) and (b)(i) and (3)(a), 1145.1(A), (B), (C), (D), and (E), and 1332(A), (B), (C), (D), (E), and (F), to enact R.S. 11:23, 102(E) and (F), 102.1(A)(4), (B)(3)(a)(iv), and (D), 102.2(A)(4), (B)(3)(a)(iv), and (D), 102.4, 102.5, 102.6, 542(D) and 883.1(D), and to repeal R.S. 11:102(B)(3)(d)(v), (vi), (vii), and (viii), 542(G), 883.1(G) and (H), 1145.1(F), and 1332(G), to provide for actuarial determinations and application of retirement system funds without allowing, authorizing, or granting benefit improvements; to provide for the determination of required employer contributions and application of investment earnings to certain debts and accounts; to prioritize excess return allocations; to provide for an effective date; and to provide for related matters.


Section 1. R.S. 11:102(B)(1), (2), (3)(a), (b), (c), and (d), (i), (ii), (iii), and (iv), (4), and (5)(a) and (b), (C), and (D), 102.1(B)(2)(b), (3)(a)(i), (4), (5), and (6) and (C)(2), (3)(a) and (c), (4), (5), and (6), 102.2(B)(2)(a), (3)(a)(i), (4), and (5) and (C)(2), (3)(a) and (c), (4), (5), and (6), 102.3, 542(A), (B), (C), (E), and (F), 883.1(A), (B), (C), (E), and (F), 927(B)(2)(a)(introductory paragraph) and (i) and (b)(i) and (3)(a), 1145.1(A), (B), (C), (D), and (E), and 1332(A), (B), (C), (D), (E), and (F) are hereby amended and reenacted and R.S. 11:23, 102(E) and (F), 102.1(A)(4), (B)(3)(a)(iv), and (D), 102.2(A)(4), (B)(3)(a)(iv), and (D), 102.4, 102.5, 102.6, and 542(D), 883.1(D) are hereby enacted to read as follows:

§23. Funded percentage; state systemsExcept as otherwise provided in this Title, “funded percentage” for each state

public retirement system shall mean the valuation assets used to determine the actuarially required contributions pursuant to R.S. 11:102 divided by the accrued liability of the system determined by utilizing the funding method established in R.S. 11:22.

* * *§102. Employer contributions; determination; state systems

* * *B.(1) Except as provided in Subsection C of this Section for the Louisiana

State Employees’ Retirement System and Subsection D of this Section for the Teachers’ Retirement System of Louisiana and except as provided in R.S. 11:102.1, 102.2, 102.3, 102.4, and 102.5 and in Paragraph (5) of this Subsection, for each fiscal year, commencing with Fiscal Year 1989-1990, for each of the public retirement systems referenced in Subsection A of this Section, the legislature shall set the required employer contribution rate for each system or plan equal to the actuarially required employer contribution, as determined under Paragraph (3) of this Subsection pursuant to the provisions of this Section, divided by the total projected payroll of all active members of each particular system or plan for the fiscal year. Each entity funding a portion of a member’s salary shall also fund the employer’s contribution on that portion of the member’s salary at the employer contribution rate specified in this Subsection Section.

(2)(a) At the end of each fiscal year, the difference between the actuarially required employer contribution for the fiscal year, as determined under Paragraph (3) of this Subsection or pursuant to Subsection C of this Section

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for the Louisiana State Employees’ Retirement System or Subsection D pursuant to the provisions of this Section for the Teachers’ Retirement System of Louisiana, and the amount of employer contributions actually received for the fiscal year, excluding any amounts received for the extraordinary purchase of additional benefits or service, shall be determined.

(b) If the amount of employer contributions received for the fiscal year is less than the actuarially required employer contribution for the fiscal year, due to the failure of the legislature to appropriate funds at the required employer contribution rate, the difference shall be paid by the state treasurer from the state general fund upon warrant from the governing authority of the retirement system.

(c) At the end of each fiscal year, the difference between the minimum employer contribution, as required by the Constitution of Louisiana, and the actuarially required employer contribution for the fiscal year, as determined under Paragraph (3) of this Subsection or pursuant to Subsection C of this Section for the Louisiana State Employees’ Retirement System or Subsection D pursuant to the provisions of this Section for the Teachers’ Retirement System of Louisiana, shall be determined and applied in accordance with the following provisions:

(i) The amount, if any, by which the actuarially required contribution for a system exceeds the constitutionally required minimum contribution for that system shall be accumulated in an employer credit account which shall be adjusted annually to reflect any gain or loss attributable to the balance in the account at the actuarial rate of return earned by the system.

(ii) Except as provided in Paragraph (5) of this Subsection, annual contributions required in accordance with this Subsection Section, or the constitutional minimum if greater, may be funded in whole or in part from the employer credit account, provided the employee contribution rate or rates for the system as set forth in R.S. 11:62 has or have been reduced to an amount equal to or less than fifty percent of the annual normal cost for the system or the plan as provided in Subsection C or D of this Section, rounded to the nearest one-quarter percent.

(iii) For purposes of implementing Act No. 1331 of the 1999 Regular Session of the Legislature, the balance of the Employer Credit Account applicable to the Louisiana School Employees’ Retirement System as of June 30, 1999, shall be fifty-six million seven hundred fifty-four thousand four hundred five dollars.

(d) Except as provided in R.S. 11:102.1 and 102.2, differences occurring for any other reason shall be added to or subtracted from the following fiscal year’s actuarially required employer contribution in accordance with Subparagraph (3)(c) of this Subsection or with Subsection C of this Section for the Louisiana State Employees’ Retirement System or Subsection D the provisions of this Section for the Teachers’ Retirement System of Louisiana.

(3) With respect to each state public retirement system, the actuarially required employer contribution for each fiscal year, commencing with Fiscal Year 1989-1990, shall be that dollar amount equal to the sum of:

(a) The employer’s normal cost for that fiscal year, computed as of the first of the fiscal year using the system’s actuarial funding method as specified in R.S. 11:22 and taking into account the value of future accumulated employee contributions and interest thereon, such employer’s normal cost rate multiplied by the total projected payroll for all active members to the middle of that fiscal year. For the Louisiana State Employees’ Retirement System, effective for the June 30, 2010, 2010 system valuation and beginning with Fiscal Year 2011-2012, the normal cost shall be determined in accordance with Subsection C of this Section. For the Teachers’ Retirement System of Louisiana, effective for the June 30, 2011, 2011 system valuation and beginning with Fiscal Year 2012-2013, the normal cost shall be determined in accordance with Subsection D of this Section.

(b) That fiscal year’s payment, computed as of the first of that fiscal year and projected to the middle of that fiscal year at the actuarially-assumed actuarially assumed interest rate, taking into account consolidation with other amortization bases, if any, as provided in R.S. 11:42, 102.1, and 102.2, and using the system’s amortization method specified in R.S. 11:42, necessary to amortize the unfunded accrued liability as of June 30, 1988, such unfunded accrued liability computed using the system’s actuarial funding method as specified in R.S. 11:22.

(c) Except as provided in R.S. 11:102.1 and 102.2, that fiscal year’s payment, computed as of the first of that fiscal year and projected to the middle of that fiscal year at the actuarially-assumed actuarially assumed interest rate, necessary to amortize the prior year’s over or underpayment as a level dollar amount over a period of five years.

(d) That fiscal year’s payment, computed as of the first of that fiscal year and projected to the middle of that fiscal year at the actuarially assumed interest rate, necessary to amortize changes in actuarial liability due to:

(i) Except as provided in Items (v), (vi), (vii), and (viii) of this Subparagraph, actuarial Actuarial gains and losses, if appropriate for the funding method used by the system as specified in R.S. 11:22, for each fiscal year beginning after June 30, 1988, such payments to be computed as an amount forming an annuity increasing at four and one-half percent annually over the later of a period of fifteen years from the year of occurrence or by the year 2029, such gains and losses to include any increases in actuarial liability due to governing authority granted cost-of-living increases provided in Subsection C, D, E, or F of this Section.

(ii) Except as provided in Items (v), (vi), (vii), and (viii) of this Subparagraph, changes Changes in the method of valuing of assets, such payments to be computed as an amount forming an annuity increasing at four and one-half

percent annually over the later of a period of fifteen years from the year of occurrence of the change or by the year 2029 provided in Subsection C, D, E, or F of this Section.

(iii) Except as provided in Items (v), (vi), (vii), and (viii) of this Subparagraph, changes Changes in actuarial assumptions or actuarial funding methods, excluding changes in methods of valuing of assets, such payments to be computed as an amount forming an annuity increasing at four and one-half percent annually over the later of a period of thirty years from the year of occurrence of the change or by the year 2029 provided in Subsection C, D, E, or F of this Section.

(iv) Except as provided in Items (v), (vi), (vii), and (viii) of this Subparagraph, changes Changes in actuarial accrued liability, computed using the actuarial funding method as specified in R.S. 11:22, due to legislation changing plan provisions, such payments to be computed in the manner and over the time period specified in the legislation creating the change or, if not specified in such legislation, as an amount forming an annuity increasing at four and one-half percent annually over the later of a period of fifteen years from the year of occurrence of the change or by the year 2029 provided in Subsection C, D, E, or F of this Section.

(4) At the end of the fiscal year during which the assets of a system, excluding the outstanding balance due to Subparagraph (B)(3)(c) of this Section, exceed the actuarial accrued liability of that system, the amortization schedules contained in calculated pursuant to Subparagraphs (B)(3)(b) and (d) or in and Subsection C, D, E, or F of this Section for the Louisiana State Employees’ Retirement System or Subsection D of this Section for the Teachers’ Retirement System of Louisiana shall be fully liquidated and assets in excess of the actuarial accrued liability shall be amortized as a credit in accordance with the provisions of Subparagraph (B)(3)(d) and Subsection C, D, E, or F of this Section.

(5)(a) Notwithstanding the provisions any other provision of this Section to the contrary, the gross employer contribution rate for the Louisiana State Employees’ Retirement System and the Teachers’ Retirement System of Louisiana shall not be less than fifteen and one-half percent per year until such time as the unfunded accrued liability that existed on June 30, 2004, is fully funded.

(b) At the end of each fiscal year, the difference, if any, by which the amount of contributions received from payment of all employer contributions at the fixed minimum employer contribution rate established pursuant to this Paragraph exceeds the greater of the minimum employer contribution required by Article X, Section 29 of the Constitution of Louisiana or the statutory minimum employer contribution calculated according to the methodology provided for in Items (3)(d)(i) through (iv) Subparagraph (3)(d) of this Subsection or in Paragraph (C)(4) Subsection C or D of this Section for the Louisiana State Employees’ Retirement System or Paragraph (D)(4) of this Section for the Teachers’ Retirement System of Louisiana shall be accumulated in an employer credit account for the respective system.

* * *C.(1) This The provisions of this Subsection shall apply to the Louisiana State

Employees’ Retirement System.(2)(a) Except as provided in Subparagraph (b) of this Paragraph and in R.S.

11:102.5, effective July 1, 2004, and beginning with Fiscal Year 1998-1999, the amortization period for the changes, gains, or losses of the system provided in Items (B)(3)(d)(i) through (iv) of this Section shall be thirty years from the year in which the change, gain, or loss occurred. The outstanding balances of amortization bases established pursuant to Items (B)(3)(d)(i) through (iv) of this Section before Fiscal Year 1998-1999, shall be amortized as a level-dollar amount from July 1, 2004, through June 30, 2029. Beginning with Fiscal Year 2003-2004, and for each fiscal year thereafter, the outstanding balances of amortization bases established pursuant to Items (B)(3)(d)(i) through (iv) of this Section shall be amortized as a level-dollar amount. Effective for the June 30, 2010 system valuation and beginning with Fiscal Year 2011-2012, amortization payments for changes in actuarial liability shall be determined in accordance with this Subsection.

(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, effective for the June thirtieth valuation following the fiscal year in which the system first attains a funded percentage of seventy or more pursuant to R.S. 11:542 and for every year thereafter, the amortization period for the changes, gains, or losses of the system provided in Items (B)(3)(d)(i) through (iv) of this Section occurring in that year or thereafter shall be twenty years from the year in which the change, gain, or loss occurred.

(c) Effective for the first system valuation following June 30, 2015, in which an allocation is made to the system’s experience account and for each valuation thereafter, actuarial gains allocated to the experience account shall be amortized as a loss with level payments over a ten-year period.

(3) The provisions of this Paragraph and Paragraphs (4) through (9) of this Subsection shall be applicable to the Louisiana State Employees’ Retirement System effective for the June 30, 2010, 2010 system valuation and beginning Fiscal Year 2011-2012. For purposes of this Subsection, “plan” or “plans” shall mean a subgroup within the system characterized by the following employee classifications:

(a) Rank-and-file members of the system.(b) Full-time law enforcement personnel, supervisors, or administrators

who are employed with the Department of Revenue or office of alcohol and tobacco control and who are P.O.S.T. certified, have the power to arrest, and hold a commission from such office.

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(c) Peace officers, as defined by R.S. 40:2402(3)(a), employed by the Department of Public Safety and Corrections, office of state police, other than state troopers.

(d) Judges and court officers to whom Subpart A of Part VII of Chapter 1 of Subtitle II of this Title is applicable.

(e) Wildlife agents to whom Subpart B of Part VII of Chapter 1 of Subtitle II of this Title is applicable.

(f) Wardens, correctional officers, probation and parole officers, and security personnel employed by the Department of Public Safety and Corrections who are members of the secondary component pursuant to Subpart C of Part VII of Chapter 1 of Subtitle II of this Title.

(g) Correctional officers, probation and parole officers, and security personnel employed by the Department of Public Safety and Corrections who are members of the primary component.

(h) Legislators, the governor, and the lieutenant governor.(i) Employees of the bridge police section of the Crescent City Connection

Division of the Department of Transportation and Development.(j) Hazardous duty plan members as provided pursuant to R.S. 11:611 et

seq.(k) Judges as provided pursuant to R.S. 11:62(5)(a)(iii) and 444(A)(1)(a)(ii).(l) Harbor Police Retirement Plan members as provided pursuant to R.S.

11:631.(m) Any other specialty retirement plan provided for a subgroup of system

members. If the legislation enacting such a plan is silent as to the application of this Subsection, the Public Retirement Systems’ Actuarial Committee shall provide for the application to such plan.

(2)(4) For the Louisiana State Employees’ Retirement System, effective Effective for the June 30, 2010, 2010 system valuation and beginning with Fiscal Year 2011-2012, the normal cost calculated pursuant to Subparagraph (B)(3)(a) of this Section, shall be calculated separately for each particular plan within the system. An employer shall pay employer contributions for each employee at the rate applicable to the plan of which that employee is a member.

(3)(5) For the Louisiana State Employees’ Retirement System, effective Effective for the June 30, 2010, 2010 system valuation and beginning with Fiscal Year 2011-2012, changes in actuarial liability due to legislation, changes in governmental organization, or reclassification of employees or positions shall be calculated individually for each particular plan within the system based on each plan’s actuarial experience as further provided in Subparagraph (4)(c) (6)(c) of this Subsection.

(4)(6) For each plan referenced in Paragraph (1) (3) of this Subsection, the legislature shall set the required employer contribution rate equal to the sum of the following:

(a) The particularized normal cost rate. The normal cost rate for each fiscal year shall be the employer’s normal cost for the plan computed by applying the method specified in R.S. 11:102(B)(1) and (3)(a) to the plan.

(b) The shared unfunded accrued liability rate. (i) Except as provided in Item (ii) of this Subparagraph, a single rate shall be computed for each fiscal year, applicable to all plans for actuarial changes, gains, and losses existing on June 30, 2010, or occurring thereafter, including experience and investment gains and losses, which are independent of the existence of the plans listed in Paragraph (1) (3) of this Subsection, the payment and rate therefor shall be calculated as provided in this Subsection and Paragraphs (B)(1) and (3) of this Section.

(ii) The shared unfunded accrued liability rate applicable to the Harbor Police Retirement System shall not include any unfunded accrued liability incurred on or before July 1, 2015, until the earlier of:

(aa) July 1, 2022.(bb) The date that all sums payable by the Port of New Orleans to the board

of trustees of the Louisiana State Employees’ Retirement System pursuant to the terms and conditions of a cooperative endeavor agreement between the board of trustees of the Louisiana State Employees’ Retirement System, the board of commissioners of the Port of New Orleans, and the board of trustees of the Harbor Police Retirement System regarding the merger of the Harbor Police Retirement System into the Louisiana State Employees’ Retirement System have been paid in full.

(c) The particularized unfunded accrued liability rate. For actuarial changes, gains, and losses, excluding experience and investment gains and losses, first recognized in the June 30, 2010, 2010 valuation or in any later valuation, attributable to one or more, but not all, plans listed in Paragraph (1) (3) of this Subsection or to some new plan or plans, created, implemented, or enacted after July 1, 2010, a particularized contribution rate shall be calculated as provided in this Subsection and Paragraphs (B)(1) and (3) of this Section.

(d) The shared gross employer contribution rate difference. The gross employer contribution rate difference shall be the difference between the minimum gross employer contribution rate provided in Paragraph (B)(5) of this Section and the aggregate employer contribution rate calculated pursuant to the provisions of Subsection B of this Section.

(5)(7) Each entity funding a portion of the member’s salary shall also fund the employer’s contribution on that portion of the member’s salary at the employer contribution rate specified in this Subsection.

(6)(8) For purposes of Paragraph (B)(2) of this Section the actuarially required employer contributions and the employer contributions actually received for all plans shall be totaled and treated as a single contribution.

(7)(9) If provisions of this Section cover matters not specifically addressed by the provisions of this Subsection, then those provisions shall be applicable.

D.(1) This The provisions of this Subsection shall apply to the Teachers’ Retirement System of Louisiana.

(2)(a) Except as provided in Subparagraph (b) of this Paragraph and in R.S. 11:102.5, effective July 1, 2004, and beginning with Fiscal Year 2000-2001, the amortization period for the changes, gains, or losses of the system provided in Items (B)(3)(d)(i) through (iv) of this Section shall be thirty years from the year in which the change, gain, or loss occurred. The outstanding balances of amortization bases established pursuant to Items (B)(3)(d)(i) through (iv) of this Section before Fiscal Year 2000-2001, shall be amortized as a level-dollar amount from July 1, 2004, through June 30, 2029. Beginning with Fiscal Year 2003-2004, and for each fiscal year thereafter, the outstanding balances of amortization bases established pursuant to Items (B)(3)(d)(i) through (iv) of this Section shall be amortized as a level-dollar amount. Effective for the June 30, 2011 system valuation and beginning with Fiscal Year 2012-2013, amortization payments for changes in actuarial liability shall be determined in accordance with this Subsection.

(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, effective for the June thirtieth valuation following the fiscal year in which the system first attains a funded percentage of seventy or more pursuant to R.S. 11:883.1 and for every year thereafter, the amortization period for the changes, gains, or losses of the system provided in Items (B)(3)(d)(i) through (iv) of this Section occurring in that year or thereafter shall be twenty years from the year in which the change, gain, or loss occurred.

(c) Effective for the first system valuation following June 30, 2015, in which an allocation is made to the system’s experience account and for each valuation thereafter, actuarial gains allocated to the experience account shall be amortized as a loss with level payments over a ten-year period.

(3) The provisions of this Paragraph and Paragraphs (4) through (9) of this Subsection shall be applicable to the Teachers’ Retirement System of Louisiana effective for the June 30, 2011, 2011 system valuation and beginning Fiscal Year 2012-2013. For purposes of this Subsection, “plan” or “plans” shall mean a subgroup within the system characterized by the following employee classifications:

(a) School lunch Plan A.(b) School lunch Plan B.(c) Employees of an institution of postsecondary education, the Board

of Regents, or a postsecondary education management board who are not employed for the sole purpose of providing instruction or administrative services at the primary or secondary level, including at any lab school and the Louisiana School for Math, Science, and the Arts.

(d)(b) Any other specialty retirement plan provided for a subgroup of system members. If the legislation enacting such a plan is silent as to the application of this Subsection, the Public Retirement Systems’ Actuarial Committee shall provide for the application to such plan.

(e)(c) All other teachers, as defined in R.S. 11:701(33), including members paid from school food service funds as provided in R.S. 11:801 and 811.

(2)(4) For the Teachers’ Retirement System of Louisiana, effective Effective for the June 30, 2011, 2011 system valuation and beginning with Fiscal Year 2012-2013, the normal cost calculated pursuant to Subparagraph (B)(3)(a) of this Section, shall be calculated separately for each particular plan within the system. An employer shall pay employer contributions for each employee at the rate applicable to the plan of which that employee is a member.

(3)(5) For the Teachers’ Retirement System of Louisiana, effective Effective for the June 30, 2011, 2011 system valuation and beginning with Fiscal Year 2012-2013, changes in actuarial liability due to legislation, changes in governmental organization, or reclassification of employees or positions shall be calculated individually for each particular plan within the system based on each plan’s actuarial experience as further provided in Subparagraph (4)(c) (6)(c) of this Subsection.

(4)(6) For each plan referenced in Paragraph (1) (3) of this Subsection, the legislature shall set the required employer contribution rate equal to the sum of the following:

(a) The particularized normal cost rate. The normal cost rate for each fiscal year shall be the employer’s normal cost for employees in the plan computed by applying the method specified in Paragraph (B)(1) and Subparagraph (B)(3)(a) of this Section to the plan.

(b) The shared unfunded accrued liability rate. A single rate shall be computed for each fiscal year, applicable to all plans for actuarial changes, gains, and losses existing on June 30, 2011, or occurring thereafter, including experience and investment gains and losses, which are independent of the existence of the plans listed in Paragraph (1) (3) of this Subsection, the payment and rate therefor shall be calculated as provided in this Subsection and Paragraphs (B)(1) and (3) of this Section.

