acts of 2019 legislature - the advocate

THE ADVOCATEPAGE 1

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

ACTS OF 2019 LEGISLATURE

Acts 114 - 184

ACT No. 114 ---

HOUSE BILL NO. 172BY REPRESENTATIVE PIERRE

An ACTTo enact R.S. 40:1603, relative to fire-resistant material applicators; to

provide for training, registration, and certification; to provide definitions; to provide for violations; to provide for fines; to provide for enforcement; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 40:1603 is hereby enacted to read as follows: §1603. Fire-resistant material applicators; registration; finesA. As used in this Section, the following terms shall have the meaning

ascribed as follows:(1) “Fire-resistant material” means cementitious or fibrous materials that

are sprayed onto a surface to provide fire-resistant protection of the substrate.(2) “Fire-resistant material applicator” means an individual who applies

fire-resistant material.B.(1) Every fire-resistant material applicator shall undergo training to

apply fire-resistant material according to manufacturer specifications.(2) Every fire-resistant material applicator shall annually register with the

office of the state fire marshal.(3) When a fire-resistant material applicator satisfactorily completes

training and registers as required by this Subsection, the state fire marshal shall issue a certificate which indicates that the fire-resistant material applicator is certified to apply fire-resistant material.

C. Any person applying fire-resistant material who does not receive the training, register, and obtain a certificate as required in Subsection B of this Section shall be fined up to two hundred-fifty dollars per violation.

D. The provisions of this Section shall be implemented, including a procedure for the appeal of penalties, and enforced pursuant to the Administrative Procedure Act.

Approved by the Governor, June 5, 2019.A true copy: R. Kyle Ardoin Secretary of State

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ACT No. 115 ---

HOUSE BILL NO. 226BY REPRESENTATIVE JIMMY HARRIS

An ACTTo amend and reenact Code of Evidence Article 702, relative to testimony by

experts; to provide relative to experts testifying on the issue of memory and eyewitness identification; to provide relative to limits on expert testimony; to provide relative to the admissibility of such testimony; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. Code of Evidence Article 702 is hereby amended and reenacted

to read as follows: Art. 702. Testimony by expertsA. A witness who is qualified as an expert by knowledge, skill, experience,

training, or education may testify in the form of an opinion or otherwise if:(1) The expert’s scientific, technical, or other specialized knowledge will

help the trier of fact to understand the evidence or to determine a fact in issue;

(2) The testimony is based on sufficient facts or data;(3) The testimony is the product of reliable principles and methods; and(4) The expert has reliably applied the principles and methods to the facts

of the case.B. This Article shall also govern expert witnesses on the issue of memory

and eyewitness identification. In a criminal case, if a party seeks to offer the testimony of a memory and eyewitness identification expert under this Article, such expert testimony may be considered for admission only if all provisions of Subparagraph A of this Article are satisfied. A memory and eyewitness identification expert’s testimony may not be admitted under this Article if there is physical or scientific evidence that corroborates the eyewitness identification of the defendant. An expert’s testimony admitted under this Paragraph shall not offer an opinion as to whether a witness’s

memory or eyewitness identification is accurate.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. 116 ---

HOUSE BILL NO. 239BY REPRESENTATIVE JIMMY HARRIS AND

SENATOR WALSWORTHAn ACT

To enact R.S. 17:270(B)(3)(e), relative to instruction in personal financial management for students; to provide that such instruction include information relative to student loan borrowing; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 17:270(B)(3)(e) is hereby enacted to read as follows:§270. Personal financial management; required instruction

* * *B.

* * *(3) The State Board of Elementary and Secondary Education shall adopt

rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section. Such rules and regulations shall require that the instruction include the following components:

* * *(e) The process and responsibilities, including repayment and default, of

borrowing money to fund postsecondary education opportunities.* * *


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ACT No. 117 ---

HOUSE BILL NO. 320BY REPRESENTATIVES SIMON AND FOIL

An ACTTo amend and reenact R.S. 17:173(A)(2)(introductory paragraph), (B), and (C),

relative to behavioral health services for students; to provide relative to applied behavior analysis services provided to students when requested by parents or legal guardians; to provide for definitions; to provide for related policies adopted by public school governing authorities; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 17:173(A)(2)(introductory paragraph), (B), and (C) are hereby

amended and reenacted to read as follows: §173. Behavioral health services for studentsA.

* * *(2) Not later than January 1, 2019, each Each public school governing

authority shall adopt and make available to the public a policy to implement the provisions of this Section and such policy, at a minimum, shall provide that:

* * *B. For purposes of this Section, the following terms shall have the following

meanings:(1) “Applied behavior analysis provider” shall mean a provider who is

licensed, certified, or registered by the Louisiana Behavior Analyst Board and is in good standing to provide applied behavior analysis services.

(2) “Applied behavior analysis services” shall include the design, implementation, and evaluation of systematic instructional and environmental modifications by an applied behavior analysis provider to produce socially significant improvements in behavior as described in the Behavior Analyst Practice Act.

(1)(3) “Behavioral health evaluation” shall include but not be limited to the following criteria:

(a) Diagnosis.(b) Type of intervention.(c) Length of intervention.(d) Identification of a student’s goals.(e) Identification of impact of student behavior on a student’s educational

program.(f) Recommendations for applied behavior analysis services.

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(2)(4) “Behavioral health provider” shall mean a provider who is licensed by the Louisiana Department of Health or a health profession licensing board and is in good standing to provide behavioral health services in Louisiana including but not limited to a psychiatrist, psychologist, medical psychologist, licensed specialist in school psychology, marriage and family therapist, professional counselor, clinical social worker, applied behavior analysis provider, or a behavioral health provider organization licensed to provide behavioral health services in Louisiana.

(3)(5) “Behavioral health services” shall include but not be limited to individual psychotherapy, family psychotherapy, psychotropic medication management, community psychiatric support and treatment, and crisis intervention, and medically necessary applied behavior analysis services.

(4)(6) “Evaluator” shall mean a licensed psychiatrist, psychologist, medical psychologist, licensed specialist in school psychology, professional counselor, marriage and family therapist, or clinical social worker, or applied behavior analysis provider who is certified by the respective board of examiners in Louisiana to provide necessary evaluations and who is not an employee of the public school governing authority or the state Department of Education.

C. Nothing in this Section shall be construed to supersede any of the following:

(1) the The authority of a student’s Individualized Education Program team or Section 504 committee to determine appropriate services for a student pursuant to applicable federal and state law.

(2) The provisions of the Behavioral Health Services Provider Licensing Law or any regulation promulgated by the Louisiana Department of Health pursuant to that law.

(3) The provisions of the Behavior Analyst Practice Act.


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ACT No. 118 ---

HOUSE BILL NO. 345BY REPRESENTATIVES STOKES, ABRAMSON, ADAMS, ANDERS,

BACALA, BAGLEY, BARRAS, BERTHELOT, BILLIOT, BISHOP, BRASS, TERRY BROWN, CARMODY, GARY CARTER, ROBBY CARTER,

STEVE CARTER, CHANEY, CONNICK, COUSSAN, COX, DEVILLIER, DUBUISSON, DUPLESSIS, EMERSON, FALCONER, FOIL, GAROFALO,

GISCLAIR, GLOVER, JIMMY HARRIS, HENRY, HILFERTY, HILL, HOFFMANN, HORTON, HUVAL, JACKSON, JAMES, JEFFERSON,

ROBERT JOHNSON, JONES, JORDAN, LACOMBE, LEGER, LEOPOLD, LYONS, MACK, MARCELLE, MARINO, MCMAHEN, MOORE, PEARSON, POPE, PUGH, PYLANT, RICHARD, SCHEXNAYDER, SMITH, STAGNI,

STEFANSKI, TALBOT, THOMAS, AND ZERINGUEAn ACT

To enact R.S. 22:1028.1, relative to breast and ovarian cancer susceptibility screening; to require health insurance coverage for genetic screening for breast and ovarian cancer susceptibility for certain individuals; to provide for applicability; to provide for an effective date; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 22:1028.1 is hereby enacted to read as follows:§1028.1. Required coverage for breast and ovarian cancer susceptibility

screeningA. The legislature hereby finds that a woman’s lifetime risk of developing

breast or ovarian cancer is greatly increased if she inherits a harmful mutation in the BRCA1 or BRCA2 genes. Testing for the presence of BRCA1 or BRCA2 gene mutations may allow for interventions to reduce the risk for cancer or cancer-related death in women who are BRCA mutation carriers.