(c) The particularized unfunded accrued liability rate. For actuarial changes, gains, and losses, excluding experience and investment gains and losses, first recognized in the June 30, 2011, 2011 valuation or in any later valuation, attributable to one or more, but not all, plans listed in Paragraph (1) (3) of this Subsection or to some new plan or plans, created, implemented, or enacted after July 1, 2011, a particularized contribution rate shall be calculated as provided in this Subsection and Paragraphs (B)(1) and (3) of this Section.

(d) The shared gross employer contribution rate difference. The gross employer contribution rate difference shall be the difference between

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the minimum gross employer contribution rate provided in Paragraph (B)(5) of this Section and the aggregate employer contribution rate calculated pursuant to the provisions of Subsection B of this Section.

(5)(7) Each entity funding a portion of the member’s salary shall also fund the employer’s contribution on that portion of the member’s salary at the employer contribution rate specified in this Subsection.

(6)(8) For purposes of Paragraph (B)(2) of this Section the actuarially required employer contributions and the employer contributions actually received for all plans shall be totaled and treated as a single contribution.

(7)(9) If provisions of this Section cover matters not specifically addressed by the provisions of this Subsection, then those provisions shall be applicable.

E.(1) Except as provided in Paragraphs (2) and (3) of this Subsection and in R.S. 11:102.5, effective July 1, 2004, and beginning with Fiscal Year 2000-2001, the amortization period for the changes, gains, or losses of the Louisiana School Employees’ Retirement System provided in Items (B)(3)(d)(i) through (iv) of this Section shall be thirty years from the year in which the change, gain, or loss occurred. The outstanding balances of amortization bases established pursuant to Items (B)(3)(d)(i) through (iv) of this Section before Fiscal Year 2000-2001, shall be amortized as a level-dollar amount from July 1, 2004, through June 30, 2029. Beginning with Fiscal Year 2003-2004, and for each fiscal year thereafter, the outstanding balances of amortization bases established pursuant to Items (B)(3)(d)(i) through (iv) of this Section shall be amortized as a level-dollar amount.

(2)(a) All outstanding amortization bases in existence on June 30, 2014, including outstanding balances established pursuant to Subparagraph (B)(3)(c) of this Section, shall be consolidated and reamortized over the period ending June 30, 2044, with level-dollar payments, effective with the June 30, 2014 valuation. This Paragraph shall not apply to amortization bases established after June 30, 2014.

(b) After payment of a permanent benefit increase pursuant to the provisions of R.S. 11:1145.1, the unused portion of the June 30, 2013 experience account balance shall be credited in an amortization conversion account from which annual contributions required pursuant to Subparagraph (a) of this Paragraph shall be funded in whole or in part for the years July 1, 2014, through June 30, 2019. Effective June 30, 2019, all funds remaining in the amortization conversion account shall be amortized as a gain in accordance with the provisions of this Subsection.

(3) Notwithstanding the provisions of Paragraph (1) of this Subsection, effective for the June thirtieth valuation following the fiscal year in which the system first attains a funded percentage of seventy-two or more pursuant to R.S. 11:1145.1 and for every year thereafter, the amortization period for the changes, gains, or losses of the system provided in Items (B)(3)(d)(i) through (iv) of this Section occurring in that year or thereafter shall be twenty years from the year in which the change, gain, or loss occurred.

(4) Effective for the first system valuation following June 30, 2015, in which an allocation is made to the system’s experience account and for each valuation thereafter, actuarial gains allocated to the experience account shall be amortized as a loss with level payments over a ten-year period.

F.(1) Except as provided in Paragraph (2) of this Subsection and in R.S. 11:102.5, effective July 1, 2009, and beginning with Fiscal Year 1992-1993, the amortization period for the changes, gains, or losses of the Louisiana State Police Retirement System provided in Items (B)(3)(d)(i) through (iv) of this Section shall be thirty years from the year in which the change, gain, or loss occurred. The outstanding balances of amortization bases established pursuant to Items (B)(3)(d)(i) through (iv) of this Section before Fiscal Year 2008-2009 shall be amortized as a level-dollar amount from July 1, 2009, through June 30, 2029. Beginning with Fiscal Year 2008-2009, and for each fiscal year thereafter, the outstanding balances of amortization bases established pursuant to Items (B)(3)(d)(i) through (iv) of this Section shall be amortized as a level-dollar amount.

(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, effective for the June thirtieth valuation following the fiscal year in which the system first attains a funded percentage of seventy or more pursuant to R.S. 11:1332 and for every year thereafter, the amortization period for the changes, gains, or losses of the system provided in Items (B)(3)(d)(i) through (iv) of this Section occurring in that year or thereafter shall be twenty years from the year in which the change, gain, or loss occurred.

(3) Effective for the first system valuation following June 30, 2015, in which an allocation is made to the system’s experience account and for each valuation thereafter, actuarial gains allocated to the experience account shall be amortized as a loss with level payments over a ten-year period.

§102.1. Consolidation of amortization Amortization payment schedules; priority excess return allocations; Louisiana State Employees’ Retirement System

A. * * *(4) For purposes of this Section, the following shall apply:(a) “Primary priority amount” shall mean the maximum amount of system

returns in excess of the system’s actuarially assumed rate of return that may be applied to the original amortization base, regardless of whether actual returns that equal or exceed the maximum are available, and shall equal:

(i) For the June 30, 2015 valuation, fifty million dollars.(ii) For each valuation thereafter, the prior year’s primary priority amount

increased by the percentage increase in the system’s actuarial value of assets for the prior year, if any.

(b) “Primary allocation” shall mean the actual returns available for application to the original amortization base.

(c) “Secondary priority amount” shall mean the maximum amount of system returns in excess of the system’s actuarially assumed rate of return that may be applied to the experience account amortization base, regardless of whether actual returns that equal or exceed the maximum are available, and shall equal:

(i) For the June 30, 2015 valuation, fifty million dollars.(ii) For each valuation thereafter, before the original amortization base

is liquidated, the prior year’s secondary priority amount increased by the percentage increase in the system’s actuarial value of assets for the prior year, if any.

(iii) For the valuation in which the original amortization base is liquidated, that year’s secondary priority amount calculated pursuant to Item (ii) of this Subparagraph plus any money from that year’s primary priority amount remaining after liquidation of the original amortization base.

(iv) For the first valuation after the original amortization base is liquidated, the portion of the prior year’s primary priority amount that was necessary to liquidate the original amortization base plus the prior year’s secondary priority amount, both increased by the percentage increase in the system’s actuarial value of assets for the prior year, if any.

(v) For the second valuation after the original amortization base is liquidated and for each valuation thereafter, the prior year’s secondary priority amount increased by the percentage increase in the system’s actuarial value of assets for the prior year, if any.

(d) “Secondary allocation” shall mean the actual returns available for application to the experience account amortization base.

(e) “Residual priority amount” shall mean the maximum amount of system returns in excess of the system’s actuarially assumed rate of return that may be applied to the oldest outstanding positive amortization base after liquidation of the experience account amortization base, regardless of whether actual returns that equal or exceed the maximum are available, and shall equal:

(i) For the valuation in which the experience account amortization base is liquidated, the money from that year’s secondary allocation remaining after liquidation of the experience account amortization base, if any.

(ii) For the first valuation after the experience account amortization base is liquidated, the prior year’s secondary priority amount, increased by the percentage increase in the system’s actuarial value of assets for the prior year, if any.

(iii) For the second valuation after the experience account amortization base is liquidated and for each valuation thereafter, the prior year’s residual priority amount increased by the percentage increase in the system’s actuarial value of assets for the prior year, if any.

(f) “Residual allocation” shall mean the actual returns available for application to the oldest outstanding positive amortization base after liquidation of the experience account amortization base.

(g) In no event shall the total of one year’s priority amounts be less than the total of the previous year’s priority amounts.

(h) Notwithstanding the provisions of Subparagraph (i) of this Paragraph, effective for the June thirtieth valuation following the fiscal year in which the system first attains a funded percentage of eighty or more pursuant to R.S. 11:542 and for each valuation thereafter, the net remaining liability of the amortization base to which the funds are applied shall be reamortized with annual level-dollar payments calculated as provided in R.S. 11:102 over the remainder of the amortization period originally established for that amortization base.

(i) Beginning with Fiscal Year 2019-2020 and every fifth fiscal year thereafter, the remaining liability net of all payments made since the last reamortization shall be reamortized over the remainder of the amortization period originally established for that amortization base with annual payments calculated as provided for in this Section.

(j) Except as provided in Subparagraphs (h) and (i) of this Paragraph and in Item (B)(3)(a)(iv) of this Section, the net remaining liability of the amortization base to which the funds are applied shall not be reamortized after such application.

B. Original amortization base.* * *

(2)(a) * * *(b) The balance in this account as of June 30, 2008, exclusive of any

subaccount balance, shall be credited with interest at the system’s actuarially-assumed actuarially assumed interest rate until the funds in the account are applied as provided in this Subsection.

(3)(a) This consolidated amortization base shall be known as the “original amortization base” and shall be amortized with annual payments calculated as follows:

(i) For Fiscal Year 2010-2011, the projected payment shall be the amount specified in the June 30, 2009 system valuation adopted by the Public Retirement Systems’ Actuarial Committee pursuant to R.S. 11:127. The actuarially-required actuarially required contribution shall be determined in accordance with the provisions of R.S. 11:102 in the June 30, 2010 system valuation adopted by the committee.

* * *(iv) Notwithstanding any provision of this Section to the contrary, the net

remaining liability shall be reamortized over the remainder of the amortization period ending in 2029 in the first valuation after Fiscal Year 2019-2020 for which this reamortization results in annual level-dollar payments that do not exceed the payment otherwise required for that year’s valuation.

* * *(4)(a) Except as provided in Paragraph (6) of this Subsection, in any year

in which the system exceeds its actuarially-assumed actuarially assumed

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rate of return, the excess returns, up to the first fifty million for the June 30, 2015, valuation, the primary allocation shall be applied to the remaining balance of the original amortization base established in this Subsection. The maximum amount of excess returns to be applied in any subsequent year pursuant to the provisions of this Subparagraph shall equal the prior year’s maximum amount increased by the percentage increase in the system’s actuarial value of assets for the preceding year, if any.

(b) For any payment made pursuant to the provisions of this Paragraph, if the system is eighty-five percent funded or greater prior to the application of the funds, the net remaining liability shall be reamortized over the remaining amortization period with annual payments calculated as provided in this Subsection or as otherwise provided by law; if the system is less than eighty-five percent funded prior to application of the funds, the net remaining liability shall not be reamortized after such application.

(5) Notwithstanding the provisions of R.S. 11:102(B)(3)(c) and (5) or any other provision of law to the contrary, in any year through Fiscal Year 2016-2017 in which the system receives an overpayment of employer contributions as determined pursuant to R.S. 11:102(B)(2) and in any year through Fiscal Year 2016-2017 in which the system receives additional contributions pursuant to R.S. 11:102(B)(5), the amount of such overpayment or additional contribution shall be applied to the remaining balance of the original amortization base established pursuant to this Subsection. For any payment made pursuant to the provisions of this Paragraph, if the system is eighty-five percent funded or greater prior to the application of the funds, the net remaining liability shall be reamortized over the remaining amortization period with annual payments calculated as provided in this Subsection or as otherwise provided by law; if the system is less than eighty-five percent funded prior to application of the funds, the net remaining liability shall not be reamortized after such application.

(6) For the June 30, 2014, 2014 valuation, if the system exceeds its actuarially-assumed actuarially assumed rate of return, the excess returns, up to the first twenty-five million dollars, shall be applied to the remaining balance of the original amortization base established in this Subsection, without reamortization of such base.

C. Experience account amortization base.* * *

(2) To this shall be applied the balance in the experience account or the balance in the subaccount of the Texaco Account created pursuant to R.S. 11:542(A)(1)(b)(iii).

(3) This consolidated amortization base shall be known as the “experience account amortization base” and shall be amortized with annual payments over a thirty-year period beginning in Fiscal Year 2010-2011 as follows:

(a) For Fiscal Year 2010-2011, the projected payment shall be the amount specified in the June 30, 2009 system valuation adopted by the Public Retirement Systems’ Actuarial Committee pursuant to R.S. 11:127. The actuarially-required actuarially required contribution shall be determined in accordance with the provisions of R.S. 11:102 in the June 30, 2010 system valuation adopted by the committee.

* * *(c) Beginning in Fiscal Year 2018-2019, the outstanding balance shall be

amortized over the remaining period with annual level dollar level-dollar payments.

(4)(a) Except as provided in Paragraph (6) of this Subsection, in any year before the liquidation of the original amortization base in which the excess returns of the system exceed the primary priority amount applied to the Original Amortization Base pursuant to Subparagraph (B)(4)(a) of this Section, the remaining excess returns, up to the next fifty million dollars for the June 30, 2015, valuation, the secondary allocation shall be applied to the experience account amortization base established in this Subsection. The maximum amount of excess returns to be applied in any subsequent year pursuant to the provisions of this Subparagraph shall equal the prior year’s maximum amount increased by the percentage increase in the system’s actuarial value of assets for the preceding year, if any. In the year in which the original amortization base is liquidated and for each year thereafter until the experience account amortization base is liquidated, the secondary allocation shall be applied to the experience account amortization base.


(5) Notwithstanding the provisions of R.S. 11:102(B)(3)(c) and (5) or any other provision of law to the contrary, in any year from Fiscal Year 2017-2018 through Fiscal Year 2039-2040 in which the system receives an overpayment of employer contributions as determined pursuant to R.S. 11:102(B)(2) and in any year from Fiscal Year 2017-2018 through Fiscal Year 2039-2040 in which the system receives additional contributions pursuant to R.S. 11:102(B)(5), the amount of such overpayment or additional contribution shall be applied to the remaining balance of the experience account amortization base established pursuant to this Subsection. For any payment made pursuant to the provisions of this Paragraph, if the system is eighty-five percent funded or greater prior to the application of the funds, the net remaining liability shall be reamortized over the remaining amortization period with annual payments calculated as provided in this Subsection or as otherwise

provided by law; if the system is less than eighty-five percent funded prior to application of the funds, the net remaining liability shall not be reamortized after such application.

(6) For the June 30, 2014, 2014 valuation, if the excess returns of the system exceed the amount applied to the original amortization base pursuant to Subparagraph Paragraph (B)(6) of this Section, the remaining excess returns, up to the next twenty-five million dollars, shall be applied to the remaining balance of the experience account amortization base established in this Subsection, without reamortization of such base.

D.(1) If both the original amortization base and the experience account amortization base have been liquidated, the residual allocation shall be applied to the system’s oldest outstanding positive amortization base, excluding any liability established pursuant to R.S. 11:102(B)(2)(a) or (3)(c) or (C)(6)(c) until all such bases are completely liquidated. After the final base is completely liquidated, the assets shall be treated as provided in R.S. 11:102(B)(4).

(2) If there are multiple positive bases of the same age and the same duration, all such bases shall be collapsed into a single base for purposes of this Subsection.

(3) If there are multiple positive bases of the same age but of different durations, the oldest outstanding positive amortization base with the shortest remaining amortization period shall be treated as the “oldest” for purposes of this Subsection.

§102.2. Consolidation of amortization Amortization payment schedules; priority excess return allocations; Teachers’ Retirement System of Louisiana

A. * * *(4) For purposes of this Section, the following shall apply:(a) “Primary priority amount” shall mean the maximum amount of system

returns in excess of the system’s actuarially assumed rate of return that may be applied to the original amortization base, regardless of whether actual returns that equal or exceed the maximum are available, and shall equal:

(i) For the June 30, 2015 valuation, one hundred million dollars.(ii) For each valuation thereafter, the prior year’s primary priority amount

increased by the percentage increase in the system’s actuarial value of assets for the prior year, if any.

(b) “Primary allocation” shall mean the actual returns available for application to the original amortization base.

(c) “Secondary priority amount” shall mean the maximum amount of system returns in excess of the system’s actuarially assumed rate of return that may be applied to the experience account amortization base, regardless of whether actual returns that equal or exceed the maximum are available, and shall equal:

(i) For the June 30, 2015 valuation, one hundred million dollars.(ii) For each valuation thereafter, before the original amortization base

is liquidated, the prior year’s secondary priority amount increased by the percentage increase in the system’s actuarial value of assets for the prior year, if any.

(iii) For the valuation in which the original amortization base is liquidated, that year’s secondary priority amount calculated pursuant to Item (ii) of this Subparagraph plus any money from that year’s primary priority amount remaining after liquidation of the original amortization base.

(iv) For the first valuation after the original amortization base is liquidated, the portion of the prior year’s primary priority amount that was necessary to liquidate the original amortization base plus the prior year’s secondary priority amount, both increased by the percentage increase in the system’s actuarial value of assets for the prior year, if any.

(v) For the second valuation after the original amortization base is liquidated and for each valuation thereafter, the prior year’s secondary priority amount increased by the percentage increase in the system’s actuarial value of assets for the prior year, if any.

(d) “Secondary allocation” shall mean the actual returns available for application to the experience account amortization base.

(e) “Residual priority amount” shall mean the maximum amount of system returns in excess of the system’s actuarially assumed rate of return that may be applied to the oldest outstanding positive amortization base after liquidation of the experience account amortization base, regardless of whether actual returns that equal or exceed the maximum are available, and shall equal:

(i) For the valuation in which the experience account amortization base is liquidated, the money from that year’s secondary allocation remaining after liquidation of the experience account amortization base, if any.

(ii) For the first valuation after the experience account amortization base is liquidated, the prior year’s secondary priority amount, increased by the percentage increase in the system’s actuarial value of assets for the prior year, if any.

(iii) For the second valuation after the experience account amortization base is liquidated and for each valuation thereafter, the prior year’s residual priority amount increased by the percentage increase in the system’s actuarial value of assets for the prior year, if any.

(f) “Residual allocation” shall mean the actual returns available for application to the oldest outstanding positive amortization base after liquidation of the experience account amortization base.

(g) In no event shall the total of one year’s priority amounts be less than the total of the previous year’s priority amounts.

(h) Notwithstanding the provisions of Subparagraph (i) of this Paragraph, effective for the June thirtieth valuation following the fiscal year in which the system first attains a funded percentage of eighty or more pursuant to R.S. 11:883.1 and for each valuation thereafter, the net remaining liability of the amortization base to which the funds are applied shall be reamortized

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with annual level-dollar payments calculated as provided in R.S. 11:102 over the remainder of the amortization period originally established for that amortization base.

(i) Beginning with the 2019-2020 Fiscal Year and every fifth fiscal year thereafter, the remaining liability net of all payments made since the last reamortization shall be reamortized over the remainder of the amortization period originally established for that amortization base with annual payments calculated as provided for in this Section.

(j) Except as provided in Subparagraphs (h) and (i) of this Paragraph and in Item (B)(3)(a)(iv) of this Section, the net remaining liability of the amortization base to which the funds are applied shall not be reamortized after such application.

B. Original amortization base.* * *

(2)(a) To this base shall be applied any monies in the separate fund known alternatively as the “Texaco Account” or the “Initial Unfunded Accrued Liability Account”on June 30, 2010, and any appropriation provided in the 2009 Regular Session of the Legislature. The balance in this account as of June 30, 2008, exclusive of any subaccount balance, shall be credited with interest at the system’s actuarially-assumed actuarially assumed interest rate until the funds in the account are applied as provided in this Subsection.

* * *(3)(a) This consolidated amortization base shall be known as the “original

amortization base” and shall be amortized with annual payments calculated as follows:

(i) For Fiscal Year 2010-2011, the projected payment shall be the amount specified in the June 30, 2009 system valuation adopted by the Public Retirement Systems’ Actuarial Committee pursuant to R.S. 11:127. The actuarially-required actuarially required contribution shall be determined in accordance with the provisions of R.S. 11:102 in the June 30, 2010 system valuation adopted by the committee.

* * *(iv) Notwithstanding any provision of this Section to the contrary, the net

remaining liability shall be reamortized over the remainder of the amortization period ending in 2029 in the first valuation after Fiscal Year 2019-2020 for which this reamortization results in annual level-dollar payments that do not exceed the payment otherwise required for that valuation.

* * *(4)(a) Except as provided in Paragraph (5) of this Subsection, in any year in

which the system exceeds its actuarially-assumed actuarially assumed rate of return, the excess returns, up to the first one hundred million dollars for the June 30, 2015, valuation, the primary allocation shall be applied to the remaining balance of the original amortization base established in this Subsection. The maximum amount of excess returns to be applied in any subsequent year pursuant to the provisions of this Subparagraph shall equal the prior year’s maximum amount increased by the percentage increase in the system’s actuarial value of assets for the preceding year, if any.


(5) For the June 30, 2014, 2014 valuation, if the system exceeds its actuarially-assumed actuarially assumed rate of return, the excess returns, up to the first fifty million dollars, shall be applied to the remaining balance of the original amortization base established in this Subsection, without reamortization of such base.

C. Experience account amortization base.* * *

(2) To this shall be applied the balance in the experience account or the balance in the subaccount of the Texaco Account created pursuant to R.S. 11:883.1(A)(1)(b)(iii).

(3) This consolidated amortization base shall be known as the “experience account amortization base” and shall be amortized with annual payments over a thirty-year period beginning in Fiscal Year 2010-2011 as follows:

(a) For Fiscal Year 2010-2011, the projected payment shall be the amount specified in the June 30, 2009 system valuation adopted by the Public Retirement Systems’ Actuarial Committee pursuant to R.S. 11:127. The actuarially-required actuarially required contribution shall be determined in accordance with the provisions of R.S. 11:102 in the June 30, 2010 system valuation adopted by the committee.

* * *(c) Beginning in Fiscal Year 2018-2019, the outstanding balance shall be

amortized over the remaining period with annual level dollar level-dollar payments.

(4)(a) Except as provided in Paragraph (6) of this Subsection, in any year before the liquidation of the original amortization base in which the excess returns of the system exceed the primary priority amount applied to the Original Amortization Base pursuant to Subparagraph (B)(4)(a) of this Section, the remaining excess returns, up to the next one hundred million dollars for the June 30, 2015, valuation, the secondary allocation shall be applied to the experience account amortization base established in this Subsection. The maximum amount of excess returns to be applied in any subsequent year pursuant to the provisions of this Subparagraph shall equal

the prior year’s maximum amount increased by the percentage increase in the system’s actuarial value of assets for the preceding year, if any. In the year in which the original amortization base is liquidated and for each year thereafter until the experience account amortization base is liquidated, the secondary allocation shall be applied to the experience account amortization base.


(5) Notwithstanding the provisions of R.S. 11:102(B)(3)(c) and (5) or any other provision of law to the contrary, in any year from Fiscal Year 2009-2010 through Fiscal Year 2039-2040 in which the system receives an overpayment of employer contributions as determined pursuant to R.S. 11:102(B)(2) and in any year from Fiscal Year 2009-2010 through Fiscal Year 2039-2040 in which the system receives additional contributions pursuant to R.S. 11:102(B)(5), the amount of such overpayment or additional contribution shall be applied to the remaining balance of the experience account amortization base established pursuant to this Subsection. For any payment made pursuant to the provisions of this Paragraph, if the system is eighty-five percent funded or greater prior to the application of the funds, the net remaining liability shall be reamortized over the remaining amortization period with annual payments calculated as provided in this Subsection or as otherwise provided by law; if the system is less than eighty-five percent funded prior to application of the funds, the net remaining liability shall not be reamortized after such application.

(6) For the June 30, 2014, 2014 valuation, if the excess returns of the system exceed the amount applied to the original amortization base pursuant to Subparagraph Paragraph (B)(5) of this Section, the remaining excess returns, up to the next fifty million dollars, shall be applied to the remaining balance of the experience account amortization base established in this Subsection, without reamortization of such base.

D.(1) If both the original amortization base and the experience account amortization base have been liquidated, the residual allocation shall be applied to the system’s oldest outstanding positive amortization base, excluding any liability established pursuant to R.S. 11:102(B)(2)(a) or (3)(c) or (D)(6)(c), until all such bases are completely liquidated. After the final base is completely liquidated, the assets shall be treated as provided in R.S. 11:102(B)(4).



§102.3. Priority excess return allocations; Louisiana School Employees’ Retirement System

A. For purposes of this Section, the following shall apply:(1) “Priority amount” shall mean the maximum amount of system returns in

excess of the system’s actuarially assumed rate of return that may be applied to the oldest outstanding positive amortization base, regardless of whether actual returns that equal or exceed the maximum are available, and shall equal:

(a) For the June 30, 2015 valuation, fifteen million dollars.(b) For each valuation thereafter, the prior year’s priority amount increased

by the percentage increase in the system’s actuarial value of assets for the prior year, if any.

(2) “Priority allocation” shall mean the actual returns available for application to the oldest outstanding positive amortization base.

(3) For any valuation in which the oldest outstanding positive amortization base is liquidated without using the full amount of the priority allocation, the remaining amount from that year’s priority allocation after liquidation of the oldest base shall be applied to the next oldest base.

(4) In no event shall one year’s priority amount be less than the previous year’s priority amount.

(5) Notwithstanding the provisions of Paragraph (6) of this Subsection, effective for the June thirtieth valuation following the fiscal year in which the system first attains a funded percentage of eighty or more pursuant to R.S. 11:1145.1 and for each valuation thereafter, the net remaining liability of the amortization base to which the funds are applied shall be reamortized with annual level-dollar payments calculated as provided in R.S. 11:102 over the remainder of the amortization period originally established for that amortization base.

(6) Beginning with Fiscal Year 2019-2020 and every fifth fiscal year thereafter, the remaining liability net of all payments made since the last reamortization shall be reamortized with annual level-dollar payments calculated as provided in R.S. 11:102 over the remainder of the amortization period originally established for that amortization base.

(7) Except as provided in Paragraphs (5) and (6) of this Subsection, the net remaining liability of the amortization base to which the funds are applied shall not be reamortized after such application.

B.(1) Effective for the June 30, 2015 valuation and for each valuation thereafter, if the system’s investment experience for the fiscal year exceeds the system’s actuarially assumed rate of return, the system shall apply the priority allocation to the oldest outstanding positive amortization base of the system,

THE ADVOCATEPAGE 32


excluding any amortization base established to amortize a liability pursuant to R.S. 11:102(B)(2)(a) or (3)(c) until all such bases are completely liquidated. After the final base is completely liquidated, the assets shall be treated as provided in R.S. 11:102(B)(4).



C. Effective for the June 30, 2014 valuation, if the system’s investment experience for the fiscal year exceeds the system’s actuarially assumed rate of return, the system shall apply the excess investment experience returns, up to a maximum of the first seven and one-half million dollars, to the oldest outstanding positive amortization base of the system, excluding any amortization base established to amortize a liability pursuant to R.S. 11:102(B)(2)(a) or (3)(c) without reamortization of such base.

§102.4. Priority excess return allocations; State Police Retirement SystemA. For purposes of this Section, the following shall apply:(1) “Priority amount” shall mean the maximum amount of system returns in

excess of the system’s actuarially assumed rate of return that may be applied to the oldest outstanding positive amortization base, regardless of whether actual returns that equal or exceed the maximum are available, and shall equal:

(a) For the June 30, 2015 valuation, five million dollars.(b) For each valuation thereafter, the prior year’s priority amount increased

by the percentage increase in the system’s actuarial value of assets for the prior year, if any.

(2) “Priority allocation” shall mean the actual returns available for application to the oldest outstanding positive amortization base.

(3) For any valuation in which the oldest outstanding positive amortization base is liquidated without using the full amount of the priority allocation, the remaining amount from that year’s priority allocation after liquidation of the oldest base shall be applied to the next oldest base.

(4) In no event shall one year’s priority amount be less than the previous year’s priority amount.

(5) Notwithstanding the provisions of Paragraph (6) of this Subsection, effective for the June thirtieth valuation following the fiscal year in which the system first attains a funded percentage of eighty or more pursuant to R.S. 11:1332 and for each valuation thereafter, the net remaining liability of the amortization base to which the funds are applied shall be reamortized with annual level-dollar payments calculated as provided in R.S. 11:102 over the remainder of the amortization period originally established for that amortization base.

(6) Beginning with Fiscal Year 2019-2020 and every fifth fiscal year thereafter, the remaining liability net of all payments made since the last reamortization shall be reamortized with annual level-dollar payments calculated as provided in R.S. 11:102 over the remainder of the amortization period originally established for that amortization base.

(7) Except as provided in Paragraphs (5) and (6) of this Subsection, the net remaining liability of the amortization base to which the funds are applied shall not be reamortized after such application.

B.(1) Effective for the June 30, 2015 valuation and for each valuation thereafter, if the system’s investment experience for the fiscal year exceeds the system’s actuarially assumed rate of return, the system shall apply the priority allocation to the oldest outstanding positive amortization base of the system, excluding any amortization base established to amortize a liability pursuant to R.S. 11:102(B)(2)(a) or (3)(c) until all such bases are completely liquidated. After the final base is completely liquidated, the assets shall be treated as provided in R.S. 11:102(B)(4).



C. Effective for the June 30, 2014 valuation, if the system’s investment experience for the fiscal year exceeds the system’s actuarially assumed rate of return, the system shall apply the excess investment experience returns, up to a maximum of the first two and one-half million dollars, to the oldest outstanding positive amortization base of the system, excluding any amortization base established to amortize a liability pursuant to R.S. 11:102(B)(2)(a) or (3)(c), and without reamortization of such base.

§102.5. State systems’ 2014 valuation amortization periodNotwithstanding any provision of R.S. 11:102 or any other law to the contrary,

for the June 30, 2014 valuation the amortization period for investment gains of the Louisiana State Employees’ Retirement System, the Teachers’ Retirement System of Louisiana, the Louisiana School Employees’ Retirement System, and the State Police Retirement System not allocated to an amortization base pursuant to R.S. 11:102.1, 102.2, 102.3, or 102.4 and not credited to the experience account shall be five years.

§102.3. §102.6. Review of volatilityFollowing the close of Fiscal Year 2018-2019 2016-2017, the future volatility

of the then-existing schedules of each state system shall be reexamined by staff of each system and of the legislature, including actuaries for both. The results of this reexamination, which may identify issues to be resolved and

include recommendations for plan amendments, shall be reported to the Public Retirement Systems’ Actuarial Committee by November 1, 2019 2017. The committee shall review the results and determine what changes to the system plan provisions, if any, are advisable. If appropriate, the committee shall make a recommendation to the legislature by December 15, 2017, on whether and what type of legislation is warranted.

* * *§542. Experience accountA.(1)(a) Effective July 1, 2004, the balance in the experience account shall

be zero.(b)(2) Effective June 30, 2009, the balance in the experience account shall

be zero. Any funds in the experience account on June 29, 2009, shall be allocated in the following order:

(i)(a) To provide for any net investment loss attributable to the balance in the account as provided in Paragraph (B)(1) Subparagraph (B)(3)(a) of this Section.

(ii)(b) To fund any permanent benefit increase or minimum benefit pursuant to the Act that originated as House Bill No. 586 Act 144 of the 2009 Regular Session of the Legislature.

(iii)(c) To apply to the experience account amortization base as provided in R.S. 11:102.1(C)(2); however, as of June 30, 2009, these funds shall be transferred to the system’s Texaco Account and retained in a subaccount of that account until that account is applied as provided in R.S. 11:102.1. The subaccount shall continue to be credited and debited as provided in Subparagraph (A)(2)(b) and Paragraph (B)(1) of this Section until such application.

B.(1) Effective for the June 30, 2015 valuation, the system’s funded percentage for purposes of this Section shall be determined before any allocation to the experience account.

(2) The experience account shall be credited as follows:(a) To the extent permitted by Paragraph (3) of this Subsection Subparagraph

(c) of this Paragraph and after allocation to the amortization bases as provided in R.S. 11:102(B)(3)(d)(v)(bb) and 102.1, as applicable 11:102.1, an amount not to exceed fifty percent of the remaining balance of the prior year’s net investment experience gain as determined by the system’s actuary.

(b) To the extent permitted by Paragraph (3) of this Subsection Subparagraph (c) of this Paragraph, an amount not to exceed that portion of the system’s net investment income attributable to the balance in the experience account during the prior year.

(3)(a)(c) In no event shall a credit be made to the account that would cause the balance in the experience account to exceed the reserve necessary to grant:

(i) Two permanent benefit increases determined pursuant to Subsection C D of this Section if the system is at least eighty percent funded or greater.

(ii) One permanent benefit increase as determined pursuant to Subsection C D of this Section if the system is less than eighty percent funded.

(b)(d) If the system is less than eighty percent funded and the account has reserves in excess of the amounts provided for in Item (a)(ii) (c)(ii) of this Paragraph, it shall not apply credits to the account pursuant to Subparagraph (2)(b) of this Subsection no amount shall be credited to the account.

B.(3) The experience account shall be debited as follows:(1)(a) An amount equal to that portion of the system’s net investment loss

attributable to the balance in the experience account during the prior year.(2)(b) An amount sufficient to fund a permanent benefit increase granted

pursuant to Subsection C the provisions of this Section.(3)(c) In no event shall the amount in the experience account fall below

zero.C.(1) In accordance with the provisions of this Section, the board of trustees

may recommend to the president of the Senate and the speaker of the House of Representatives that the system be permitted to grant a permanent benefit increase to retirees, survivors, and beneficiaries whenever the conditions in this Section are satisfied and the balance in the experience account is sufficient to fund such benefit fully on an actuarial basis, as determined by the system’s actuary. If the legislative auditor’s actuary disagrees with the determination of the system’s actuary, a permanent benefit increase shall not be granted. The board of trustees shall not grant a permanent benefit increase unless such permanent benefit increase has been approved by the legislature. Any such permanent benefit increase granted on or before June 30, 2015, shall be limited to and shall only be payable based on an amount not to exceed seventy thousand dollars of the retiree’s annual benefit. Any such permanent benefit increase granted on or after July 1, 2015, shall be limited to and shall only be payable based on an amount not to exceed sixty thousand dollars of the retiree’s annual benefit. Effective for years after July 1, 1999, and on or before June 30, 2015, the seventy-thousand dollar limit shall be increased each year in an amount equal to any increase in the consumer price index (U.S. city average for all urban consumers (CPI-U)) for the preceding year, if any. Effective on or after July 1, 2015, the sixty-thousand dollar limit shall be increased each year in an amount equal to any increase in the consumer price index, (U.S. city average for all urban consumers (CPI-U)) for the twelve-month period ending on the system’s valuation date, if any.

D.(1) No increase shall be granted if one or more of the following apply:(a) The system is less than fifty-five percent funded.(b) The system is at least fifty-five percent funded but less than eighty-five

percent funded and the legislature granted a benefit increase in the preceding fiscal year.

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(c) The system is less than eighty percent funded and the system fails to earn an actuarial rate of return which exceeds the board-approved actuarial valuation rate.

(2) Any increase granted pursuant to the provisions of this Section shall begin on the July first following legislative approval, shall be payable annually, and shall equal the amount required pursuant to Subparagraph (a) or (b) of this Paragraph. If the balance in the experience account is not sufficient to fully fund that sum on an actuarial basis as determined by the system actuary in agreement with the legislative auditor’s actuary, no increase shall be granted. The increase shall be an amount equal to the lesser of:

(a) An amount as determined in Paragraph (2) of this Subsection.(b) The increase in the consumer price index, U.S. city average for all

urban consumers (CPI-U), as prepared by the U.S. Department of Labor, Bureau of Labor Statistics, for the twelve-month period ending on the system’s valuation date if any. If the balance in the experience account is not sufficient to fund that sum, no increase shall be granted.

(2)(a)(b)(i) If Three percent, if the system is at least eighty percent funded or greater, three percent and the system earns an actuarial rate of return of at least eight and one-quarter percent interest on the investment of the system’s assets.

(ii) Two and one-half percent if all of the following apply:(b)(aa) If the The system is at least seventy-five percent funded but less than

eighty percent funded and the.(bb) The system earns an actuarial rate of return of at least eight and one-

quarter percent interest on the investment of the system’s assets.(cc) The legislature has not granted a benefit increase in the preceding

fiscal year, two and one-half percent.(c)(iii) If the Two percent, if either of the following applies:(aa) The system is at least sixty-five percent funded but less than seventy-five

percent funded and the legislature has not granted a benefit increase in the preceding fiscal year, two percent.

(bb) The system is at least seventy-five percent funded and the system does not earn an actuarial rate of return of at least eight and one-quarter percent interest on the investment of the system’s assets.

(d)(iv) If One and one-half percent if the system is at least fifty-five percent funded but less than sixty-five percent funded and the legislature has not granted a benefit increase in the preceding fiscal year, one and one-half percent.

(e) If the system is less than fifty-five percent funded or if the system is less than eighty-five percent funded but more than fifty-five percent funded and the legislature granted a benefit increase in the preceding fiscal year, no increase shall be granted.

(3) Subject to the limitations contained in Paragraph (1) of this Subsection, The percentage of each recipient’s permanent benefit increase shall be based on the benefit being paid to the recipient on the effective date of the increase. increase; however, any such permanent benefit increase granted on or before June 30, 2015, shall be limited to and shall be payable based only on an amount not to exceed seventy thousand dollars of the retiree’s annual benefit. Additionally, any such permanent benefit increase granted on or after July 1, 2015, shall be limited to and shall be payable based only on an amount not to exceed sixty thousand dollars of the retiree’s annual benefit. Effective for years after July 1, 1999, and on or before June 30, 2015, the seventy-thousand-dollar limit shall be increased each year in an amount equal to any increase in the CPI-U for the preceding year. Effective on or after July 1, 2015, the sixty-thousand-dollar limit shall be increased each year in an amount equal to any increase in the CPI-U for the twelve-month period ending on the system’s valuation date.

(4)(a) Notwithstanding any provision of this Section to the contrary, in a year in which the experience account balance is insufficient to fund the amount required pursuant to Paragraph (2) of this Subsection, the board may make the recommendation provided in Subsection C of this Section if all of the following conditions are satisfied:

(i) No benefit increase was granted in the preceding fiscal year.(ii) The experience account balance established in the system valuation for

the preceding fiscal year reached its maximum reserve permitted pursuant to Subparagraph (B)(2)(c) of this Section applicable to the system valuation for that valuation year.

(iii) The experience account balance established in the system valuation for the current fiscal year is insufficient to fund the increase permitted pursuant to Paragraph (2) of this Subsection applicable to the system valuation for the preceding fiscal year.

(iv) All of the insufficiency in the account is attributable to the following:(aa) The growth of the cost of the increase, but only if that growth was produced

solely by either or both of these events:(I) Changes in the pool of the eligible recipients.(II) The growth in the benefit amount to which the increase applies due to

the application of the CPI-U pursuant to the provisions of Paragraph (3) of this Subsection.

(bb) The insufficiency of credits to the account, if any, to cover the growth in the cost of the increase.

(b) The amount of the increase shall be equal to the amount that the balance in the experience account will fully fund rounded to the nearest lower one-tenth of one percent.

(4)(a)E. (1)(a) Except as provided in Subparagraph (c) of this Paragraph, in order to be eligible for any permanent benefit increase payable on or before

June 30, 2009, there must be the funds available in the experience account to pay for such an increase, and a retiree:

(i) Shall have received a benefit for at least one year; and.(ii) Shall have attained at least age fifty-five.(b) Except as provided in Subparagraph (c) of this Paragraph, a nonretiree

beneficiary shall be eligible for the permanent benefit increase payable on or before June 30, 2009:

(i) If benefits had been paid to the retiree or the beneficiary, or both combined, for at least one year; and.

(ii) In no event before the retiree would have attained age fifty-five.(c)(i) The provisions of Items (a)(ii), (b)(ii), (d)(ii), and (e)(ii)(a)(ii) and (b)(ii) of

this Paragraph shall not apply to any person who receives disability benefits from this system, or who receives benefits based on the death of a disability retiree of this system.

(ii) The actuarial cost of implementing the provisions of Acts 2001, No. 1162, shall be paid by debiting the experience account which must have the funds available in the experience account to pay for such an increase.

(d)(2)(a) Except as provided in Subparagraph (c) of this Paragraph, in order to be eligible for any permanent benefit increase payable on or after July 1, 2009, there shall be the funds available in the experience account to pay for such an increase, and a retiree:

(i) Shall have received a benefit for at least one year; and.(ii) Shall have attained at least age sixty.(e)(b) Except as provided in Subparagraph (c) of this Paragraph, a nonretiree

beneficiary shall be eligible for the permanent benefit increase payable on or after July 1, 2009:


(ii) In no event before the retiree would have attained age sixty.(c) The provisions of Items (a)(ii) and (b)(ii) of this Paragraph shall not apply

to any person who receives disability benefits from this system, or who receives benefits based on the death of a disability retiree of this system.

(5)(a) F.(1) The first normal permanent benefit increase shall be effective July 1, 1999.

(2) The actuarial cost of implementing the provisions of Act 1162 of the 2001 Regular Session of the Legislature shall be paid by debiting the experience account which shall have the funds available in the experience account to pay for such an increase.

(3) Effective September 1, 2001, any retiree receiving a retirement benefit shall be entitled to receive, as a permanent benefit increase, a minimum retirement benefit amounting to not less than thirty dollars per month for each year of creditable service of the retiree or the maximum benefit earned in accordance with the applicable benefit formula selected by the retiree at the time of retirement, whichever is greater.

(i)(a) For any retiree who selected or selects an early retirement, an initial benefit option, or a retirement option allowing the payment of benefits to a beneficiary, there shall be a comparison of both the minimum benefit provided for in this Paragraph and the maximum benefit and both such benefits shall be actuarially reduced based upon the option selected by the retiree and the current board-approved actuarial assumptions prior to the comparison and for the purpose of determining which of the two benefit amounts results in the greater amount and the greater amount shall be paid to the retiree.

(ii)(b) In order for the minimum benefit provided for in this Paragraph to be compared to the annuity being paid to a retiree’s named beneficiary, the minimum benefit shall be reduced based on the option in effect and the current board-approved actuarial assumptions. After reducing the minimum benefit provided for in this Item Subparagraph, the reduced minimum benefit shall be compared to the beneficiary’s annuity, and the beneficiary shall be paid the greater of the beneficiary’s reduced minimum benefit or the amount of the beneficiary’s annuity being paid at the time of the comparison.

(b)(c) The minimum benefits provided for in this Paragraph shall apply to all retired members and beneficiaries receiving annuity payments or benefits on September 1, 2001, and to all members retiring on and after September 1, 2001, and to all beneficiaries receiving annuity payments on and after September 1, 2001, and all such payments shall be funded by debiting the experience account.

* * *§883.1. Experience accountA.(1)(a) Effective July 1, 2004, the balance in the experience account shall

be zero.(b)(2) Effective June 30, 2009, the balance in the experience account shall

be zero. Any funds in the account on June 29, 2009, shall be allocated in the following order:

(i)(a) To provide for any net investment loss attributable to the balance in the account as provided in Paragraph (B)(1) Subparagraph (B)(3)(a) of this Section.

(ii)(b) To fund any permanent benefit increase or minimum benefit pursuant to the Act that originated as House Bill No. 586 Act 144 of the 2009 Regular Session of the Legislature.

(iii)(c) To apply to the experience account amortization base as provided in R.S. 11:102.2(C)(2); however, as of June 30, 2009, these funds shall be transferred to the system’s Texaco Account and retained in a subaccount of that account until that account is applied as provided in R.S. 11:102.2. The subaccount shall continue to be credited and debited as provided in

THE ADVOCATEPAGE 34


Subparagraph (A)(2)(b) and Paragraph (B)(1) of this Section until such application.