B.(1) Any health coverage plan delivered or issued for delivery in this state shall include coverage for the cost of the genetic testing of the BRCA1 and BRCA2 genes to detect an increased risk for breast and ovarian cancer when recommended by a healthcare provider in accordance with the United States Preventive Services Task Force recommendations for testing.

(2) The coverage provided in this Section may be subject to annual deductibles, coinsurance, and copayment provisions as are consistent with those established under the health coverage plan.

C. For purposes of this Section, “health coverage plan” means any hospital, health, or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, contract, or other agreement with a health maintenance organization or a preferred provider organization, health and accident insurance policy, or any other insurance contract of this type in this state, including a group insurance plan, a self-insurance plan, and the Office of Group Benefits programs. “Health coverage plan” shall not include a plan providing coverage for excepted benefits as defined in R.S. 22:1061, limited benefit health insurance plans, and short-term policies that have a term of less than twelve months.

Section 2(A). This Act shall become effective on January 1, 2020.(B) This Act shall apply to any new policy, contract, program, or health

coverage plan issued on and after January 1, 2020. Any policy, contract, or health coverage plan in effect prior to January 1, 2020, shall convert to conform to the provisions of this Act on or before the renewal date, but no

later than January 1, 2021.


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ACT No. 119 ---

HOUSE BILL NO. 347BY REPRESENTATIVES STOKES, ABRAMSON, ADAMS, AMEDEE,

ANDERS, ARMES, BACALA, BAGLEY, BARRAS, BERTHELOT, BILLIOT, BOURRIAQUE, BRASS, TERRY BROWN, CARMODY, GARY CARTER, ROBBY CARTER, STEVE CARTER, CHANEY, CONNICK, COUSSAN, COX, DEVILLIER, DUBUISSON, EDMONDS, EMERSON, FALCONER,

FOIL, GAINES, GAROFALO, GISCLAIR, GLOVER, GUINN, JIMMY HARRIS, LANCE HARRIS, HENRY, HILFERTY, HILL, HOFFMANN,

HORTON, HUVAL, JACKSON, JEFFERSON, MIKE JOHNSON, ROBERT JOHNSON, JONES, LACOMBE, TERRY LANDRY, LARVADAIN, LEBAS, LEGER, LEOPOLD, LYONS, MACK, MARCELLE, MARINO, MCMAHEN,

MIGUEZ, DUSTIN MILLER, MOORE, PEARSON, POPE, PUGH, PYLANT, RICHARD, SCHEXNAYDER, SMITH, STAGNI, STEFANSKI, TALBOT,

THOMAS, TURNER, WHITE, AND ZERINGUE AND SENATORS ALARIO, APPEL, BARROW, BISHOP, BOUDREAUX, CHABERT, COLOMB, CORTEZ, DONAHUE, ERDEY, FANNIN, GATTI, HENSGENS, HEWITT, LAMBERT, LONG, LUNEAU, MARTINY, MILKOVICH, MILLS, MIZELL, MORRELL,

PEACOCK, PETERSON, PRICE, RISER, GARY SMITH, JOHN SMITH, TARVER, THOMPSON, WALSWORTH, WARD, AND WHITE

An ACTTo amend and reenact R.S. 22:1077(B) and (F)(1) and to enact R.S. 22:1028.1

and 1077.2, relative to health insurance coverage for breast cancer; to require coverage for diagnostic imaging at the same level of coverage provided for screening mammograms; to define key terms; to provide for applicability; to provide for an effective date; to require coverage for a patient’s choice of medical and surgical treatments following a diagnosis of breast cancer; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 22:1077(B) and (F)(1) are hereby amended and reenacted and

R.S. 22:1028.1 and 1077.2 are hereby enacted to read as follows: §1028.1. Required coverage for diagnostic imagingA.(1) Any health coverage plan delivered or issued for delivery in this state

shall include coverage for diagnostic imaging at the same level of coverage provided for the minimum mammography examination pursuant to R.S. 22:1028.

(2) The health coverage plan may require a referral by the treating physician based on medical necessity for the diagnostic imaging to be eligible for the coverage required pursuant to Paragraph (1) of this Subsection.