B.(1) Effective for the June 30, 2015 valuation, the system’s funded percentage for purposes of this Section shall be determined before any allocation to the experience account.

(2) The experience account shall be credited as follows:(a) To the extent permitted by Subparagraph (c) of this Paragraph (3) of

this Subsection and after allocation to the amortization bases as provided in R.S. 11:102(B)(3)(d)(vii)(bb) and 102.2, as applicable 11:102.2, an amount not to exceed fifty percent of the remaining balance of the prior year’s net investment experience gain as determined by the system’s actuary.

(b) To the extent permitted by Subparagraph (c) of this Paragraph (3) of this Subsection, an amount not to exceed that portion of the system’s net investment income attributable to the balance in the experience account during the prior year.

(3)(a)(c) In no event shall a credit be made to the account that would cause the balance in the experience account to exceed the reserve necessary to grant either of the following:

(i) Two permanent benefit increases determined pursuant to Subsection C D of this Section if the system is at least eighty percent funded or greater.

(ii) One permanent benefit increase as determined pursuant to Subsection C D of this Section if the system is less than eighty percent funded.


B.(3) The experience account shall be debited as follows:(1)(a) An amount equal to that portion of the system’s net investment loss

attributable to the balance in the experience account during the prior year.(2)(b) An amount sufficient to fund a permanent benefit increase granted

pursuant to Subsection C the provisions of this Section.(3)(c) In no event shall the amount in the experience account fall below

zero.C.(1) In accordance with the provisions of this Section, the board of trustees

may recommend to the president of the Senate and the speaker of the House of Representatives that the system be permitted to grant a permanent benefit increase to retirees and beneficiaries whenever the conditions in this Section are satisfied and the balance in the experience account is sufficient to fund such benefit fully on an actuarial basis, as determined by the system’s actuary. If the legislative auditor’s actuary disagrees with the determination of the system’s actuary, a permanent benefit increase shall not be granted. The board of trustees shall not grant a permanent benefit increase unless such permanent benefit increase has been approved by the legislature.

D.(1) No increase shall be granted if one or more of the following apply:(a) The system is less than fifty-five percent funded.(b) The system is at least fifty-five percent funded but less than eighty-five


(c) The system is less than eighty percent funded and the system fails to earn an actuarial rate of return which exceeds the board-approved actuarial valuation rate.

(2) Any increase granted pursuant to the provisions of this Section shall begin on the July first following legislative approval, shall be payable annually, and shall equal the amount required pursuant to Subparagraph (a) or (b) of this Paragraph. If the balance in the experience account is not sufficient to fully fund that sum on an actuarial basis as determined by the system actuary in agreement with the legislative auditor’s actuary, no increase shall be granted. The increase shall be an amount equal to the lesser of:

(a) An amount as determined in Paragraph (2) of this Subsection.(b) The increase in the consumer price index, U.S. city average for all

urban consumers (CPI-U), as prepared by the U.S. Department of Labor, Bureau of Labor Statistics, for the twelve-month period ending on the system’s valuation date, if any. If the balance in the experience account is not sufficient to fund that sum, no increase shall be granted.

(2)(a)(b)(i) If Three percent if the system is at least eighty percent funded or greater, three percent and the system earns an actuarial rate of return of at least eight and one-quarter percent interest on the investment of the system’s assets.

(b)(ii) If the Two and one-half percent, if all of the following apply:(aa) The system is at least seventy-five percent funded but less than eighty

percent funded and the.(bb) The system earns an actuarial rate of return of at least eight and one-

quarter percent interest on the investment of the system’s assets.(cc) The legislature has not granted a benefit increase in the preceding

fiscal year, two and one-half percent.(c)(iii) If the Two percent, if either of the following applies:(aa) The system is at least sixty-five percent funded but less than seventy-five


(bb) The system is at least seventy-five percent funded and the system does not earn an actuarial rate of return of at least eight and one-quarter percent interest on the investment of the system’s assets.

(d)(iv) If One and one-half percent, if the system is at least fifty-five percent funded but less than sixty-five percent funded and the legislature has not

granted a benefit increase in the preceding fiscal year, one and one-half percent.


(3) Subject to the limitations contained in Subsection F of this Section, the The percentage of each recipient’s permanent benefit increase shall be based on the benefit being paid to the recipient on the effective date of the increase.

(a) Any such permanent benefit increase granted on or before June 30, 2015, shall be limited to and shall be payable based only on an amount not to exceed seventy thousand dollars of the retiree’s annual benefit. The seventy-thousand-dollar limit shall be increased each year in an amount equal to any increase in the CPI-U for the preceding year.

(b) Any such permanent benefit increase granted on or after July 1, 2015, shall be limited to and shall be payable based only on an amount not to exceed sixty thousand dollars of the retiree’s annual benefit. Effective on or after July 1, 2015, the sixty-thousand-dollar limit shall be increased each year in an amount equal to any increase in the CPI-U for the twelve-month period ending on the system’s valuation date.

(4)(a) Notwithstanding any provision of this Section to the contrary, in a year in which the experience account balance is insufficient to fund the amount required pursuant to Paragraph (2) of this Subsection, the board may make the recommendation provided in Subsection C of this Section if all of the following conditions are satisfied:


the preceding fiscal year reached its maximum reserve permitted pursuant to Subparagraph (B)(2)(c) of this Section applicable to the system valuation for that valuation year.







(4)(a) E.(1)(a) Except as provided in Subparagraph (c) of this Paragraph, in order to be eligible for any permanent benefit increase payable on or before June 30, 2009, there must be the funds available in the experience account to pay for such an increase, and a retiree:

(i) Shall have received a benefit for at least one year; and.(ii) Shall have attained at least age fifty-five.(b) Except as provided in Subparagraph (c) of this Paragraph, a nonretiree

beneficiary shall be eligible for the permanent benefit increase payable on or before June 30, 2009:


(ii) In no event before the retiree would have attained age fifty-five.(c)(i) The provisions of Items (a)(ii), (b)(ii), (d)(ii), and (e)(ii) (a)(ii) and (b)(ii) of

this Paragraph shall not apply to any person who receives disability benefits from this system, or who receives benefits based on the death of a disability retiree of this system.

(ii) The actuarial cost of implementing the provisions of Acts 2001, No. 1162, shall be paid by debiting the experience account which must have the funds available in the experience account to pay for such an increase.

(d)(2)(a) Except as provided in Subparagraph (c) of this Paragraph, in order to be eligible for any permanent benefit increase payable on or after July 1, 2009, there shall be the funds available in the experience account to pay for such an increase, and a retiree:

(i) Shall have received a benefit for at least one year; and.(ii) Shall have attained at least age sixty.(e)(b) Except as provided in Subparagraph (c) of this Paragraph, a nonretiree

beneficiary shall be eligible for the permanent benefit increase payable on or after July 1, 2009:


(ii) In no event before the retiree would have attained age sixty.(c) The provisions of Items (a)(ii) and (b)(ii) of this Paragraph shall not apply

to any person who receives disability benefits from this system, or who receives benefits based on the death of a disability retiree of this system.

F.(1) The first normal permanent benefit increase shall be effective July 1, 1999.

(2) The actuarial cost of implementing the provisions of Act 1162 of the 2001 Regular Session of the Legislature shall be paid by debiting the experience

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account which shall have the funds available in the experience account to pay for such an increase.

(5)(a)(3) On December 1, 2001, the board of trustees shall grant a one-time cost-of-living adjustment to:

(i)(a) Each retiree who had twenty-five years of service credit, exclusive of unused leave, or a disability retiree regardless of the number of years of service credit, and had been receiving a benefit for at least fifteen years on December 1, 2001; and.

(ii)(b) Each nonretiree beneficiary receiving a benefit on December 1, 2001, if the deceased member had twenty-five years of service credit exclusive of unused leave, or was a disability retiree regardless of the number of years of service credit, and the retiree and nonretiree beneficiary, or both combined, had received a benefit for at least fifteen years.

(b)(c) The one-time adjustment payable to each recipient shall equal an amount up to but not exceeding two hundred dollars a month, but the total monthly benefit of any such recipient resulting from this adjustment shall not exceed one thousand dollars.

* * *§927. Contributions

* * *B.

* * *(2)(a) Beginning July 1, 2014, and continuing through fiscal year Fiscal

Year 2017-2018, each higher education board created by Article VIII of the Constitution of Louisiana and each employer institution and agency under its supervision and control shall contribute to the Teachers’ Retirement System of Louisiana on behalf of each participant in the optional retirement plan the sum of:

(i) The amounts calculated pursuant to R.S. 11:102(D)(4)(b), 11:102(D)(6)(b), (c), and (d).

* * *(b) Beginning July 1, 2018, each higher education board created by Article

VIII of the Constitution of Louisiana and each employer institution and agency under its supervision and control shall contribute to the Teachers’ Retirement System of Louisiana on behalf of each participant in the optional retirement plan the sum of:

(i) The amounts calculated pursuant to R.S. 11:102(D)(4)(b), 11:102(D)(6)(b), (c), and (d).

* * *(3)(a) Beginning July 1, 2014, for all employers each employer that are is

not a higher education board created by Article VIII of the Constitution of Louisiana or an employer institution under the supervision and control of such a board, each such employer institution and board shall contribute to the Teachers’ Retirement System of Louisiana on behalf of each participant in the optional retirement plan the greater of:

(i) The amount it would have contributed if the participant were a member of the regular retirement plan of the Teachers’ Retirement System of Louisiana pursuant to R.S. 11:102(D)(1) 11:102(D)(3).

(ii) The sum of the amounts calculated pursuant to R.S. 11:102(D)(4)(b), 11:102(D)(6)(b), (c), and (d) plus six and two-tenths percent of pay.

* * *§1145.1. Employee Experience Account Experience accountA.(1) The Employee Experience Account experience account shall be

credited as follows:(a) To the extent permitted by Subparagraph (c) of this Paragraph (2) of

this Subsection and after allocation to the amortization bases as provided in R.S. 11:102(B)(3)(d)(vi)(bb) 11:102.3, an amount not to exceed fifty percent of the remaining balance of the prior year’s net investment experience gain as determined by the system’s actuary.

(b) To the extent permitted by Subparagraph (c) of this Paragraph (2) of this Subsection, an amount not to exceed that portion of the system’s net investment income attributable to the balance in the Employee Experience Account experience account during the prior year.

(2)(a)(c) In no event shall a credit be made to the account that would cause the balance in the Employee Experience Account experience account to exceed the reserve necessary to grant:

(i) Two cost-of-living adjustments permanent benefit increases determined pursuant to Subsection C of this Section if the system is at least eighty percent funded or greater.

(ii) One permanent benefit increase as determined pursuant to Subsection C of this Section if the system is less than eighty percent funded.


B.(2) The Employee Experience Account experience account shall be debited as follows:

(1)(a) An amount equal to that portion of the system’s net investment loss attributable to the balance in the Employee Experience Account experience account during the prior year.

(2)(b) An amount sufficient to fund a cost-of-living adjustment permanent benefit increase granted pursuant to Subsection C the provisions of this Section.

(3)(c) In no event shall the amount in the Employee Experience Account experience account fall below zero.

(3) Effective for the June 30, 2015 valuation, the system’s funded percentage for purposes of this Section shall be determined before any allocation to the experience account.

C.(1)B. In accordance with the provisions of this Section, the board of trustees may recommend to the president of the Senate and the speaker of the House of Representatives that the system be permitted to grant a cost-of-living adjustment permanent benefit increase to retirees and beneficiaries whenever the conditions in this Section are satisfied and the balance in the Employee Experience Account is sufficient to fully fund such benefit on an actuarial basis, as determined by the system’s actuary. If the legislative actuary disagrees with the determination of the system’s actuary, a cost-of-living adjustment shall not be granted. The board of trustees shall not grant a cost-of-living adjustment permanent benefit increase unless such cost-of-living adjustment permanent benefit increase has been approved by the legislature. Any such cost-of-living adjustment granted on or before June 30, 2015, shall be limited to and shall only be payable based on an amount not to exceed eighty-five thousand dollars of the retiree’s annual benefit. Any such cost-of-living adjustment granted on or after July 1, 2015, shall be limited to and shall only be payable based on an amount not to exceed sixty thousand dollars of the retiree’s annual benefit. Effective for years after July 1, 2007, and on or before June 30, 2015, the eighty-five thousand dollar limit shall be increased each year in an amount equal to the increase in the Consumer Price Index (United States city average for all urban consumers (CPI-U)), as prepared by the United States Department of Labor, Bureau of Labor Statistics, for the preceding calendar year, if any. Effective on or after July 1, 2015, the sixty-thousand dollar limit shall be increased each year in an amount equal to any increase in the consumer price index (U.S. city average for all urban consumers (CPI-U)) for the twelve-month period ending on the system’s valuation date, if any.

C.(1) No increase shall be granted if either of the following applies:(a) The system is less than fifty-five percent funded.(b) The system is at least fifty-five percent funded but less than eighty-five


(2) Any cost-of-living adjustment increase granted pursuant to the provisions of this Section shall begin on the July first following legislative approval, shall be payable annually, and shall equal the amount required pursuant to Subparagraph (a) or (b) of this Paragraph. If the balance in the experience account is not sufficient to fully fund that sum on an actuarial basis as determined by the system actuary in agreement with the legislative auditor’s actuary, no increase shall be granted. The increase shall be an amount equal to the lesser of:

(a) An amount as determined in Paragraph (2) of this Subsection.(b) The increase in the Consumer Price Index (United States city average

for all urban consumers (CPI-U)) consumer price index, U.S. city average for all urban consumers (CPI-U), as prepared by the United States Department of Labor, Bureau of Labor Statistics, for the twelve-month period ending on the system’s valuation date, if any. If the balance in the experience account is not sufficient to fund that sum, no increase shall be granted.

(2)(a)(b)(i) If Three percent if the system is at least eighty percent funded or greater, three percent and the system earns an actuarial rate of return of at least seven and one-quarter percent interest on the investment of the system’s assets.

(b)(ii) If the Two and one-half percent, if all the following apply:(aa) The system is at least seventy-five percent funded but less than eighty

percent funded and the system earns an actuarial rate of return of at least seven and one-quarter percent interest on the investment of the system’s assets.

(bb) The legislature has not granted a benefit increase in the preceding fiscal year, two and one-half percent.

(c)(iii) If the Two percent, if either of the following applies:(aa) The system is at least sixty-five percent funded but less than seventy-five


(bb) The system is at least seventy-five percent funded and the system does not earn an actuarial rate of return of at least seven and one-quarter percent interest on the investment of the system’s assets.

(d)(iv) If One and one-half percent, if the system is at least fifty-five percent funded but less than sixty-five percent funded and the legislature has not granted a benefit increase in the preceding fiscal year, one and one-half percent.


(3) Subject to the limitations contained in Paragraph (1) of this Subsection, the The percentage of each recipient’s cost-of-living adjustment permanent benefit increase shall be based on the benefit being paid to the recipient on the effective date of the increase. increase; however, any such permanent benefit increase granted on or before June 30, 2015, shall be limited to and shall be payable based only on an amount not to exceed eighty-five thousand dollars of the retiree’s annual benefit. Additionally, any such permanent benefit increase granted on or after July 1, 2015, shall be limited to and shall be payable based only on an amount not to exceed sixty thousand dollars of the retiree’s annual benefit. Effective for years after July 1, 2007, and on or before June 30, 2015, the eighty-five- thousand-dollar limit shall be increased each year in an amount equal to any increase in the CPI-U for the preceding year. Effective on or after

THE ADVOCATEPAGE 36


July 1, 2015, the sixty-thousand-dollar limit shall be increased each year in an amount equal to any increase in the CPI-U for the twelve-month period ending on the system’s valuation date.

(4)(a) Notwithstanding any provision of this Section to the contrary, in a year in which the experience account balance is insufficient to fund the amount required pursuant to Paragraph (2) of this Subsection, the board may make the recommendation provided in Subsection B of this Section if all of the following conditions are satisfied:


the preceding fiscal year reached its maximum reserve permitted pursuant to Subparagraph (A)(1)(c) of this Section applicable to the system valuation for that valuation year.







(4)(a)D.(1)(a) Except as provided in Subparagraph (c) of this Paragraph, in order to be eligible for the cost-of-living adjustment permanent benefit increase, there shall be the funds available in the Employee Experience Account experience account to pay for such an adjustment, and a retiree:

(i) Shall have received a benefit for at least one year; and.(ii) Shall have attained at least age sixty.(b) Except as provided in Subparagraph (c) of this Paragraph, a non-retiree

nonretiree beneficiary shall be eligible for the cost-of-living adjustment permanent benefit increase:

(i) If benefits had been paid to the retiree, or the beneficiary, or both combined, for at least one year; and.

(ii) In no event before the retiree would have attained age sixty.(c) The provisions of Items (a)(ii) and (b)(ii) of this Paragraph shall not

apply to any person who receives disability benefits from this system or who receives benefits based on the death of a disability retiree of this system.

D. The cost-of-living increase which is authorized by Subsection C of this Section shall be limited to the lesser of either two percent or an amount determined as provided in Subsection C of this Section in or for any year in which the system does not earn an actuarial rate of return of at least seven and one-quarter percent interest on the investment of the system’s assets.

E. Effective July 1, 2007, the balance in the Employee Experience Account experience account shall be zero.

* * *§1332. Employee Experience Account Experience accountA.(1) The Employee Experience Account experience account shall be

credited as follows:(a) To the extent permitted by Subparagraph (c) of this Paragraph (2) of this

Subsection and after the allocation to the amortization bases as provided in R.S. 11:102(B)(3)(d)(viii)(bb) 11:102.4, an amount not to exceed fifty percent of the remaining balance of the prior year’s net investment experience gain as determined by the system’s actuary.

(b) To the extent permitted by Subparagraph (c) of this Paragraph (2) of this Subsection, an amount not to exceed that portion of the system’s net investment income attributable to the balance in the Employee Experience Account experience account during the prior year.

(2)(a)(c) In no event shall a credit be made to the account that would cause the balance in the Employee Experience Account experience account to exceed the reserve necessary to grant:

(i) Two cost-of-living adjustments permanent benefit increases as determined pursuant to Subsection C of this Section if the system is at least eighty percent funded or greater.

(ii) One permanent benefit increase as determined pursuant to Subsection C of this Section if the system is less than eighty percent funded.


B.(2) The Employee Experience Account experience account shall be debited as follows:

(1)(a) An amount equal to that portion of the system’s net investment loss attributable to the balance in the Employee Experience Account experience account during the prior year.

(2)(b) An amount sufficient to fund a cost-of-living adjustment permanent benefit increase granted pursuant to Subsection C or F the provisions of this Section.

(3)(c) In no event shall the amount in the Employee Experience Account experience account fall below zero.

(3) Effective for the June 30, 2015 valuation, the system’s funded percentage for purposes of this Section shall be determined before any allocation to the experience account.

C.(1)B. In accordance with the provisions of this Section, the board of trustees may recommend to the president of the Senate and the speaker of the House of Representatives that the system be permitted to grant a cost-of-living adjustment permanent benefit increase to retirees and beneficiaries whenever the conditions in this Section are satisfied and the balance in the Employee Experience Account is sufficient to fully fund such benefit on an actuarial basis, as determined by the system’s actuary. If the legislative actuary disagrees with the determination of the system’s actuary, a cost-of-living adjustment shall not be granted. The board of trustees shall not grant a cost-of-living adjustment permanent benefit increase unless such cost-of-living adjustment permanent benefit increase has been approved by the legislature. Any such cost-of-living adjustment granted on or before June 30, 2015, shall be limited to and shall only be payable based on an amount not to exceed eighty-five thousand dollars of the retiree’s annual benefit. Any such cost-of-living adjustment granted on or after July 1, 2015, shall be limited to and shall only be payable based on an amount not to exceed sixty thousand dollars of the retiree’s annual benefit. Effective for years after July 1, 2007, and on or before June 30, 2015, the eighty-five thousand dollar limit shall be increased each year in an amount equal to the increase in the consumer price index (United States city average for all urban consumers (CPI-U)), as prepared by the United States Department of Labor, Bureau of Labor Statistics, for the preceding calendar year, if any. Effective on or after July 1, 2015, the sixty-thousand dollar limit shall be increased each year in an amount equal to any increase in the consumer price index (U.S. city average for all urban consumers (CPI-U)) for the twelve-month period ending on the system’s valuation date, if any.

C.(1) No increase shall be granted if either of the following applies:(a) The system is less than fifty-five percent funded.(b) The system is at least fifty-five percent funded but less than eighty-five


(2) Any adjustment increase granted pursuant to the provisions of this Section shall begin on the July first following legislative approval, shall be payable annually, and shall be an amount equal to the lesser of:

(a) An amount as determined in Paragraph (2) of this Subsection.(b) The increase in the consumer price index, (United States city average

for all urban consumers (CPI-U)) U.S. city average for all urban consumers (CPI-U), as prepared by the United States Department of Labor, Bureau of Labor Statistics, for the twelve-month period ending on the system’s valuation date, if any. If the balance in the experience account is not sufficient to fund that sum, no increase shall be granted.

(2)(a)(b)(i) If Three percent, if the system is at least eighty percent funded or greater, three percent and the system earns an actuarial rate of return of at least seven percent interest on the investment of the system’s assets.

(b)(ii) If the Two and one-half percent, if all of the following apply:(aa) The system is at least seventy-five percent funded but less than eighty

percent funded and the system earns an actuarial rate of return of at least seven percent interest on the investment of the system’s assets.

(bb) The legislature has not granted a benefit increase in the preceding fiscal year, two and one-half percent.