(3) Any coverage required pursuant to the provisions of this Section shall not be subject to any policy or health coverage plan deductible amount.

B. For purposes of this Section:(1) “Diagnostic imaging” means a diagnostic mammogram or breast

ultrasound screening for breast cancer designed to evaluate an abnormality in the breast that is any of the following:

(a) Seen or suspected from a screening examination for breast cancer.(b) Detected by another means of examination.(c) Suspected based on the medical history or family medical history of the

individual.(2) “Health coverage plan” means any hospital, health, or medical expense

insurance policy, hospital or medical service contract, employee welfare benefit plan, contract, or other agreement with a health maintenance organization or a preferred provider organization, health and accident insurance policy, or any other insurance contract of this type in this state, including a group insurance plan, a self-insurance plan, and the Office of Group Benefits programs. “Health coverage plan” shall not include a plan providing coverage for excepted benefits as defined in R.S. 22:1061, limited benefit health insurance plans, and short-term policies that have a term of less than twelve months.

C. Any provision in a health insurance policy, benefit program, or health coverage plan delivered, renewed, issued for delivery, or otherwise contracted for in this state which is contrary to the provisions of this Section shall, to the extent of the conflict, be void.

* * *§1077. Required coverage for reconstructive surgery following mastectomies

* * *B. Any health benefit plan offered by a health insurance issuer that

provides medical and surgical benefits with respect to a partial mastectomy or a full unilateral or bilateral mastectomy shall also provide medical and surgical benefits for breast reconstruction. Such The coverage shall be for breast reconstruction procedures selected by the patient in consultation with attending physicians. The coverage provided in this Section may be subject to annual deductibles, coinsurance, and copayment provisions as are consistent with those established for mastectomy procedures under the health benefit plan. Written notice of the availability of coverage shall be delivered to the insured or enrollee upon enrollment and annually thereafter as approved by the commissioner of insurance.

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* * *F. For purposes of this Section:(1) “Breast reconstruction” means both of the following:(a) all All stages of reconstruction of the breast on which a unilateral

mastectomy has been performed and on the other breast to produce a symmetrical appearance, including but not limited to liposuction performed for transfer to a reconstructed breast or to repair a donor site deformity, tattooing the areola of the breast, surgical adjustments of the non-mastectomized breast, unforeseen medical complications which may require additional reconstruction in the future, and prostheses and physical complications, including but not limited to lymphedemas.

(b) All stages of reconstruction of both breasts if a bilateral mastectomy has been performed, including but not limited to liposuction performed for transfer to a reconstructed breast or to repair a donor site deformity, tattooing the areola of the breast, unforeseen medical complications which may require additional reconstruction in the future, and prostheses and physical complications, including but not limited to lymphedemas.

* * *§1077.2. Required coverage for a patient’s choice of medical and surgical

treatment following a diagnosis of breast cancerA. The legislature hereby finds all of the following:(1) Breast cancer was the most common cancer in Louisiana women from

2010 to 2014.(2) Between 2010 and 2014, the average annual incidence rate of female breast

cancer in Louisiana ranked twenty-ninth in the nation and approximately three thousand women will be diagnosed with breast cancer each year in Louisiana.

(3) The Carter Stokes Oral and Written Summary of Breast Cancer Treatment Alternatives and Access to Breast Reconstruction Surgery Information Law, R.S. 40:1103.1 et seq., requires the treating physician or surgeon to inform a patient diagnosed with any form of breast cancer of the alternative efficacious methods of treatment by discussing the alternative methods of treatment with the patient.

(4) Each woman facing breast cancer has to decide which treatment is right for her.

(5) Helping patients to maximize their autonomy in breast cancer decision-making is an important aspect of patient-centered care.

(6) Shared decision-making is a strategy that aims to maximize patient autonomy by integrating the values and preferences of the patient with the biomedical expertise of the physician.

B. The purpose of this Section is to stress that decisions regarding the treatment procedures to be performed following a diagnosis of breast cancer shall be made solely by the patient in consultation with attending physicians, and to clarify that all levels of medical and surgical treatment as provided for in this Section are medically necessary and shall not be excluded from coverage. Consulting physicians shall consider recognized, evidence-based standards such as the guidelines of the National Comprehensive Cancer Network in making treatment recommendations.