(c)(iii) If the Two percent, if either of the following applies:(aa) The system is at least sixty-five percent funded but less than seventy-five


(bb) The system is at least seventy-five percent funded and the system does not earn an actuarial rate of return of at least seven percent interest on the investment of the system’s assets.

(d)(iv) If One and one-half percent, if the system is at least fifty-five percent funded but less than sixty-five percent funded and the legislature has not granted a benefit increase in the preceding fiscal year, one and one-half percent.


(3) Subject to the limitations contained in Paragraph (1) of this Subsection, the The percentage of each recipient’s cost-of-living adjustment permanent benefit increase shall be based on the benefit being paid to the recipient on the effective date of the increase. increase; however, any such permanent benefit increase granted on or before June 30, 2015, shall be limited to and shall be payable based only on an amount not to exceed eighty-five thousand dollars of the retiree’s annual benefit. Additionally, any such permanent benefit increase granted on or after July 1, 2015, shall be limited to and shall be payable based only on an amount not to exceed sixty thousand dollars of the retiree’s annual benefit. Effective for years after July 1, 2007, and on or before June 30, 2015, the eighty-five-thousand-dollar limit shall be increased each year in an amount equal to any increase in the CPI-U for the preceding year. Effective on or after July 1, 2015, the sixty-thousand-dollar limit shall be increased each year in an amount equal to any increase in the CPI-U for the twelve-month period ending on the system’s valuation date.

(4)(a) Notwithstanding any provision of this Section to the contrary, in a year in which the experience account balance is insufficient to fund the amount required pursuant to Paragraph (2) of this Subsection, the board may make the

THE ADVOCATEPAGE 37


recommendation provided in Subsection B of this Section if all of the following conditions are satisfied:


the preceding fiscal year reached its maximum reserve permitted pursuant to Subparagraph (A)(1)(c) of this Section applicable to the system valuation for that valuation year.







(4)(a) D.(1)(a) Except as provided in Subparagraph (c) of this Paragraph, in order to be eligible for the cost-of-living adjustment permanent benefit increase, there shall be the funds available in the experience account to pay for such an adjustment, and a retiree:

(i) Shall have received a benefit for at least one year; and.(ii) Shall have attained at least age sixty.(b) Except as provided in Subparagraph (c) of this Paragraph, a non-retiree

nonretiree beneficiary shall be eligible for the cost-of-living adjustment permanent benefit increase:

(i) If benefits had been paid to the retiree, or the beneficiary, or both combined, for at least one year; and.

(ii) In no event before the retiree would have attained age sixty.(c) The provisions of Items (a)(ii) and (b)(ii) of this Paragraph shall not

apply to any person who receives disability benefits from this system or who receives benefits based on the death of a disability retiree of this system.

D. The cost-of-living increase which is authorized by Subsection C of this Section shall be limited to the lesser of either two percent or an amount determined as provided in Subsection C of this Section in or for any year in which the system does not earn an actuarial rate of return of at least seven percent interest on the investment of the system’s assets.

E. Effective July 1, 2007, the balance in the Employee Experience Account experience account shall be zero.

F. In addition to the cost-of-living adjustment permanent benefit increase authorized by Subsection C B of this Section, the board of trustees may grant a supplemental cost-of-living adjustment permanent benefit increase to all retirees and beneficiaries who are at least age sixty-five, which and who retired on or before June 30, 2001. This supplemental increase shall consist of an amount equal to two percent of the benefit being received on the date of the adjustment increase. In order to grant such supplemental cost-of-living adjustment permanent benefit increase, the board of trustees shall recommend to the president of the Senate and the speaker of the House of Representatives that the system be permitted to grant such supplemental cost-of-living adjustment permanent benefit increase to retirees and beneficiaries whenever the balance in the Employee Experience Account experience account is sufficient to fully fund such benefit on an actuarial basis, as determined by the system’s actuary. If the legislative actuary disagrees with the determination of the system’s actuary, such supplemental cost-of-living adjustment permanent benefit increase shall not be granted. The board of trustees shall not grant such supplemental cost-of-living adjustment permanent benefit increase unless such supplemental cost-of-living adjustment permanent benefit increase has been approved by the legislature. Any such supplemental cost-of-living adjustment permanent benefit increase paid on or before June 30, 2015, shall be limited to and shall only be payable based only on an amount not to exceed eighty-five thousand dollars of the retiree’s annual benefit. Any such supplemental cost-of-living adjustment permanent benefit increase paid on or after July 1, 2015, shall be limited to and shall only be payable based only on an amount not to exceed sixty thousand dollars of the retiree’s annual benefit. Effective on and after July 1, 2007, and on or before June 30, 2015, the eighty-five thousand dollar limit shall be increased each year in an amount equal to the increase in the consumer price index (United States city average for all urban consumers (CPI-U)), as prepared by the United States Department of Labor, Bureau of Labor Statistics, CPI-U for the preceding calendar year, if any. Effective on and after July 1, 2015, the sixty-thousand sixty thousand dollar limit shall be increased each year in an amount equal to the increase in the consumer price index (United States city average for all urban consumers (CPI-U)), as prepared by the United States Department of Labor, Bureau of Labor Statistics, CPI-U for the twelve-month period ending on the system’s valuation date, if any. Any cost-of-living adjustment permanent benefit increase granted pursuant to the provisions of this Subsection shall begin on the July first following legislative approval and shall be payable annually.

Section 2. R.S. 11:102(B)(3)(d)(v), (vi), (vii), and (viii), 542(G), 883.1(G) and (H), 1145.1(F), and 1332(G) are hereby repealed.

Section 3. In case of any conflict between the provisions of this Act and the provisions of any other Act of the 2016 Regular Session of the Legislature, the provisions of this Act shall supersede and control regardless of the order of passage.

Section 4. This Act shall become effective on June 30, 2016; if vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on June 30, 2016, or on the day following such approval by the legislature, whichever is later.



- - - - - - - -

ACT No. 96- - -

SENATE BILL NO. 271BY SENATOR MILLS AND REPRESENTATIVES BAGNERIS, CHAD

BROWN, GARY CARTER, ROBBY CARTER, FALCONER, GLOVER, HAVARD, HUNTER, HUVAL, JAMES, JONES, TERRY LANDRY, LEBAS, MAGEE, MARCELLE, MORENO, NORTON, PIERRE AND SMITH

AN ACTTo amend and reenact R.S. 40:1046 and to enact R.S. 40:1047, relative to

medical marijuana; to provide for physician requirements; to provide for definitions; to provide for rulemaking requirements; to provide for responsibilities of certain licensing boards and agencies; to provide for criminal background history; to provide for enactment of provisions upon reclassification by the United States Drug Enforcement Administration; to provide for an effective date; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 40:1046 is hereby amended and reenacted and R.S. 40:1047

is hereby enacted to read as follows:§1046. Prescription Recommendation of marijuana for therapeutic use;

rules and regulations; Louisiana Board of Pharmacy and the adoption of rules and regulations relating to the dispensing of prescribed recommended marijuana for therapeutic use; the Department of Agriculture and Forestry and the licensure of a production facility

A.(1) Notwithstanding any other provision of this Part, a physician licensed by and in good standing with the Louisiana State Board of Medical Examiners to practice medicine in this state and who is domiciled in this state may prescribe recommend, in any form as permitted by the rules and regulations of the Louisiana Board of Pharmacy except for inhalation, and raw or crude marijuana, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols for therapeutic use by patients clinically diagnosed as suffering from a debilitating medical condition glaucoma, symptoms resulting from the administration of chemotherapy cancer treatment, and spastic quadriplegia in accordance with rules and regulations promulgated by the Louisiana State Board of Medical Examiners. The Louisiana State Board of Medical Examiners shall submit to the Senate and House committees on health and welfare on an annual basis not less than sixty days prior to the beginning of the regular session of the legislature a report as to any additional diseases or medical conditions that should be added to the list of eligible diseases and conditions for prescription.

(2)(a) For purposes of this Subsection, “debilitating medical condition” means cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, cachexia or wasting syndrome, seizure disorders, epilepsy, spasticity, Crohn’s disease, muscular dystrophy, or multiple sclerosis.

(b) If the United States Food and Drug Administration approves the use of medical marijuana in the same form provided for in this Part for any debilitating medical condition specifically identified in this Paragraph, that medical condition shall no longer be covered by the provisions of this Part.

(c) If the United States Food and Drug Administration approves the use of medical marijuana in a form or derivative different than provided for in this Part for any debilitating medical condition specifically identified in this Paragraph, the disease state shall remain covered by the provisions of this Part. The patient shall first be treated by the approved form or derivative of medical marijuana through utilization of step therapy or fail first protocols. If, after use of the United States Food and Drug Administration approved form or derivative of medical marijuana, the physician determines that the preferred treatment required under step therapy or fail first protocol has been ineffective in the treatment of the patient’s debilitating medical condition, he may recommend the form of medical marijuana provided for in this Part for use by the patient as medically necessary.

(3) For purposes of this Part, “recommend” or “recommended” means an order from a physician domiciled in Louisiana and licensed and in good standing with the Louisiana Board of Medical Examiners and authorized by the board to recommend medical marijuana that is patient-specific and disease-specific in accordance with Paragraph (2) of this Subsection, and is communicated by any means allowed by the Louisiana Board of Pharmacy to a Louisiana-licensed pharmacist in a Louisiana-permitted dispensing pharmacy as described in Subsection G of this Section, and is preserved on file as required by Louisiana law or federal law regarding medical marijuana.

(4) Physicians shall recommend use of medical marijuana for treatment of debilitating medical conditions in accordance with rules and regulations promulgated by the Louisiana State Board of Medical Examiners.

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(5) The Louisiana State Board of Medical Examiners shall submit to the Senate and House committees on health and welfare on an annual basis not less than sixty days prior to the beginning of the regular session of the legislature a report as to any additional diseases or medical conditions that should be added to the list of eligible diseases and conditions for recommendation.

B. The Louisiana State Board of Medical Examiners shall promulgate rules and regulations authorizing physicians licensed to practice in this state to prescribe recommend marijuana for therapeutic use by patients as described in Subsection A of this Section no later than January 1, 2016. Any rules published by the Louisiana State Board of Medical Examiners on or before January 1, 2016, that describe the physician’s authority to prescribe should be repromulgated to indicate that he is “recommending” use of therapeutic marijuana.

C.(1) The Louisiana Board of Pharmacy shall adopt rules relating to the dispensing of prescribed recommended marijuana for therapeutic use no later than December 1, 2016. Any rules published by the Louisiana Board of Pharmacy on or before January 1, 2016, that describe the pharmacist as dispensing medical marijuana based on a physician’s prescription should be repromulgated to indicate that the physician is “recommending” use of therapeutic marijuana. The Louisiana Board of Pharmacy shall seek input from groups including but not limited to the following:

(a) The Louisiana District Attorneys Association.(b) Professional law enforcement associations, organizations, and

commissions.(2) The rules shall include but not be limited to:(a) Standards, procedures, and protocols for the effective use of prescribed

recommended marijuana for therapeutic use as authorized by state law and related rules and regulations.

(b) Standards, procedures, and protocols for the dispensing and tracking of prescribed recommended therapeutic marijuana in Louisiana.

(c) Procedures and protocols to provide that no prescribed recommended therapeutic marijuana may be dispensed from, produced from, obtained from, sold to, or transferred to a location outside of this state.

(d) The establishment of standards, procedures, and protocols for determining the amount of usable prescribed recommended therapeutic marijuana that is necessary to constitute an adequate supply to ensure uninterrupted availability for a period of one month, including amounts for topical treatments.

(e) The establishment of standards, procedures, and protocols to ensure that all prescribed recommended therapeutic marijuana dispensed is consistently pharmaceutical grade.

(f) The establishment of standards and procedures for the revocation, suspension, and nonrenewal of licenses.

(g) The establishment of other licensing, renewal, and operational standards which are deemed necessary by the Louisiana Board of Pharmacy.

(h) The establishment of standards and procedures for testing prescribed recommended therapeutic marijuana samples for levels of tetrahydrocannabinol (THC) or other testing parameters deemed appropriate by the Louisiana Board of Pharmacy.

(i) The establishment of health, safety, and security requirements for dispensers of prescribed recommended therapeutic marijuana.

(j) Licensure of dispensers of prescribed recommended therapeutic marijuana.

(k) The establishment of financial requirements for applicants of therapeutic marijuana dispensing pharmacy license under which each applicant demonstrates the following:

(i) The financial capacity to operate a therapeutic marijuana dispensing pharmacy.

(ii) The ability to maintain an escrow account in a financial institution headquartered in Louisiana in an amount of two million dollars, if required by the Louisiana Board of Pharmacy.

D. The Louisiana Board of Pharmacy shall submit a report to the legislature no later than January 1, 2016, with recommendations on possible fee amounts relative to the provisions of this Section.

E. All rules shall be adopted in accordance with the provisions of the Administrative Procedure Act.

F.D. Nothing in this Section shall be construed to prohibit the Louisiana State Board of Medical Examiners or the Louisiana Board of Pharmacy from adopting emergency rules as otherwise provided for in the Administrative Procedure Act.

G.E. Marijuana, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols prescribed recommended pursuant to this Section shall be dispensed in person from a licensed pharmacy in good standing located in Louisiana.

H.F. A prescriber and dispenser of person who recommends and person who dispenses marijuana, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols pursuant to this Section shall review the patient’s information in the Prescription Monitoring Program database prior to the prescribing recommending and dispensing thereof.

I.G. The Louisiana Board of Pharmacy shall develop an annual, nontransferable specialty license for a pharmacy to dispense prescribed recommended marijuana for therapeutic use and shall limit the number of such licenses granted in the state to no more than ten licensees. The Louisiana Board of Pharmacy shall develop rules and regulations regarding the geographical locations of dispensing pharmacies in Louisiana.

J.(1) H.(1)(a) The Department of Agriculture and Forestry shall develop the rules and regulations regarding the extraction, processing, and production of prescribed recommended therapeutic marijuana and the facility producing therapeutic marijuana. The rules and regulations shall include but not be limited to both of the following minimum standards:

(i) In order to mitigate the risk of bacterial contamination, food-grade ethanol extraction shall be used.

(ii) The extraction and refining process shall produce a product that is food safe and capable of producing pharmaceutical-grade products.

(b) The rules and regulations shall also include but not be limited to the procedures for application, qualifications, eligibility, background checks, and standards for suitability for a license and penalties for violations of the rules and regulations.

(2)(a) The Department of Agriculture and Forestry shall develop an annual, nontransferable specialty license for the production of prescribed recommended marijuana for therapeutic use. and Other than the licenses granted pursuant to Subparagraph (b) of this Paragraph, the Department of Agriculture and Forestry shall limit the number of such licenses granted in the state to no more than one licensee. The Louisiana State University Agricultural Center and the Southern University Agricultural Center shall have the right of first refusal to be licensed as the production facility, either separately or jointly. If neither of the centers exercise this option, the license shall be awarded pursuant to the requirements provided for in Paragraphs (3) through (5) of this Subsection.

(b) Prior to September 1, 2016, the Louisiana State University Agricultural Center and the Southern University Agricultural Center shall each provide written notice to the commissioner of agriculture and forestry of their intent to be licensed as a production facility, either separately or jointly.

(c) The Louisiana State University Agricultural Center or the Southern University Agricultural Center may conduct research on marijuana for therapeutic use if the center is licensed as a production facility pursuant to this Section.

(3) The license shall be limited to one geographic location as provided for in rule by the Department of Agriculture and Forestry. The geographic location shall be a public record subject to disclosure under the Public Records Law, R.S. 44:1 et seq. The licensee shall permit inspection of the production facility by any elected member of the Louisiana Legislature upon request after receipt of reasonable notice.

(4)(a) The Department of Agriculture and Forestry shall grant the license pursuant to a contract awarded through a competitive sealed bid or a competitive sealed proposal as provided for in R.S. 39:1594 and 1595. The contract for the license shall be subject to the Louisiana Procurement Code and shall not be subject to any exceptions to or other variances from the Louisiana Procurement Code. The contract shall not be awarded under the sole source procurement provisions provided for in R.S. 39:1597.

(b) Any contract for the license awarded pursuant to this Subsection shall not exceed five years.

(c) Any contract, memorandum of understanding, or cooperative endeavor agreement entered into pursuant to this Section shall be a public record subject to disclosure under the Public Records Law, R.S. 44:1 et seq.

(d) Any contract, memorandum of understanding, or cooperative endeavor agreement entered into for services for the cultivation or processing in any way of marijuana pursuant to this Section shall be a public record subject to disclosure under the Public Records Law, R.S. 44:1 et seq.

(e) No person licensed pursuant to this Subsection shall subcontract for services for the cultivation or processing in any way of marijuana if the subcontractor, or any of the service providers in the chain of subcontractors, is owned wholly or in part by any state employee or member of a state employee’s immediate family, including but not limited to any legislator, statewide public official, university or community or technical college employee, Louisiana State University Agricultural Center employee, or Southern University Agricultural Center employee. For the purposes of this Paragraph, “immediate family” has the same meaning as provided in R.S. 42:1102.

(f) Any bid for the license awarded pursuant to this Subsection shall include proof of the financial capability of the bidder to operate a therapeutic marijuana production facility including but not limited to a net worth of not less than one million dollars.

(5) No person licensed pursuant to this Subsection shall give or receive anything of value in connection with any contract, memorandum of understanding, or cooperative endeavor agreement executed pursuant to this Subsection except the value that is expressed in the contract, memorandum of understanding, or cooperative endeavor agreement.

(6)(a) The Department of Agriculture shall collect the following information from each licensee:

(i) The amount of gross marijuana produced by the licensee during each calendar year.

(ii) The details of all production costs including but not limited to seed, fertilizer, labor, advisory services, construction, and irrigation.

(iii) The details of any items or services for which the licensee subcontracted and the costs of each subcontractor directly or indirectly working for the contractor.

(iv) The amount of therapeutic chemicals produced resulting from the marijuana grown pursuant to this Section.

(v) The amounts paid each year to the licensee related to the licensee’s production of therapeutic marijuana pursuant to this Section.

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(vi) The amount of therapeutic marijuana distributed to each pharmacy licensed to dispense therapeutic marijuana in this state during each calendar year.

(b) The Department of Agriculture and Forestry shall provide the information collected pursuant to this Paragraph for the previous calendar year in the form of a written report to the Louisiana Legislature no later than February first of each year. The department shall also make a copy of the report required by this Subparagraph available to the public on the Internet.

(7) No company that has made a contribution to a candidate in a Louisiana election governed by the provisions of the Campaign Finance Disclosure Act within the five years prior to bidding for the license, or is controlled wholly or in part by a person who made such a contribution within the five years prior to the company bidding for the license, may be eligible for the license.

(8) The Department of Agriculture and Forestry shall submit a report to the legislature no later than January 1, 2016, with recommendations on possible fee amounts relative to the provisions of this Section.

K.I. The levels of THC in any marijuana produced pursuant to this Section shall be reduced to the lowest acceptable therapeutic levels available through scientifically accepted methods.

L.J. The provisions of this Section shall terminate on January 1, 2020.§1047. Louisiana Department of Agriculture and Forestry; authorization to

obtain criminal history record informationA. As used in this Section, the following terms shall have the following

meaning:(1) “Applicant” means a natural person, a corporation, limited liability

company, partnership, joint stock association, sole proprietorship, joint venture, business association, cooperative association, professional corporation or any other legal entity or organization through which business is conducted.

(2) “Bureau” means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections.

(3) “Criminal history record information” means information collected by state and federal criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, bills of information, or any formal criminal charges, and any disposition arising therefrom, including sentencing, criminal correctional supervision, and release. It shall not include intelligence information gathered for investigatory purposes or any identification information which does not indicate involvement of the individual in the criminal justice system.

(4) “Department” means Louisiana Department of Agriculture and Forestry.(5) “FBI” means the Federal Bureau of Investigation of the United States

Department of Justice.(6) “Licensure” means any license or permit that the department is authorized

to issue for the production of recommended therapeutic marijuana and the facility producing therapeutic marijuana.

B. In addition to any other requirements established by department rules, the department shall require an applicant, as a condition of eligibility for licensure:

(1) To submit a full set of fingerprints, in a form and manner prescribed by the department.

(2) To permit the department to request and obtain state and national criminal history record information on the applicant.

(3) To pay the reasonable costs to be incurred by the department in requesting and obtaining state and national criminal history record information on the applicant.

C. In accordance with the provisions and procedure prescribed by this Section, the department shall request and obtain state and national criminal history record information from the bureau and the FBI relative to any applicant for licensure whose fingerprints the department has obtained pursuant to this Section for the purpose of determining the applicant’s suitability and eligibility for licensure.

D. Upon request by the department and upon submission of an applicant’s fingerprints, and such other identifying information as may be required, the bureau shall survey its criminal history records and identification files and make a simultaneous request of the FBI for like information from other jurisdictions. The bureau may charge the department a reasonable processing fee for conducting and reporting on any such search.

E. Any and all state or national criminal history record information obtained by the department from the bureau or FBI which is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use by the department in evaluating the applicant’s eligibility or disqualification for licensure. No such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the department to any other person or agency.

Section 2. R.S. 40:1046 is hereby amended and reenacted to read as follows:§1046. Prescription of marijuana for therapeutic use; rules and regulations;

Louisiana Board of Pharmacy and the adoption of rules and regulations relating to the dispensing of prescribed marijuana for therapeutic use; the Department of Agriculture and Forestry and the licensure of a production facility

A.(1) Notwithstanding any other provision of this Part, a physician licensed by and in good standing with the Louisiana State Board of Medical Examiners to practice medicine in this state and who is domiciled in this state may prescribe, in any form as permitted by the rules and regulations of the Louisiana Board of Pharmacy except for inhalation, and raw or

crude marijuana, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols for therapeutic use by patients clinically diagnosed as suffering from a debilitating medical condition glaucoma, symptoms resulting from the administration of chemotherapy cancer treatment, and spastic quadriplegia in accordance with rules and regulations promulgated by the Louisiana State Board of Medical Examiners. The Louisiana State Board of Medical Examiners shall submit to the Senate and House committees on health and welfare on an annual basis not less than sixty days prior to the beginning of the regular session of the legislature a report as to any additional diseases or medical conditions that should be added to the list of eligible diseases and conditions for prescription.