C.(1) Any health benefit plan offered by a health insurance issuer that provides medical and surgical benefits with respect to a partial mastectomy or a full unilateral or bilateral mastectomy shall provide coverage for the medical and surgical treatment and corresponding breast reconstruction chosen by a patient diagnosed with breast cancer in consultation with the attending physician regardless of whether a partial mastectomy or a full unilateral or bilateral mastectomy is chosen by the patient and physician.

(2) No health benefit plan offered by a health insurance issuer that provides medical and surgical benefits with respect to a partial mastectomy or a full unilateral or bilateral mastectomy shall deny coverage for those surgical procedures, including corresponding breast reconstruction, chosen by a patient diagnosed with breast cancer in consultation with the attending physician.

D. For purposes of this Section:(1) “Breast reconstruction” has the same meaning as provided in R.S.

22:1077.(2) “Health benefit plan” means any hospital, health, or medical expense

insurance policy, hospital or medical service contract, employee welfare benefit plan, contract, or other agreement with a health maintenance organization or a preferred provider organization, health and accident insurance policy, or any other insurance contract of this type in this state, including a group insurance plan, a self-insurance plan, and the Office of Group Benefits programs. “Health benefit plan” shall not include a plan providing coverage for excepted benefits as defined in R.S. 22:1061, limited benefit health insurance plans, and short-term policies that have a term of less than twelve months.

(3) “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 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.

Section 2.(A) This Act shall become effective on January 1, 2021.(B) This Act shall apply to any new policy, contract, program, or health

coverage plan issued on and after January 1, 2021. Any policy, contract, or health coverage plan in effect prior to January 1, 2021, shall convert to

conform to the provisions of this Act on or before the renewal date, but no later than January 1, 2022.


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ACT No. 120 ---

HOUSE BILL NO. 370BY REPRESENTATIVES STOKES, ABRAHAM, ABRAMSON, ADAMS,

AMEDEE, ARMES, BACALA, BAGLEY, BARRAS, BERTHELOT, BILLIOT, BISHOP, BRASS, TERRY BROWN, CARMODY, CARPENTER, GARY CARTER, ROBBY CARTER, STEVE CARTER, CHANEY, CONNICK,

COUSSAN, COX, DEVILLIER, DUBUISSON, DUPLESSIS, EMERSON, FALCONER, FOIL, FRANKLIN, GAINES, GAROFALO, GISCLAIR, GUINN, JIMMY HARRIS, LANCE HARRIS, HENRY, HILFERTY,

HILL, HOFFMANN, HORTON, HUVAL, JACKSON, JEFFERSON, MIKE JOHNSON, ROBERT JOHNSON, JONES, LACOMBE, TERRY LANDRY,

LARVADAIN, LEBAS, LEGER, LEOPOLD, LYONS, MARCELLE, MARINO, MCMAHEN, MOORE, PEARSON, POPE, PUGH, PYLANT, RICHARD,

SCHEXNAYDER, STAGNI, STEFANSKI, TALBOT, THOMAS, WHITE, AND ZERINGUE AND SENATORS ALARIO, APPEL, BARROW, BOUDREAUX,

CHABERT, CORTEZ, DONAHUE, ERDEY, FANNIN, GATTI, HEWITT, JOHNS, LONG, LUNEAU, MARTINY, MILKOVICH, MILLS, MIZELL, MORRELL, PETERSON, GARY SMITH, JOHN SMITH, THOMPSON,

WALSWORTH, AND WARDAn ACT

To amend and reenact R.S. 22:1053(A) and (D) and to enact R.S. 22:1053(E), (F), and (G), relative to prescription drug benefits for persons with stage-four advanced, metastatic cancer; to prohibit denial of a prescription based upon step therapy or fail first protocols; to provide for an exception; to require notification of prescriptions for associated conditions; to define key terms; to provide for an effective date; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 22:1053(A) and (D) are hereby amended and reenacted and

R.S. 22:1053(E), (F), and (G) are hereby enacted to read as follows: §1053. Requirement for coverage of step therapy or fail first protocolsA. Notwithstanding the provisions of R.S. 22:1047 to the contrary, any Any

health care coverage plan specified in Subsection D G of this Section which includes prescription benefits as part of its policy or contract, which utilizes step therapy or fail first protocols, and which is issued for delivery, delivered, renewed, or otherwise contracted for in this state on or after January 1, 2011, shall comply with the provisions of this Section.

* * *D. No health coverage plan shall use step therapy or fail first protocols as

the basis to restrict any prescription benefit for the treatment of stage-four advanced, metastatic cancer or associated conditions if at least one of the following criteria is met:

(1) The prescribed drug or drug regimen has the United States Food and Drug Administration approved indication.

(2) The prescribed drug or drug regimen has the National Comprehensive Cancer Network Drugs and Biologics Compendium indication.

(3) The prescribed drug or drug regimen is supported by peer-reviewed, evidenced-based medical literature.

E. The provisions of Subsection D of this Section shall not apply if the preferred drug or drug regimen is considered clinically equivalent for therapy, contains the identical active ingredient or ingredients, and is proven to have the same efficacy. For purposes of this Subsection, different salts proven to have the same efficacy shall not be considered as different active ingredients.

F. For drugs prescribed for associated conditions as defined in this Section, the treating healthcare provider shall inform the health coverage plan that the condition is a condition associated with stage-four advanced, metastatic cancer when requesting authorization.

G.(1)(a) As used in this Section, a “health coverage plan” shall mean any hospital, health, or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, contract or agreement with a health maintenance organization or a preferred provider organization, health and accident insurance policy, or any other insurance contract of this type, including a group insurance plan and the Office of Group Benefits programs.

(b) “Health coverage plan” shall include any plan that is subject to the provisions of this Section which is administered by a pharmacy benefit manager.

(2) As used in this Section, “stage-four advanced, metastatic cancer” means cancer that has spread from the lymph nodes or other areas or parts of the body.

(3) As used in this Section, “associated conditions” means the symptoms or side effects associated with stage-four advanced, metastatic cancer or its treatment.

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,

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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. 121 ---

HOUSE BILL NO. 492BY REPRESENTATIVES LARVADAIN, AMEDEE, ARMES, BRASS, TERRY BROWN, CARMODY, CARPENTER, GARY CARTER, COX,

DUPLESSIS, GAINES, GLOVER, JIMMY HARRIS, LANCE HARRIS, HOWARD, JAMES, JEFFERSON, JENKINS, MIKE JOHNSON, ROBERT JOHNSON, JORDAN, TERRY LANDRY, LYONS, MARCELLE, MARINO, MCFARLAND, MOORE, JAY MORRIS, NORTON, PIERRE, SEABAUGH,

AND SMITHAn ACT

To amend and reenact R.S. 15:572.8(H) and (N)(1) and (3) and to repeal Code of Civil Procedure Article 87, relative to compensation for wrongful conviction and imprisonment; to provide relative to the compensation received by the petitioner for the loss of life opportunities resulting from the time spent incarcerated; to provide relative to the purposes for which a person who is wrongfully convicted may receive compensation for loss of life opportunities; to provide relative to the Innocence Compensation Fund; to provide relative to the authority of the Louisiana Commission of Law Enforcement and Administration of Criminal Justice in this regard; to provide relative to the venue in which an application for compensation based upon wrongful conviction and imprisonment may be filed; to provide relative to changes made to R.S. 15:572.8(H)(1) and (2)(introductory paragraph) in Section 4 of Act No. 612 of the 2018 Regular Session of the Legislature and the repeal of R.S. 15:572.8(N) and (S) in Section 22 of Act No. 612 of the 2018 Regular Session of the Legislature; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 15:572.8(H) and (N)(1) and (3) are hereby amended and

reenacted to read as follows: §572.8. Compensation for wrongful conviction and imprisonment; petition

process; compensation; proof; assignment of powers and duties* * *

H.(1) After a contradictory hearing with the attorney general, the court shall render a decision as soon as practical. If, from its findings of fact, the court determines that the petitioner is entitled to compensation because he is found to be factually innocent of the crime of which he was convicted, it shall determine the amount of compensation due in accordance with the provisions of this Section, and it shall order payment to the petitioner from the Innocence Compensation Fund which shall be created specifically for the administration of awards under this Section.