(2)(a) For purposes of this Subsection, “debilitating medical condition” means cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, cachexia or wasting syndrome, seizure disorders, epilepsy, spasticity, Crohn’s disease, muscular dystrophy, or multiple sclerosis.

(b) If the United States Food and Drug Administration approves the use of medical marijuana in the same form provided for in this Part for any debilitating medical condition specifically identified in this Paragraph, that medical condition shall no longer be covered by the provisions of this Part.

(c) If the United States Food and Drug Administration approves the use of medical marijuana in a form or derivative different than provided for in this Part for any debilitating medical condition specifically identified in this Paragraph, the disease state shall remain covered by the provisions of this Part. The patient shall first be treated by the approved form or derivative of medical marijuana through utilization of step therapy or fail first protocols. If, after use of the United States Food and Drug Administration approved form or derivative of medical marijuana, the physician determines that the preferred treatment required under step therapy or fail first protocol has been ineffective in the treatment of the patient’s debilitating medical condition, he may prescribe the form of medical marijuana provided for in this Part for use by the patient as medically necessary.

(3) For purposes of this Part, “prescribe” or “prescription” means an order from a physician domiciled in Louisiana and licensed and in good standing with the Louisiana Board of Medical Examiners and authorized by the board to prescribe medical marijuana that is patient-specific and disease-specific in accordance with Paragraph (2) of this Subsection, and is communicated by any means allowed by the Louisiana Board of Pharmacy to a Louisiana-licensed pharmacist in a Louisiana-permitted dispensing pharmacy as described in Subsection G of this Section, and is preserved on file as required by Louisiana law or federal law regarding medical marijuana.

(4) Physicians shall prescribe the use of medical marijuana for treatment of debilitating medical conditions in accordance with rules and regulations promulgated by the Louisiana State Board of Medical Examiners.

(5) The Louisiana State Board of Medical Examiners shall submit to the Senate and House committees on health and welfare on an annual basis not less than sixty days prior to the beginning of the regular session of the legislature a report as to any additional diseases or medical conditions that should be added to the list of eligible diseases and conditions for recommendation.

B. The Louisiana State Board of Medical Examiners shall promulgate rules and regulations authorizing physicians licensed to practice in this state to prescribe marijuana for therapeutic use by patients as described in Subsection A of this Section no later than January 1, 2016.

C.(1) The Louisiana Board of Pharmacy shall adopt rules relating to the dispensing of prescribed marijuana for therapeutic use no later than December 1, 2016. The Louisiana Board of Pharmacy shall seek input from groups including but not limited to the following:

(a) The Louisiana District Attorneys Association.(b) Professional law enforcement associations, organizations, and

commissions.(2) The rules shall include but not be limited to:(a) Standards, procedures, and protocols for the effective use of prescribed

marijuana for therapeutic use as authorized by state law and related rules and regulations.

(b) Standards, procedures, and protocols for the dispensing and tracking of prescribed therapeutic marijuana in Louisiana.

(c) Procedures and protocols to provide that no prescribed therapeutic marijuana may be dispensed from, produced from, obtained from, sold to, or transferred to a location outside of this state.

(d) The establishment of standards, procedures, and protocols for determining the amount of usable prescribed therapeutic marijuana that is necessary to constitute an adequate supply to ensure uninterrupted availability for a period of one month, including amounts for topical treatments.

(e) The establishment of standards, procedures, and protocols to ensure that all prescribed therapeutic marijuana dispensed is consistently pharmaceutical grade.

(f) The establishment of standards and procedures for the revocation, suspension, and nonrenewal of licenses.

(g) The establishment of other licensing, renewal, and operational standards which are deemed necessary by the Louisiana Board of Pharmacy.

(h) The establishment of standards and procedures for testing prescribed therapeutic marijuana samples for levels of tetrahydrocannabinol (THC) or other testing parameters deemed appropriate by the Louisiana Board of Pharmacy.

(i) The establishment of health, safety, and security requirements for dispensers of prescribed therapeutic marijuana.

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(j) Licensure of dispensers of prescribed therapeutic marijuana.(k) The establishment of financial requirements for applicants of

therapeutic marijuana dispensing pharmacy license under which each applicant demonstrates the following:

(i) The financial capacity to operate a therapeutic marijuana dispensing pharmacy.

(ii) The ability to maintain an escrow account in a financial institution headquartered in Louisiana in an amount of two million dollars, if required by the Louisiana Board of Pharmacy.

D. The Louisiana Board of Pharmacy shall submit a report to the legislature no later than January 1, 2016, with recommendations on possible fee amounts relative to the provisions of this Section.

E. All rules shall be adopted in accordance with the provisions of the Administrative Procedure Act.

F.D. Nothing in this Section shall be construed to prohibit the Louisiana State Board of Medical Examiners or the Louisiana Board of Pharmacy from adopting emergency rules as otherwise provided for in the Administrative Procedure Act.

G.E. Marijuana, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols prescribed pursuant to this Section shall be dispensed in person from a licensed pharmacy in good standing located in Louisiana.

H.F. A prescriber and dispenser of marijuana, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols pursuant to this Section shall review the patient’s information in the Prescription Monitoring Program database prior to the prescribing and dispensing thereof.

I.G. The Louisiana Board of Pharmacy shall develop an annual, nontransferable specialty license for a pharmacy to dispense prescribed marijuana for therapeutic use and shall limit the number of such licenses granted in the state to no more than ten licensees. The Louisiana Board of Pharmacy shall develop rules and regulations regarding the geographical locations of dispensing pharmacies in Louisiana.

J.(1) H.(1)(a) The Department of Agriculture and Forestry shall develop the rules and regulations regarding the extraction, processing, and production of prescribed therapeutic marijuana and the facility producing therapeutic marijuana. The rules and regulations shall include but not be limited to both of the following minimum standards:

(i) In order to mitigate the risk of bacterial contamination, food-grade ethanol extraction shall be used.

(ii) The extraction and refining process shall produce a product that is food safe and capable of producing pharmaceutical-grade products.

(b) The rules and regulations shall also include but not be limited to the procedures for application, qualifications, eligibility, background checks, and standards for suitability for a license and penalties for violations of the rules and regulations.

(2)(a) The Department of Agriculture and Forestry shall develop an annual, nontransferable specialty license for the production of prescribed marijuana for therapeutic use. and Other than the licenses granted pursuant to Subparagraph (b) of this Paragraph, the Department of Agriculture and Forestry shall limit the number of such licenses granted in the state to no more than one licensee. The Louisiana State University Agricultural Center and the Southern University Agricultural Center shall have the right of first refusal to be licensed as the production facility, either separately or jointly. If neither of the centers exercise this option, the license shall be awarded pursuant to the requirements provided for in Paragraphs (3) through (5) of this Subsection.

(b) Prior to September 1, 2016, the Louisiana State University Agricultural Center and the Southern University Agricultural Center shall each provide written notice to the commissioner of agriculture and forestry of their intent to be licensed as a production facility, either separately or jointly.

(3) The license shall be limited to one geographic location as provided for in rule by the Department of Agriculture and Forestry. The geographic location shall be a public record subject to disclosure under the Public Records Law, R.S. 44:1 et seq. The licensee shall permit inspection of the production facility by any elected member of the Louisiana Legislature upon request after receipt of reasonable notice.

(4)(a) The Department of Agriculture and Forestry shall grant the license pursuant to a contract awarded through a competitive sealed bid or a competitive sealed proposal as provided for in R.S. 39:1594 and 1595. The contract for the license shall be subject to the Louisiana Procurement Code and shall not be subject to any exceptions to or other variances from the Louisiana Procurement Code. The contract shall not be awarded under the sole source procurement provisions provided for in R.S. 39:1597.

(b) Any contract for the license awarded pursuant to this Subsection shall not exceed five years.

(c) Any contract, memorandum of understanding, or cooperative endeavor agreement entered into pursuant to this Section shall be a public record subject to disclosure under the Public Records Law, R.S. 44:1 et seq.

(d) Any contract, memorandum of understanding, or cooperative endeavor agreement entered into for services for the cultivation or processing in any way of marijuana pursuant to this Section shall be a public record subject to disclosure under the Public Records Law, R.S. 44:1 et seq.

(e) No person licensed pursuant to this Subsection shall subcontract for services for the cultivation or processing in any way of marijuana if the subcontractor, or any of the service providers in the chain of subcontractors, is owned wholly or in part by any state employee or member of a state

employee’s immediate family, including but not limited to any legislator, statewide public official, university or community or technical college employee, Louisiana State University Agricultural Center employee, or Southern University Agricultural Center employee. For the purposes of this Paragraph, “immediate family” has the same meaning as provided in R.S. 42:1102.

(f) Any bid for the license awarded pursuant to this Subsection shall include proof of the financial capability of the bidder to operate a therapeutic marijuana production facility including but not limited to a net worth of not less than one million dollars.

(5) No person licensed pursuant to this Subsection shall give or receive anything of value in connection with any contract, memorandum of understanding, or cooperative endeavor agreement executed pursuant to this Subsection except the value that is expressed in the contract, memorandum of understanding, or cooperative endeavor agreement.

(6)(a) The Department of Agriculture shall collect the following information from each licensee:

(i) The amount of gross marijuana produced by the licensee during each calendar year.

(ii) The details of all production costs including but not limited to seed, fertilizer, labor, advisory services, construction, and irrigation.

(iii) The details of any items or services for which the licensee subcontracted and the costs of each subcontractor directly or indirectly working for the contractor.

(iv) The amount of therapeutic chemicals produced resulting from the marijuana grown pursuant to this Section.

(v) The amounts paid each year to the licensee related to the licensee’s production of therapeutic marijuana pursuant to this Section.

(vi) The amount of therapeutic marijuana distributed to each pharmacy licensed to dispense therapeutic marijuana in this state during each calendar year.

(b) The Department of Agriculture and Forestry shall provide the information collected pursuant to this Paragraph for the previous calendar year in the form of a written report to the Louisiana Legislature no later than February first of each year. The department shall also make a copy of the report required by this Subparagraph available to the public on the Internet.

(7) No company that has made a contribution to a candidate in a Louisiana election governed by the provisions of the Campaign Finance Disclosure Act within the five years prior to bidding for the license, or is controlled wholly or in part by a person who made such a contribution within the five years prior to the company bidding for the license, may be eligible for the license.

(8) The Department of Agriculture and Forestry shall submit a report to the legislature no later than January 1, 2016, with recommendations on possible fee amounts relative to the provisions of this Section.

K.I. The levels of THC in any marijuana produced pursuant to this Section shall be reduced to the lowest acceptable therapeutic levels available through scientifically accepted methods.

L.J. The provisions of this Section shall terminate on January 1, 2020.Section 3. This Section and Section 1 of this Act shall become effective upon

signature by the governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on the day following such approval.

Section 4. This Section and Section 2 of this Act shall become effective and become operative if and when the United States Drug Enforcement Administration reclassifies marijuana from a Schedule I drug to a Schedule II drug under the authority of the Controlled Substances Act, 21 U.S.C. §801 et seq., at which time the provisions of Section 1 of this Act amending and reenacting R.S. 40:1046 shall become null and void and of no effect.



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ACT No. 97- - -

HOUSE BILL NO. 386BY REPRESENTATIVES HOFFMANN, ABRAHAM, AMEDEE, BACALA,

BAGLEY, BAGNERIS, BARRAS, BROADWATER, CHAD BROWN, CARMODY, COX, DWIGHT, EDMONDS, EMERSON, FALCONER, GAROFALO, GUINN, LANCE HARRIS, HENSGENS, HILFERTY, HILL, HODGES, HORTON, HUVAL, IVEY, JACKSON, MIKE JOHNSON, ROBERT JOHNSON, NANCY LANDRY, LEBAS, MAGEE, DUSTIN MILLER, AND POPE AND SENATORS BARROW, BOUDREAUX, ERDEY, JOHNS, AND MILLS

AN ACTTo amend and reenact R.S. 40:1061.10(D)(2), 1061.16(B), 1061.17(B)(3), (4)(b), (5),

(6), and (8), and 1061.18(D), relative to regulation of abortion; to revise the time period prescribed for certain activities that are required to occur prior to an abortion; to provide for the time required to elapse between performance of an obstetric ultrasound and performance of an abortion; to provide for the time required to elapse between delivery of certain information to a woman seeking an abortion and performance of the

THE ADVOCATEPAGE 41


abortion; to provide relative to conditions for consent to an abortion to be deemed voluntary and informed; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 40:1061.10(D)(2), 1061.16(B), 1061.17(B)(3), (4)(b), (5), (6), and

(8), and 1061.18(D) are hereby amended and reenacted to read as follows: §1061.10. Abortion by physician; determination of viability; ultrasound test

required; exceptions; penalties* * *

D. Ultrasound Requirements. Except in the case of a medical emergency, and in addition to the provisions of R.S. 40:1061.17, consent to an abortion of an unborn child at any stage of gestational development is voluntary and informed only if an obstetric ultrasound is performed in accordance with the provisions of this Section.

* * *(2)(a) Requirements. At least twenty-four Except as provided in

Subparagraph (b) of this Paragraph, at least seventy-two hours prior to the woman woman’s having any part of an abortion performed or induced, and prior to the administration of any anesthesia or medication in preparation for the abortion on the woman, the physician who is to perform the abortion or a qualified person who is the physician’s agent shall comply with all of the following requirements:

(a) (i) Perform an obstetric ultrasound on the pregnant woman; simultaneously display the screen which depicts the active ultrasound images so that the pregnant woman may view them; and make audible the fetal heartbeat, if present, in a quality consistent with current medical practice. Nothing in this Section shall be construed to prevent the pregnant woman from not listening to the sounds detected by the fetal heart monitor, or from not viewing the images displayed on the ultrasound screen.

(b) (ii) Provide a simultaneous and objectively accurate oral explanation of what the ultrasound is depicting, in a manner understandable to a layperson, which shall include the presence and location of the unborn child within the uterus and the number of unborn children depicted, the dimensions of the unborn child, and the presence of cardiac activity if present and viewable, along with the opportunity for the pregnant woman to ask questions.

(c) (iii) Offer the pregnant woman the option of requesting an ultrasound photograph or print of her unborn child of a quality consistent with current standard medical practice that accurately portrays, to the extent feasible, the body of the unborn child including limbs, if present and viewable.

(d) (iv) Prior to the ultrasound, obtain from the pregnant woman a copy of a completed, signed, and dated election form. The election form shall be produced and made available by the department, and shall state as follows:

“Ultrasound Before Abortion Notice and Election FormLouisiana law requires an ultrasound examination prior to the performance

of an abortion. By signing below, I certify that I understand the following:(1) I have the option to look at or look away from the ultrasound display

at any time.(2) I have the option to listen to the heartbeat of the unborn child

that is required to be made audible unless I decline by initialing here: ________________.

(3) I am required by law to hear an oral explanation of the ultrasound images, unless I certify below that I am pregnant due to an act of rape or crime against nature as defined by R.S. 14:89(A)(2).

(4) I have the option to ask and receive answers to any questions about the images of the unborn child.

(5) I have the option to ask for an ultrasound photographic print depicting the unborn child.

__________________________________________Signature DateOPTION FOR WOMEN WHO HAVE FILED LAW ENFORCEMENT

REPORTS:I certify that I have reported an act of rape or crime against nature as

defined by R.S. 14:89(A)(2) to law enforcement officials, and that I decline to hear an oral explanation of the ultrasound images.

__________________________________________Signature Date”(e) (v) Orally read the following statement to the pregnant woman in the

ultrasound examination room prior to beginning the ultrasound examination, and certify by signature on a form that shall be produced and made available by the department that the following statement was delivered orally:

“During this ultrasound examination, you have the right to an oral explanation of the results. You have the option to view the images on the ultrasound screen. The heartbeat of the unborn child, if present, will be made audible, unless you declined on the election form. You have the right to receive answers to any questions you ask about your ultrasound examination. You have the right to receive an ultrasound photographic print, which will be provided at your request.”

(f) (vi) Retain copies of the election form and certification prescribed by Subparagraphs (d) and (e) of this Paragraph Items (iv) and (v) of this Subparagraph. The certification shall be placed in the medical file of the woman and shall be kept by the abortion provider for a period of not less than seven years. If the woman is a minor, the certification shall be placed in the medical file of the minor and kept for at least seven years or for five years after the minor reaches the age of majority, whichever is greater. The woman’s medical files shall be kept confidential as provided by law.

(b) If the pregnant woman certifies in writing that she currently lives one hundred fifty miles or more from the nearest licensed outpatient abortion facility to her residence, then the physician who is to perform the abortion or a qualified person who is the physician’s agent shall comply with all of the requirements of Subparagraph (a) of this Paragraph at least twenty-four hours prior to the woman having any part of an abortion performed or induced.

* * *§1061.16. Information on psychological impacts, illegal coercion, abuse,

and human trafficking required prior to abortion; task force on information resources

* * *B.(1) At least twenty-four Except as provided in Paragraph (2) of this

Subsection, at least seventy-two hours prior to undergoing an elective abortion as defined in R.S. 40:1061.9, and as a condition for consent to the abortion to be deemed voluntary and informed, the woman or minor female considering abortion shall be given a copy of the printed materials described in this Section by the physician who is to perform the abortion or a qualified person as defined in R.S. 40:1061.17(B)(4)(c), except in the case of medical emergency as provided in R.S. 40:1061.23.

(2) If the woman or minor female considering abortion certifies in writing that she currently lives one hundred fifty miles or more from the nearest licensed outpatient abortion facility to her residence, then she shall be given a copy of the printed materials described in this Section at least twenty-four hours prior to an elective abortion procedure by the physician who is to perform the abortion or a qualified person as defined in R.S. 40:1061.17(B)(4)(c), except in the case of medical emergency as provided in R.S. 40:1061.23.

* * *§1061.17. Woman’s Right To Know

* * *B. Informed consent; requirements. After a woman is determined to be

pregnant, no abortion shall be performed or induced without the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:

* * *(3)(a) Oral information from the physician. At least twenty-four Except as

provided in Subparagraph (b) of this Paragraph, at least seventy-two hours before the abortion, the physician who is to perform the abortion or the referring physician has informed the woman, orally and in person, of:

(a) (i) The name of the physician who meets the requirements of R.S. 46:1061.10(A) and who will perform the abortion.

(b) (ii) A description of the proposed abortion method and of those risks (including risks to the woman’s reproductive health) and alternatives to the abortion that a reasonable patient would consider material to the decision of whether or not to undergo the abortion.

(c) (iii) The probable gestational age of the unborn child at the time the abortion is to be performed; and, if the unborn child is viable or has reached the gestational age of twenty-four weeks and the abortion may be otherwise lawfully performed under existing law, that:

(i) (aa) The unborn child may be able to survive outside the womb.(ii) (bb) The woman has the right to request the physician to use the method

of abortion that is most likely to preserve the life of the unborn child.(iii) (cc) If the unborn child is born alive, that attending physicians have the

legal obligation to take all reasonable steps necessary to maintain the life and health of the child.

(d) (iv) The probable anatomical and physiological characteristics of the unborn child at the time the abortion is to be performed.

(e) (v) The medical risks associated with carrying her child to term.(f) (vi) Any need for anti-Rh immune globulin therapy, if she is Rh negative,

the likely consequences of refusing such therapy, and a good faith estimate of the cost of the therapy.

(g) (vii) The availability of anesthesia or analgesics to alleviate or eliminate organic pain to the unborn child that could be caused by the method of abortion to be employed.

(h) (viii) The requirement that at least twenty-four seventy-two hours prior to the woman woman’s having any part of an abortion performed or induced, the physician, referring physician, or qualified person working in conjunction with either physician must perform an obstetric ultrasound under the provisions of R.S. 40:1061.10.

(i) (ix) The inclusion in her printed materials of a comprehensive list, compiled by the department, of facilities that offer obstetric ultrasounds free of charge.

(b) If the woman certifies in writing that she currently lives one hundred fifty miles or more from the nearest licensed outpatient abortion facility to her residence, then the physician who is to perform the abortion or the referring physician shall comply with all of the requirements of Subparagraph (a) of this Paragraph at least twenty-four hours prior to the abortion.

(4) Oral information from a physician or qualified person.* * *

(b)(i) At least twenty-four Except as provided in Item (ii) of this Subparagraph, at least seventy-two hours before a scheduled abortion, the physician who is to perform the abortion, the referring physician, or a qualified person has informed the woman, orally and in person, that:

(i) (aa) Medical assistance benefits may be available for prenatal care, childbirth, and neonatal care, and that more detailed information on the

THE ADVOCATEPAGE 42


availability of such assistance is contained on the department’s website and in the printed materials which shall be given to her as provided in this Section.

(ii) (bb) The department’s website and printed materials describe the unborn child and list agencies which offer alternatives to abortion.

(iii) (cc) The father of the unborn child is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion. In the case of rape, this information may be omitted.

(iv) (dd) She is free to withhold or withdraw her consent to the abortion at any time before or during the abortion without affecting her right to future care or treatment and without the loss of any state or federally funded benefits to which she might otherwise be entitled.

(ii) If the woman certifies in writing that she currently lives one hundred fifty miles or more from the nearest licensed outpatient abortion facility to her residence, then the physician who is to perform the abortion, the referring physician, or a qualified person shall comply with all of the requirements of Item (i) of this Subparagraph at least twenty-four hours before a scheduled abortion.