(2) Compensation for the physical harm and injury suffered by the petitioner shall be calculated at a rate of twenty-five thousand dollars per year incarcerated, not to exceed a maximum total amount of two hundred fifty thousand dollars, for the physical harm and injury suffered by the petitioner to be paid at a rate of twenty-five thousand dollars annually. As

(3) In addition to the compensation provided in Paragraph (2) of this Subsection, the court shall order that the petitioner receive eighty thousand dollars total in compensation for the loss of life opportunities resulting from the time spent incarcerated, the court shall also review requests for payment and order payment, not to exceed eighty thousand dollars, which the court finds reasonable and appropriate and to cover expenses relating to job skills training, education, housing, and any other services the wrongfully convicted person may need. Any petitioner who has been awarded compensation pursuant to the provisions of this Paragraph and who has received a portion of the compensation prior to August 1, 2019, may file a petition prior to August 1, 2020, seeking the remainder of the compensation, not to exceed eighty thousand dollars total, authorized by the provisions of this Paragraph or be forever barred from filing the petition. Compensation ordered pursuant to the provisions of this Paragraph shall be paid from the Innocence Compensation Fund to:.

(a) Pay the costs of job-skills training for three years.(b) Pay for appropriate medically necessary medical and counseling

services for six years to the petitioner at a mutually agreed upon location at no charge to the petitioner, but only if such services are not available from a state or other public facility, clinic, or office that is reasonably accessible to the petitioner.

(c)(i) Provide expenses for tuition and fees at any community college or unit of the public university system of the state of Louisiana.

(ii) State aid in accordance with this Subparagraph shall include assistance in meeting any admission standards or criteria required at any of the applicable institutions, including but not limited to assistance in satisfying requirements for a certificate of equivalency of completion of secondary education and assistance in completing any adult education program or courses.

(iii) The right to receive aid in accordance with this Subparagraph shall

be for ten years after the release of a petitioner who qualifies for aid. State education aid shall continue for up to a total of five years of aid when initiated within the ten-year period or until the degree or program for which the petitioner is authorized is completed, whichever is less, as long as the petitioner makes satisfactory progress in the courses or program in which he is enrolled. Aid shall be available for completion of any degree or program which the petitioner chooses and which is available from the applicable institutions.

(3)(4) In determining the compensation owed to the petitioner, the court may not deduct any expenses incurred by the state or any of its political subdivisions in connection with the arrest, prosecution, conviction, and imprisonment of the petitioner for a crime of which the board finds he was factually innocent, including expense for food, clothing, shelter, and medical services.

(4)(5) A petitioner shall not be entitled to compensation for any portion of a sentence in prison during which he was also serving a concurrent sentence for the conviction of another crime.

* * *N.(1) There is hereby established a special fund in the state treasury a

special fund to be known as the Innocence Compensation Fund, hereinafter referred to as the “fund”. The fund shall be administered by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice. The source of monies for the fund shall be appropriations, donations, grants, and other monies which may become available for the purposes of the fund. Any judgment rendered pursuant to this Section shall be payable only from the fund established herein. No state agency, political subdivision, constitutional office, nor employee thereof shall be liable for any payment ordered pursuant to this Section.

* * *(3) Monies appropriated from the fund shall be used exclusively by the

court to compensate petitioners who are found to be factually innocent of the crime of which they were convicted, as provided in Subsection A of this Section.

* * *Section 2. Code of Civil Procedure Article 87 is hereby repealed in its

entirety.Section 3. It is the intent of the legislature that the changes made to R.S.

15:572.8(H)(1) and (2)(introductory paragraph) in Section 4 of Act No. 612 of the 2018 Regular Session of the Legislature and the repeal of R.S. 15:572.8(N) and (S) in Section 22 of Act No. 612 of the 2018 Regular Session of the Legislature shall never go into effect and that the provisions of this Act shall control. Therefore, notwithstanding the provisions of Section 25 of Act No. 612 of the 2018 Regular Session of the Legislature, the provisions of Section 4 of Act No. 612 of the 2018 Regular Session that amended and reenacted R.S. 15:572.8(H)(1) and (2)(introductory paragraph) and the provisions of Section 22 of Act No. 612 of the 2018 Regular Session that repealed R.S. 15:572.8(N) and (S) shall not become effective and are hereby repealed.