* * *(5)(a) Provision of printed materials. At least twenty-four Except as

provided in Subparagraph (b) of this Paragraph, at least seventy-two hours before the abortion, the woman is given a copy of the printed materials described in this Section by the physician who is to perform the abortion, the referring physician, or a qualified person as defined in Subparagraph (4)(c) of this Subsection. If the woman is unable to read the materials, they shall be read to her. If the woman asks questions concerning any of the information or materials, answers shall be provided to her in her own language.

(b) If the woman certifies in writing that she currently lives one hundred fifty miles or more from the nearest licensed outpatient abortion facility to her residence, then the woman shall be given a copy of the printed materials described in this Section by the physician who is to perform the abortion, the referring physician, or a qualified person as defined in Subparagraph (4)(c) of this Subsection at least twenty-four hours before the abortion. If the woman is unable to read the materials, they shall be read to her. If the woman asks questions concerning any of the information or materials, answers shall be provided to her in her own language.

(6) Certification and reporting. The woman certifies in writing on a form provided by the department, prior to the abortion, that the information and materials required to be provided under this Section have been provided at least twenty-four seventy-two hours prior to the abortion; or, if applicable, at least twenty-four hours prior to the abortion in the case of a woman who has given prior certification in writing that she currently lives one hundred fifty miles or more from the nearest licensed outpatient abortion facility to her residence. All physicians who perform abortions shall report the total number of certifications received monthly to the department. The department shall make the number of certifications received available to the public on an annual basis.

* * *(8) The woman is not required to pay any amount for the abortion

procedures until the twenty-four-hour seventy-two-hour period has expired; or until expiration of the twenty-four-hour period applicable in the case of a woman who has given prior certification in writing that she currently lives one hundred fifty miles or more from the nearest licensed outpatient abortion facility to her residence.

* * *§1061.18. Abortion sought due to rape or certain acts of crime against nature;

reporting and certification* * *

D. Whenever an abortion is being sought pursuant to R.S. 40:1061.6 to terminate a pregnancy resulting from an alleged act of rape or crime against nature as defined by R.S. 14:89(A)(2), the victim may request spiritual counseling and shall be offered the same informed consent information, without the seventy-two-hour or twenty-four-hour delay, contained in whichever may be applicable pursuant to R.S. 40:1061.17(B), prior to the performance of the abortion.



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ACT No. 98- - -

HOUSE BILL NO. 488BY REPRESENTATIVES JACKSON, ADAMS, AMEDEE, BACALA, BAGLEY,

BAGNERIS, BARRAS, BISHOP, CHAD BROWN, TERRY BROWN, CARMODY, STEVE CARTER, CHANEY, COUSSAN, COX, DANAHAY, DAVIS, DEVILLIER, DWIGHT, EDMONDS, EMERSON, FALCONER, GAROFALO, GUINN, LANCE HARRIS, HAZEL, HENSGENS, HILFERTY, HILL, HODGES, HOFFMANN, HOLLIS, HORTON, HOWARD, HUVAL, IVEY, MIKE JOHNSON, LEBAS, LYONS, MACK, MAGEE, MIGUEZ, DUSTIN MILLER, JAY MORRIS, PIERRE, POPE, PYLANT, REYNOLDS, SEABAUGH, STOKES, TALBOT, THIBAUT, AND ZERINGUE AND SENATORS ALARIO, APPEL, BARROW, BOUDREAUX, COLOMB, CORTEZ, ERDEY, FANNIN, GATTI, HEWITT, JOHNS, LONG, MARTINY,

MILKOVICH, MILLS, MIZELL, PEACOCK, PERRY, RISER, TARVER, THOMPSON, WALSWORTH, AND WARD

AN ACTTo amend and reenact R.S. 40:1061.10(A)(1), relative to regulation of abortion;

to provide for qualifications of physicians who perform elective abortions; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 40:1061.10(A)(1) is hereby amended and reenacted to read

as follows:§1061.10. Abortion by physician; determination of viability; ultrasound test

required; exceptions; penaltiesA.(1) Physician requirements. No person shall perform or induce an abortion

unless that person is a physician licensed to practice medicine in the state of Louisiana and is currently enrolled in or has completed a residency board-certified in obstetrics and gynecology or family medicine or enrolled in a residency program for obstetrics and gynecology or family medicine, when that resident performs or induces an abortion under the direct supervision of a physician who is board-certified in obstetrics and gynecology or family medicine. Any outpatient abortion facility that knowingly or negligently employs, contracts with, or provides any valuable consideration for the performance of an abortion in an outpatient abortion facility by any person who does not meet the requirements of this Section is subject to having its license denied, non-renewed, or revoked by the Department of Health and Hospitals in accord with R.S. 40:2175.6. For the purposes of this Subsection, “direct supervision” shall mean that the physician must be present in the hospital, on the campus, or in the outpatient facility, and immediately available to furnish assistance and direction throughout the performance of the procedure. The physician need not be present in the room when the procedure is performed in order to maintain direct supervision.




ACT No. 99- - -

HOUSE BILL NO. 17BY REPRESENTATIVE PEARSON

AN ACTTo amend and reenact R.S. 11:1732(introductory paragraph) and to enact

R.S. 11:1732(14)(a)(x), relative to participation in the Municipal Employees’ Retirement System; to authorize participation by certain employers; and to provide for related matters.


Be it enacted by the Legislature of Louisiana:Section 1. R.S. 11:1732(introductory paragraph) is hereby amended and

reenacted and R.S. 11:1732(14)(a)(x) is hereby enacted to read as follows: §1732. DefinitionsThe following words and phrases, as used in this Chapter, unless a different

meaning is plainly required by the context, shall have the following meaning meanings:

* * *(14)(a) “Employer” or “participating employer” shall mean:

* * *(x) The Louisiana Local Government Environmental Facilities and

Community Development Authority.* * *




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ACT No. 100- - -

HOUSE BILL NO. 177BY REPRESENTATIVE FOIL

AN ACTTo amend and reenact R.S. 25:1001(B) and (C) and to enact R.S. 25:1001(E),

relative to the Louisiana Naval War Memorial Commission; to provide with respect to the quorum and meeting requirements of the commission; to provide relative to the removal of commission members; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 25:1001(B) and (C) are hereby amended and reenacted and

R.S. 25:1001(E) is hereby enacted to read as follows:

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§1001. Commission* * *

B. The initial appointive members of the commission shall be appointed by September 15, 1979, and in making his appointments, the governor shall designate five members to serve initial terms of two years, five to serve initial terms of four years, and six to serve initial terms of six years. Thereafter, the members shall be appointed for terms of six years each. A vacancy in the membership of the commission shall be filled by the governor by appointment for the unexpired term. A member of the commission may be removed by the governor for cause.

C. The commission shall be domiciled in Baton Rouge. The commission shall elect a chairman, a vice chairman, and such other officers as it shall determine. The commission shall hold at least three one regular meetings meeting each year and may hold other meetings upon call of the chairman or a majority of the members. Nine members A majority of serving members shall constitute a quorum for the transaction of business.

* * *E.(1) The governor or the commission may remove a member for cause.(2) If a member misses two consecutive meetings and the absences have not

been approved by the commission, the commission may remove the member. If the commission seeks to remove a member pursuant to this Paragraph, it shall notify the governor in writing prior to removal of the member. If the governor does not object to the removal within thirty days of receipt of written notification, the commission may remove the member.



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ACT No. 101- - -

HOUSE BILL NO. 193BY REPRESENTATIVE HUNTER

AN ACTTo amend and reenact R.S. 13:4163(C)(1), relative to the ex parte legislative

continuance; to provide for time periods of application; to provide for qualifying activities; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 13:4163(C)(1) is hereby amended and reenacted to read as

follows: §4163. Ex parte motion for legislative continuance or extension of time;

legislators or employees engaged in legislative or constitutional convention activities

* * *C.(1) Such peremptory grounds are available for the continuance of any

type of proceeding and the extension of any type of deadline pertaining to a criminal case, civil case, or administrative proceeding, if the presence, participation, or involvement of a member or employee is required in any capacity, including any pretrial or post-trial legal proceeding, during:

(a) Any time between fifteen thirty days prior to the original call to order and fifteen thirty days following the adjournment sine die of any session of the legislature.

(b) Any time between fifteen thirty days prior to convening and fifteen thirty days following adjournment sine die of any constitutional convention.

(c) Any time other than those provided in Subparagraph (a) or (b) of this Paragraph when such person is engaged in activities, including travel, in connection with or ordered by: (i) the legislature; (ii) any legislative committee or subcommittee appointed by the president of the Senate or the speaker of the House of Representatives; (iii) any committee or commission appointed by the governor or other person authorized to make such appointments; or (iv) any constitutional convention or commission.




ACT No. 102- - -

HOUSE BILL NO. 212BY REPRESENTATIVE DAVIS AND SENATORS BISHOP,

GATTI, AND WARDAN ACT

To enact R.S. 46:236.3(E)(6), relative to enforcement of support by income assignment; to provide for procedures for the issuance of lump-sum payments; to provide definitions; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 46:236.3(E)(6) is hereby enacted to read as follows:§236.3. Enforcement of support by income assignment

* * *E.

* * *

(6)(a) For the purpose of this Paragraph, “lump-sum payment” means a single payment made all at once from any source, in lieu of recurring payments that would be received by an obligor over a period of time.

(b)(i) When a payor intends to issue a lump-sum payment in the amount of three hundred dollars or more to an obligor, the payor shall notify the department at least fifteen days prior to its issuance of the lump-sum payment. Nothing in this Paragraph shall prevent a payor from reporting a lower lump-sum payment at the payor’s discretion.

(ii) Notice of the lump-sum payment shall be provided in a method approved by the department. The department shall provide information regarding all approved methods on its website.

(c) If, after fifteen days from the date the payor notifies the department, the payor has not received any verification from the department as to any withholdings of the lump-sum payment, then the payor may dispense the lump-sum payment in full to the obligor.

(d) The provisions of this Paragraph apply only when the department is providing support enforcement services.

(e) A payor who complies with the requirements of this Paragraph shall not be subject to the penalties provided for in Subsection K of this Section.




ACT No. 103- - -

HOUSE BILL NO. 214BY REPRESENTATIVE LANCE HARRIS


authorize the transfer of certain state property in Rapides Parish; to provide for the property description; to provide for reservation of mineral rights; to provide terms and conditions; to provide an effective date; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. The secretary of the Department of Health and Hospitals and

the commissioner of administration, notwithstanding any other provision of law to the contrary, are hereby authorized and empowered to convey, transfer, assign, lease or deliver any interest, excluding mineral rights, the state may have to all or any portion of the following described parcel of property to the Diocese of Alexandria, a nonprofit corporation:

A certain tract of land owned by the State of Louisiana and/or the State Hospital Board described as follows:

Beginning at point on the north or left descending bank of Big Bayou Canal, the same being in Section 19, Township 4 North, Range 2 West, Southwestern Land District, thence North 27 degrees 35 minutes East a distance of 22.40 chains to a 1 inch iron pipe in the South right-of-way line of State Highway No. 20, thence South 65 degrees East a distance of 5.12 chains along the said right-of-way line to a point on the line between Section 19 and 20, thence along the right-of-way line and the section line South 25 degrees West a distance of 0.30 chains to a point, thence South 65 degrees East 12.07 chains along the South right-of-way line of State Highway No. 20 to a point being in Section 20, Township 4 North, Range 2 West, Southwestern Land District, thence South 29 degrees 30 minutes a distance of 21.27 chains to a point, thence North 75 degrees West 9.95 chains to a point on the North or left descending bank of Big Bayou Canal, thence along the North or left bank of the canal North 42 degrees 15 minutes West a distance of 2.52 chains to a point, thence North 65 degrees 10 minutes West along the canal a distance of 4.43 chains to the point of beginning; said tract containing 37.39 superficial acres lying partly in Section 19 and partly in Section 20, Township 4 North, Range 2 West, Southwestern Land District, Rapides Parish, Louisiana.

Section 2. The secretary of the Department of Health and Hospitals and the commissioner of administration are hereby authorized to enter into such agreements, covenants, conditions, and stipulations and to execute such documents as necessary to properly effectuate any conveyance, transfer, assignment, lease or delivery of title, excluding mineral rights, to the property described in Section 1 of this Act, and as more specifically described in any such agreements entered into and documents executed by and between the secretary of the Department of Health and Hospitals and the commissioner of administration and the Diocese of Alexandria, in exchange of consideration proportionate to the appraised value of the property.




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THE ADVOCATEPAGE 44


ACT No. 104- - -

HOUSE BILL NO. 246BY REPRESENTATIVE ADAMS

AN ACTTo amend and reenact R.S. 32:398(H), relative to time periods for reporting

traffic fatalities; to provide for an extension of time for coroners to report fatalities; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 32:398(H) is hereby amended and reenacted to read as

follows: §398. Accident reports; when and to whom made; information aid; fees for

copies; fees for accident photographs* * *

H. Every person holding the office of coroner in this state, or, in the event of a vacancy in the office, the person performing the duties of coroner, shall report to the Department of Public Safety and Corrections and to the Louisiana Highway Safety Commission the death of any person as a result of an accident a collision involving a motor vehicle, and the circumstances of the accident collision within five sixty days following such death. Such reports shall be made on forms supplied or approved by the department as provided for in Subsection I of this Section. Every hospital shall notify the coroner of the parish in which it is located of any death occurring in the hospital as a result of injuries sustained in a motor vehicle accident.




ACT No. 105- - -


AN ACTTo enact R.S. 37:36(E)(1)(aa) and (3), relative to provisional licenses for ex-

offenders; to exempt the Louisiana Licensed Professional Counselors Board of Examiners from certain provisions relative to the issuance of provisional licenses to ex-offenders; to require certain record keeping of certain licensing entities; to require certain annual reports; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 37:36(E)(1)(aa) and (3) are hereby enacted to read as follows: §36. Exemptions; prohibitions; records; reports

* * *E.(1) This Chapter shall not apply to the following licensing entities:

* * *(aa) The Louisiana Licensed Professional Counselors Board of Examiners.

* * *(3)(a) A licensing entity exempt from the provisions of this Chapter shall keep

record and compile a report of the number of provisional licenses denied by the entity, including all reasons for such denial, when the denial is of an otherwise qualified applicant who has been convicted of an offense or offenses, except those described in Subsections A through C of this Section.

(b) Notwithstanding the exemption of licensing entities as provided in this Section, any licensing entity issuing provisional licenses in accordance with this Chapter shall keep record and compile a report of the number of provisional licenses issued and denied by the entity, including all reasons for any such issuance or denial.

(c) The entity shall provide the report annually to the House Committee on Commerce no later than February first of each year.




ACT No. 106- - -

HOUSE BILL NO. 270BY REPRESENTATIVE POPE

AN ACTTo amend and reenact R.S. 17:1(D) and to repeal R.S. 17:2, relative to the Board

of Elementary and Secondary Education; to provide relative to vacancies in elective positions on the board; to provide relative to special elections to fill vacancies in elective positions on the board; to remove certain redundant provisions of law relative to the board; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 17:1(D) is hereby amended and reenacted to read as follows: §1. State Board of Elementary and Secondary Education; creation;

membership; terms of office; vacancies * * *

D.(1) Within twenty-four hours after being informed of a vacancy in an appointed position on the board, the president of the board or the officer

exercising his duties shall notify the governor by certified mail of the vacancy and the effective date thereof. A vacancy in the office of an elected member, if the unexpired portion of the term is more than one year, shall be filled for the remainder of the term by special election to be called by the governor and to be held to coincide with the next scheduled districtwide election to be held more than ninety days and less than one year after the effective date of the vacancy. If no such election is scheduled to be held, the special election shall be held more than ninety days and less than one hundred twenty days after the effective date of the vacancy on call of the governor. Any other vacancy in an appointed position on the board shall be filled for the unexpired portion of the term by appointment by the governor within thirty days after the effective date of the vacancy.

(2)(a) If a vacancy occurs in the office of an elected member of the board, the governor shall be notified of the vacancy in accordance with the applicable provisions of the Louisiana Election Code.

(b) If a vacancy occurs in the office of an elected member of the board and the remaining portion of the term is more than one year, the special election to fill the vacancy shall be ordered and held in accordance with the applicable provisions of the Louisiana Election Code.

Section 2. R.S. 17:2 is hereby repealed in its entirety.Approved by the Governor, May 19, 2016.



ACT No. 107- - -

HOUSE BILL NO. 284BY REPRESENTATIVE FOIL

AN ACTTo amend and reenact R.S. 12:1-1007(A) and (C) and 1-1621(D), relative

to the business filings of corporations; to require restated articles of incorporation to include the original articles of incorporation; to remove the grace period relative to filing corrected annual reports; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 12:1-1007(A) and (C) and 1-1621(D) are hereby amended and

reenacted to read as follows: §1-1007. Restated articles of incorporationA. A corporation’s board of directors may restate its articles of

incorporation at any time, with or without shareholder approval, to consolidate the articles of incorporation and all amendments into a single document.

* * *C. A corporation that restates its articles of incorporation shall deliver to

the secretary of state for filing articles of restatement setting forth the name of the corporation and the text of the restated articles of incorporation the entire text of the original articles as amended by all amendments, together with a certificate which states that the restated articles consolidate the articles of incorporation and all amendments into a single document and, if a new amendment is included in the restated articles, which also includes the statements required under R.S. 12:1-1006.

* * *§1-1621. Annual report for secretary of state

* * *D. If an annual report does not contain the information required by this

Section, the secretary of state shall promptly notify the corporation in writing and return the report to it for correction. If the report is corrected to contain the information required by this Section and delivered to the secretary of state within thirty days after the effective date of notice, it is deemed to be timely filed.




ACT No. 108- - -


(On Recommendation of the Louisiana State Law Institute)AN ACT

To amend and reenact R.S. 19:2.2(B) and (C) and to enact R.S. 19:2.2(D), relative to expropriation by certain expropriating authorities under certain circumstances; to require notice to property owners by certain expropriation authorities; to require for disclosures of certain information to property owners under certain circumstances; to provide for an effective date; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 19:2.2(B) and (C) are hereby amended and reenacted and

R.S. 19:2.2(D) is hereby enacted to read as follows: §2.2. Expropriation by expropriating authorities referred to in R.S. 19:2

THE ADVOCATEPAGE 45


* * *B. Not more than thirty days after making an offer to acquire an interest

in property, if no agreement has been reached with the property owner, each expropriating authority identified in R.S. 19.2, other than the state or its political corporations or subdivisions, shall provide to the property owner a notice that includes all of the following:

(1) A statement that the property owner is entitled to receive just compensation for the property to be acquired to the fullest extent allowed by law.

(2) A statement that the property may be expropriated only by an authority authorized by law to do so.

(3) A statement that the property owner is entitled to receive from the expropriating authority a written appraisal or evaluation of the amount of compensation due.

(4) A statement identifying the website of the expropriating authority where the property owner can read the expropriation statutes upon which the expropriating authority relies or a copy of the expropriation statutes upon which the expropriating authority relies.

(5) A statement offering to provide upon request of the property owner a copy of the expropriation statutes upon which the expropriating authority relies.

(6) A statement identifying an agency responsible for regulating the expropriating authority, including the name, website, and telephone number of the agency.

(7) A statement that the property owner may hire an agent or attorney to negotiate with the expropriating authority and an attorney to represent the property owner in any legal proceedings involving the expropriation.

C. In addition to the requirements of Subsection A of this Section, each expropriating authority other than the state or its political corporations or subdivisions shall, at least thirty days prior to the filing of a petition for expropriation, send a letter by certified mail, return receipt requested, to the owner at his last known address setting forth in detail or attaching the following:

(1) The basis on which the expropriating authority exercises its power.(2) The purpose, terms, and conditions of the proposed acquisition.(3) The compensation to be paid for the rights sought to be acquired.(4) A complete copy of all appraisals of, or including, the subject property

previously obtained by the expropriating authority.(5) A plat of survey signed by a Louisiana licensed surveyor illustrating

the proposed location and boundary of the proposed acquisition, and any temporary servitude or work spaces. If the expropriating authority is unable to obtain access to the property for formal surveying, a plat that fairly identifies the proposed boundary and servitude may be utilized.

(6) A description and proposed location of any proposed above-ground facilities to be located on the property.

(7) A statement by the entity of considerations for the proposed route or area to be acquired.

C.D. Prior to exercising the rights of expropriation provided by R.S. 19:2, the state or any of its departments, offices, boards, commissions, agencies, or instrumentalities, except the Department of Transportation and Development, and except political subdivisions, but specifically including levee districts and their boards, shall, upon request of the owner whose property is to be taken, provide the owner with the results of tests by the Louisiana Geological Survey that show whether or not sand or gravel is present in the property. The test shall be done at no cost to the property owner.

Section 2. The provisions of this Act shall become effective on January 1, 2017.



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ACT No. 109- - -

HOUSE BILL NO. 331BY REPRESENTATIVE GREGORY MILLER

AN ACTTo amend and reenact R.S. 13:850(A), (B), and (C) and 2562.25(A), (B), and

(C) and Code of Criminal Procedure Article 14.1(A), (B), and (C), relative to the filing of certain documents in civil and criminal court; to provide procedures and requirements for facsimile filing; to provide for the effectiveness of filing; to provide for the payment of filing fees; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 13:850(A), (B), and (C) and 2562.25(A), (B), and (C) are hereby

amended and reenacted to read as follows: §850. Facsimile transmission; filings in civil actions; fees; equipment and

suppliesA. Any paper document in a civil action may be filed with the clerk of

court by facsimile transmission. All clerks of court shall make available for their use equipment to accommodate facsimile filing in civil actions. Filing shall be deemed complete at the time that the facsimile transmission is received and a receipt of transmission has been transmitted to the sender by the clerk of court. No later than on the first business day after receiving

a facsimile filing, the clerk of court shall transmit to the filing party via facsimile a confirmation of receipt and include a statement of the fees for the facsimile filing and filing of the original document. The facsimile filing fee and transmission fee are incurred upon receipt of the facsimile filing by the clerk of court and payable as provided in Subsection B of this Section. The facsimile when filed has filing shall have the same force and effect as filing the original document, if the filing party complies with Subsection B of this Section.

B. Within seven days, exclusive of legal holidays, after the clerk of court has received the transmission, the party filing the document shall forward the following to receives the facsimile filing, all of the following shall be delivered to the clerk of court:

(1) The original signed document identical to the facsimile filing in number of pages and in content of each page including any attachments, exhibits, and orders. A document not identical to the facsimile filing or which includes pages not included in the facsimile filing shall not be considered the original document.

(2) The applicable filing fee fees for the facsimile filing and filing of the original document stated on the confirmation of receipt, if any.

(3) A transmission fee of five dollars.C. If the filing party fails to comply with any of the requirements of

Subsection B of this Section, the facsimile filing shall have no force or effect. The various district courts may provide by court rule for other matters related to filings by facsimile transmission.

* * *§2562.25. Facsimile transmission; filings in civil actions; fees; equipment

and suppliesA. Any document in a civil action may be filed with the clerk of court

for the First and Second Parish Courts of Jefferson Parish by facsimile transmission. The clerk of court of the parish of Jefferson as the ex officio clerk of court for the First and Second Parish Courts of Jefferson Parish shall make available for his use equipment to accommodate facsimile filing in civil actions. Filing shall be deemed complete at the time that the facsimile transmission is received and a receipt of transmission has been transmitted to the sender by the clerk of court. No later than on the first business day after receiving a facsimile filing, the clerk of court shall transmit to the filing party via facsimile a confirmation of receipt and include a statement of the fees for the facsimile filing and filing of the original document. The facsimile filing fee and transmission fee are incurred upon receipt of the facsimile filing by the clerk of court and payable as provided in Subsection B of this Section. The facsimile filing when filed has shall have the same force and effect as filing the original document, if the party complies with Subsection B of this Section.

B. Within five seven days, exclusive of legal holidays, after the clerk of court has received the transmission, the party filing the document shall forward the following to receives the facsimile filing, all of the following shall be delivered to the clerk of court:



(3) A transmission fee of five dollars.C. If the filing party fails to comply with any of the requirements of

Subsection B of this Section, the facsimile filing shall have no force or effect. The First and Second Parish Courts of Jefferson Parish may provide by court rule for other matters related to filings by facsimile transmission.

* * *Section 2. Code of Criminal Procedure Article 14.1(A), (B), and (C) are

hereby amended and reenacted to read as follows:Art. 14.1. Filing of pleadings and documents by facsimile transmissionA. Any pleading or document filed in response to a traffic or criminal action

may be filed with the clerk of court by facsimile transmission if permitted by the policy of the clerk of court. Upon receipt of the transmission, Filing shall be deemed complete at the time the facsimile transmission is received by the clerk of court. No later than on the first business day after receiving a facsimile filing, the clerk of court shall cause transmit to the filing party via facsimile a confirmation of receipt of transmission to be transmitted to the sender when such and include a statement of the fees for the facsimile filing and filing of the original document. is received in the office of the clerk of court. Such filing shall be deemed complete at the time when the facsimile transmission is received and the receipt of transmission has been transmitted to the sender. When filed, the The facsimile filing fee and transmission fee are incurred upon receipt of the facsimile filing by the clerk of court and payable as provided in Subsection B of this Section. The facsimile transmission filing shall have the same force and effect as filing the original document, if the party complies with Paragraph B of this Article from which the transmission was made.

B. Within five seven days, exclusive of legal holidays, after the clerk of court has received the transmission and the sender has received notification of such receipt, the party filing the facsimile transmitted document shall forward the following receives the facsimile filing, all of the following shall be delivered to the clerk of court:

THE ADVOCATEPAGE 46




(3) A transmission fee of five dollars, if the defendant had not been declared indigent by the court.

C. If a the filing party who has made a filing through facsimile transmission with the court fails to comply with the provisions of Paragraph B of this Article any of the requirements of Paragraph B of this Article, the facsimile file filing shall have no force or effect.




ACT No. 110- - -

HOUSE BILL NO. 350BY REPRESENTATIVE HILFERTY

AN ACTTo amend and reenact Civil Code Article 2995 and Code of Civil Procedure

Article 4568 and to enact Civil Code Article 2997(7) and Code of Civil Procedure Articles 3601(E), 4565(B)(7), 4566(J), and 4570 and R.S. 9:3851(E), relative to persons; to provide with respect to interdicted persons; to provide relative to persons subject to mandate; to provide for duties and restrictions of curators, undercurators, and mandataries; to provide with respect to injunctions; to provide for an effective date; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. Civil Code Article 2995 is hereby amended and reenacted and

Civil Code Article 2997(7) is hereby enacted to read as follows:Art. 2995. Incidental, necessary, or professional actsThe mandatary may perform all acts that are incidental to or necessary for

the performance of the mandate.The authority granted to a mandatary to perform an act that is an ordinary

part of his profession or calling, or an act that follows from the nature of his profession or calling, need not be specified.

A mandatary shall not prevent or limit reasonable communication, visitation, or interaction between a principal who is over the age of eighteen years and another person without prior court approval, to be granted only upon a showing of good cause by the mandatary, unless express authority has been provided pursuant to Civil Code Article 2997(7).

* * *Art. 2997. Express authority requiredAuthority also must be given expressly to:(1) Make an inter vivos donation, either outright or to a new or existing

trust or other custodial arrangement, and, when also expressly so provided, to impose such conditions on the donation, including, without limitation, the power to revoke, that are not contrary to the other express terms of the mandate.

(2) Accept or renounce a succession.(3) Contract a loan, acknowledge or make remission of a debt, or become

a surety.(4) Draw or endorse promissory notes and negotiable instruments.(5) Enter into a compromise or refer a matter to arbitration.(6) Make health care decisions, such as surgery, medical expenses, nursing

home residency, and medication.(7) Prevent or limit reasonable communication, visitation, or interaction

between the principal and a relative by blood, adoption, or affinity within the third degree, or another individual who has a relationship based on or productive of strong affection.

Section 2. Code of Civil Procedure Article 4568 is hereby amended and reenacted and Code of Civil Procedure Articles 3601(E), 4565(B)(7), 4566(J), and 4570 are hereby enacted to read as follows:

Art. 3601. Injunction, grounds for issuance; preliminary injunction; temporary restraining order

* * *E. The irreparable injury, loss, or damage enumerated in Paragraph A

of this Article may result from the isolation of an individual over the age of eighteen years by any other individual, curator, or mandatary, including but not limited to violations of Civil Code Article 2995 or Code of Civil Procedure Article 4566(J).

* * *Art. 4565. Undercurators

* * *B. The undercurator shall:

* * *(7) Move to appoint a successor for a curator who violates any of the

provisions of Code of Civil Procedure Article 4566.* * *

Art. 4566. Management of affairs of the interdict* * *

J. A curator shall allow communication, visitation, and interaction between an interdict who is over the age of eighteen years and a relative of the interdict by blood, adoption, or affinity within the third degree, or another individual who has a relationship with the interdict based on or productive of strong affection if it would serve the best interest of the interdict.

* * *Art. 4568. Removal of a curator or undercuratorOn motion of any interested person, or on its own motion, the court may

remove a curator or undercurator from office for good cause. Good cause may include but not be limited to a violation of Code of Civil Procedure Article 4566(J).

Unless otherwise ordered by the court, removal of the curator or undercurator by the court is effective upon qualification of the appointed successor.

* * *Art. 4570. Cause of action for visitation with the interdictA. Any relative of an interdict by blood, adoption, or affinity within the

third degree, or an individual who has a relationship with the interdict based on or productive of strong affection may file a rule to show cause seeking visitation, communication, or interaction with an interdict who is over the age of eighteen years.

B. Any person filing a cause of action pursuant to Paragraph A of this Article may request an expedited hearing on the cause of action, and upon showing of good cause, shall be entitled to an expedited hearing.

C. Good cause shall include but is not limited to a showing that the interdict suffers from an illness or condition because of which he is not likely to survive beyond six months.

Section 3. R.S. 9:3851(E) is hereby enacted to read as follows:§3851. Who may file; petition contents; service; venue

* * *E. On motion of any interested person or on its own motion, the court may

review the acts of a mandatary and for good cause, grant any relief provided in R.S. 9:3854 or Code of Civil Procedure Article 3605. Good cause shall include but not be limited to a violation of Civil Code Article 2995.




- - - - - - - -

ACT No. 111- - -

HOUSE BILL NO. 366BY REPRESENTATIVE ADAMS

AN ACTTo amend and reenact R.S. 15:574.4.2(A)(2)(e), relative to parole supervision

fees; to provide for a maximum fee for parole supervision; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 15:574.4.2(A)(2)(e) is hereby amended and reenacted to read

as follows: §574.4.2. Decisions of committee on parole; nature, order, and conditions

of parole; rules of conduct; infectious disease testingA.

* * *(2) The committee may also require, either at the time of his release on

parole or at any time while he remains on parole, that he conform to any of the following conditions of parole which are deemed appropriate to the circumstances of the particular case:

* * *(e) Pay supervision fees set by the Department of Public Safety and

Corrections as provided by law to the Department of Public Safety and Corrections in an amount not to exceed sixty-three dollars based upon his ability to pay as determined by the committee on parole. Payments are due on the first day of each month.




THE ADVOCATEPAGE 47


ACT No. 112- - -

HOUSE BILL NO. 389BY REPRESENTATIVE JONES

AN ACTTo amend and reenact R.S. 13:2488.1(A), relative to the City Court of the town

of Franklin; to provide relative to the territorial jurisdiction of the court; and to provide for related matters.


follows: §2488.1. City Court of Franklin; officials and employees; provisions

governing A.(1) Effective September 1, 1968 the offices of the justice of the peace

and constable in Ward Three of St. Mary Parish, Louisiana, and the Mayor’s Court in the town of Franklin, St. Mary Parish, Louisiana, are abolished and there is hereby established and created a court to be styled the City Court of the town of Franklin, Louisiana, the.

(2)(a) The territorial jurisdiction of which the court shall extend throughout the town of Franklin, Louisiana and throughout the whole of Ward Three of St. Mary Parish, Louisiana.

(b) In addition to the area provided in Subparagraph (a) of this Paragraph, the territorial jurisdiction of the court shall extend throughout the portions of Ward Ten of St. Mary Parish that are east of the Charenton Drainage and Navigation Canal and south of Bayou Teche. In such portions of Ward Ten that are outside of the town of Franklin, the court shall have jurisdiction concurrent with the justice of the peace in those cases in which the justice of the peace would have jurisdiction.

(3) The court shall be composed of a city judge, a marshal and a clerk of said the court. The offices of city judge and marshal shall be filled initially by election by the qualified electors of Ward Three of St. Mary Parish, Louisiana at the general election for Representatives in Congress to be held in Louisiana on the first Tuesday next following the first Monday in November, 1968. The city judge and marshal then elected shall serve a term to commence on January 1, 1969 and they shall serve until their successors are elected at the congressional election of 1972, and successor judges and marshals shall be elected at the congressional election every six years thereafter. The court shall be domiciled in Franklin, St. Mary Parish, Louisiana.




ACT No. 113- - -

HOUSE BILL NO. 403BY REPRESENTATIVE SMITH

AN ACTTo amend and reenact R.S. 15:1199.4(C), (D)(introductory paragraph), (E)

(introductory paragraph) and (6), and (G) and to enact R.S. 15:1199.4(D)(8), (9), and (10) and (E)(7) through (12), relative to the reentry advisory council; to provide for additional members to the council; to provide for the nominating criteria for the additional members; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 15:1199.4(C), (D)(introductory paragraph), (E)(introductory

paragraph) and (6), and (G) are hereby amended and reenacted and R.S. 15:1199.4(D)(8), (9), and (10) and (E)(7) through (12) are hereby enacted to read as follows:

§1199.4. Reentry Advisory Council; creation; members; powers and duties* * *

C. The council shall be comprised of thirteen twenty-two members.D. Seven Ten members of the council shall be comprised as follows:

* * *(8) The executive director for the Louisiana Housing Corporation, or his

designee.(9) The chief justice of the Louisiana State Supreme Court, or his designee.(10) The secretary of the Department of Public Safety and Corrections shall

appoint one member from the Department of Public Safety and Corrections medical staff.

E. The governor shall appoint six twelve members in accordance with the following provisions:

* * *(6) One member shall be appointed from a list of three members nominated

by the Louisiana Chaplains’ Association or the Louisiana Interchurch Conference.

(7) One member shall be appointed from a list of three nominations from the Louisiana District Attorneys’ Association,

(8) One member shall be appointed from a list of three nominations from the Louisiana Public Defender Board.

(9) One member shall be appointed from a list of three nominations from the Louisiana District Judges’ Association.

(10) One member shall be appointed from a list of three nominations from the committee on parole.

(11) One member shall be appointed from a list of three nominations from a victim’s advocacy group.

(12) One member shall be appointed from a list of three nominations of ex-offenders.

* * *G. Seven Twelve members shall constitute a quorum, and all actions of

the council shall require the affirmative vote of the majority of the members present.




ACT No. 114- - -

HOUSE BILL NO. 423BY REPRESENTATIVE BISHOP

AN ACTTo amend and reenact R.S. 56:637(B) and (E), relative to reptiles and

amphibians; to provide for records required for the transfer or sale of reptiles and amphibians; to provide for the completion and return of commercial receipt forms; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 56:637(B) and (E) are hereby amended and reenacted to

read as follows:§637. Records

* * *B. Such records Records required by this Section shall be maintained for

three years and shall be open to inspection by the department.* * *

E. Any wholesale/retail dealer who purchases reptiles or amphibians shall give one part of a three-part receipt form to the collector at the time of the sale, shall retain one part, and shall submit one part shall be submitted to the secretary of the department complete a commercial receipt form and return all commercial receipt forms to the department in the same manner as provided in R.S. 56:306.5(B) and 306.6.



- - - - - - - -

ACT No. 115- - -

HOUSE BILL NO. 447BY REPRESENTATIVE GREGORY MILLER

AN ACTTo amend and reenact Civil Code Article 355, relative to continuing

tutorships; to provide for procedures for continuing tutorships; to provide relative to certain costs; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. Civil Code Article 355 is hereby amended and reenacted to read

as follows: Art. 355. Petition for continuing or permanent tutorship When a person above the age of fifteen possesses less than two-thirds

of the average mental ability intellectual functioning of a normal person of the same age with average intellectual functioning, evidenced by standard testing procedures administered by competent persons or other relevant evidence acceptable to the court, the parents of such person, or the person entitled to custody or tutorship if one or both parents be are dead, incapacitated, or an absent person, or if the parents be are judicially separated or divorced, may, with the concurrence of the coroner of the parish of the mentally deficient intellectually disabled person’s domicile, petition the court of that district to place such person under a continuing tutorship which shall not automatically end at any age but shall continue until revoked by the court of domicile. The petitioner shall not bear the coroner’s costs or fees associated with securing the coroner’s concurrence.



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ACT No. 116- - -


AN ACTTo amend and reenact R.S. 35:15(A)(4) and 16(B) and (C), relative to notaries

public; to provide relative to the revocation of notarial commissions; to provide for revocation of a notarial commission under certain

THE ADVOCATEPAGE 48


circumstances; to provide for notification to the attorney general; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 35:15(A)(4) and 16(B) and (C) are hereby amended and

reenacted to read as follows:§15. Revocation or suspension of notarial commission or authority to

exercise notarial powersA. A notary public who is not an attorney may have his notarial commission

and powers revoked or suspended when it is demonstrated, by clear and convincing evidence after a rule to show cause, that the notary has engaged in any of the following:

* * *(4) Certifying Officially certifying as true what he knew or should have

known was false.* * *

§16. Administrative revocation of notarial commission or authority* * *

B. If the suspension arises from failure of the notary to be registered as a voter in his parish of commission, the notice of suspension shall give the notary public ten days from the date of receipt to register as a voter in the parish of his commission. If the notary public fails to do so, the secretary of state shall notify the attorney general or the district attorney of the parish in which the notary is commissioned for the purpose of instituting a rule to show cause to revoke the commission pursuant to R.S. 35:15.

C. If the suspension arises from conviction of a felony, the period of suspension shall continue until the conviction is final and all appellate review of the original trial court proceedings has been exhausted. If the conviction is reversed upon appeal, or if a pardon is issued for the conviction, the suspension shall terminate and the commission shall be reinstated. When the conviction is final and all appellate review of the original trial court proceedings is exhausted, and if no pardon has been issued, the secretary of state shall notify the attorney general or the district attorney of the parish in which the notary is commissioned for the purpose of instituting a rule to show cause to revoke the commission pursuant to R.S. 35:15.



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ACT No. 117- - -

HOUSE BILL NO. 482BY REPRESENTATIVES JEFFERSON, AMEDEE, BACALA, BAGNERIS,

BARRAS, BERTHELOT, BILLIOT, BISHOP, BOUIE, BROADWATER, TERRY BROWN, CARMODY, CARPENTER, ROBBY CARTER, STEVE CARTER, CHANEY, CONNICK, COX, CROMER, DAVIS, DEVILLIER, EDMONDS, FALCONER, GAINES, GAROFALO, GISCLAIR, JIMMY HARRIS, LANCE HARRIS, HAZEL, HILFERTY, HOFFMANN, HORTON, HOWARD, HUNTER, JACKSON, JENKINS, MIKE JOHNSON, ROBERT JOHNSON, NANCY LANDRY, LEBAS, LOPINTO, LYONS, MAGEE, MARCELLE, MIGUEZ, JIM MORRIS, NORTON, PEARSON, POPE, PRICE, PYLANT, REYNOLDS, SCHEXNAYDER, SCHRODER, SEABAUGH, SMITH, STOKES, WHITE, WILLMOTT, AND ZERINGUE AND SENATORS BISHOP, BOUDREAUX, BROWN, ERDEY, LUNEAU, MILLS, AND WALSWORTH

AN ACTTo enact Chapter 35-A of Title 46 of the Louisiana Revised Statutes of 1950, to

be comprised of R.S. 46:2431 through 2434, relative to foster care; to create and provide for the Foster Care and Permanence Task Force; to provide for the composition, functions, and duties of the task force; to provide for termination of the task force; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. Chapter 35-A of Title 46 of the Louisiana Revised Statutes of

1950, comprised of R.S. 46:2431 through 2434, is hereby enacted to read as follows:

CHAPTER 35-A. FOSTER CARE AND PERMANENCE TASK FORCE§2431. Declaration; purposeA. The legislature hereby declares that the interests of the most vulnerable

children of this state are best served through policies designed to create lasting connections for children who spend time in the state’s foster care system.

B. The purpose of this Chapter is to create and provide for a task force to study and make recommendations concerning best practices for achieving permanency for foster children.

§2432. Task Force; creation; composition; meetingsA. There is hereby created the Foster Care and Permanence Task Force,

referred to hereafter as the “task force”, which shall be composed of the following members:

(1) Two members representing the Department of Children and Family Services appointed by the secretary of the department, one of whom shall be a representative of the foster care program of the office of children and family services.

(2) The dean of the Southern University Nelson Mandela School of Public Policy or his designee.

(3) The director of the Louisiana State University School of Social Work or his designee.

(4) The executive director of the National Association of Social Workers, Louisiana Chapter, or his designee.

(5) The president of LouisianaChildren.org or his designee.(6) The executive director of the Louisiana Foster and Adoptive Parent

Association or his designee.(7) A person who has served as a relative caretaker for a child in foster

care appointed by the secretary of the Department of Children and Family Services.

B. The secretary of the Department of Children and Family Services shall take such actions as are necessary to ensure that the initial convening of the task force occurs no later than October 1, 2016.

C. The task force members shall select a chairman annually, and he shall serve as chairman without salary.

D. Task force members shall serve without compensation, except per diem or expense reimbursement to which they may be individually entitled by their respective employer organizations.

E. The task force shall hold at least two public meetings each year at a place designated by the chairman.

§2433. Functions and duties of the task forceA. The functions of the task force shall include all of the following:(1) Examination of means and best practices to ensure that foster children

and adoptive children are placed in homes that can become permanent placements when reunification is not possible, thereby reducing the number of children who are moved repeatedly among different homes.

(2) Identification of means by which to assess persons applying to be foster parents, adoptive parents, and relative caretakers.

(3) Examination of means and best practices to encourage recruitment and retention of foster parents and relative caretakers.

(4) Examination of means to facilitate provision to foster parents and adoptive parents of all available information about a foster child’s behavior before the child is placed with the foster or adoptive parents.

(5) Recommendation of means by which to ensure that adoption subsidies remain sufficient to meet the needs of an adoptive child and his adoptive parents as the child grows older.

(6) Recommendation of means by which to improve the rate of permanency among young people who are fourteen years of age or older and are in the state foster care system or in residential placement.

(7) Recommendations for a process to mediate conflicts between foster or adoptive parents and child placement agencies or biological parents.

(8) Identification of laws and agency policies that unduly serve as barriers to permanency.

(9) Identification of barriers with respect to recruitment of a competent workforce and substitute caretaker network.

(10) Examination of barriers with respect to placement resources.B. On or before December 31, 2017, and semiannually thereafter, the task

force shall prepare and submit to the governor and the legislature a report on the status and well-being of children in foster care, with a particular focus on any policies and practices which are facilitating or could likely facilitate a greater degree of permanency for foster children. The report shall include any findings and recommendations derived from the functions specified in Subsection A of this Section.

§2434. TerminationThe provisions of this Chapter shall terminate on January 1, 2018, and

thereafter shall be null, void, and without effect.Approved by the Governor, May 19, 2016.



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