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ACT No. 122 ---

SENATE BILL NO. 107BY SENATORS GATTI, BISHOP, CARTER AND JOHNS AND

REPRESENTATIVES STAGNI AND HORTON Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the

Constitution of Louisiana.An ACT

To amend and reenact R.S. 40:1374 and to enact R.S. 23:1036.1 and R.S. 33:2581.2, relative to financial security for certain public employees; to provide for workers’ compensation; to provide for certain fire employees; to provide for certain volunteer firefighters; to provide for certain emergency medical services personnel; to provide for certain employees of police departments; to provide for certain employees of state police; to provide for posttraumatic stress injury as a compensable injury when the injury is suffered by certain employees; to provide for definitions; to provide for legal presumptions; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 23:1036.1 is hereby enacted to read as follows:§1036.1. Volunteer firefighters; coverage for posttraumatic stress injury;

presumption of compensabilityA. Any workers’ compensation policy which provides coverage for a volunteer

member of a fire company, pursuant to R.S. 23:1036, shall include coverage for posttraumatic stress injury.

B. For purposes of this Section, the following definitions shall apply:(1) “Posttraumatic stress injury” means those injuries which are defined

as “posttraumatic stress disorder” by the most recently published edition of the Diagnostic and Statistical Manual of Mental Disorders by the American Psychiatric Association caused by an event occurring in the course and scope of employment.

(2) “Psychiatrist” shall have the same meaning as it is defined pursuant to R.S. 23:1371.1.

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(3) “Psychologist” shall have the same meaning as it is defined pursuant to R.S. 23:1371.1.

(4) “Volunteer member” shall have the same meaning as it is defined pursuant to R.S. 23:1036.

(5) “Volunteer service” means that service performed by a volunteer member, for one or more fire companies, who is entitled to workers’ compensation benefits pursuant to R.S. 23:1036.

C.(1) Any volunteer member who is diagnosed by a psychiatrist or psychologist with posttraumatic stress injury, either during his period of voluntary service or thereafter, shall be presumed, prima facie, to have a disease or infirmity connected with his volunteer service.

(2) Once diagnosed with posttraumatic stress injury as provided for in Paragraph (1) of this Subsection, the volunteer member affected or his survivors shall be entitled to all rights and benefits as granted by state laws to one suffering an occupational disease and is entitled as service connected in the line of duty, regardless of whether he is engaged in volunteer service at the time of diagnosis.

D. A posttraumatic stress injury that arises solely from a legitimate personnel action such as a transfer, promotion, demotion, or termination, is not a compensable injury pursuant to this Chapter.

Section 2. R.S. 33:2581.2 is hereby enacted to read as follows:§2581.2. Posttraumatic Stress Injury; presumption of compensabilityA. Except as provided in Subsection E of this Section, any benefit payable to

any emergency medical services personnel, any employee of a police department, or any fire employee for temporary and permanent disability when the employee suffers an injury or disease arising out of and in the course and scope of his employment, shall include coverage for posttraumatic stress injury.

B. For purposes of this Section, the following definitions shall apply:(1) “Emergency medical services personnel” shall have the same meaning as

it is defined pursuant to R.S. 40:1075.3 so long as the emergency medical services personnel is employed pursuant to this Chapter.

(2) “Employee of a police department” shall have the same meaning as it is defined pursuant to R.S. 33:2211.

(3) “Fire employee” means any person employed in the fire department of any municipality, parish, or fire protection district that maintains full-time regularly paid fire department employment, regardless of the specific duties of such person within the fire department. “Fire employee” also includes employees of nonprofit corporations under contract with a fire protection district or other political subdivision to provide fire protection services, including operators of the fire-alarm system when such operators are members of the regularly constituted fire department.

(4) “Posttraumatic stress injury” means those injuries which are defined as “posttraumatic stress disorder” by the most recently published edition of the Diagnostic and Statistical Manual of Mental Disorders by the American Psychiatric Association caused by an event occurring in the course and scope of employment.



C. Except as provided in Subsection E of this Section:(1) Any emergency medical services personnel, any employee of a police

department, any fire employee, or any volunteer fireman who is diagnosed by a psychiatrist or psychologist with posttraumatic stress injury, either during employment in the classified service in the state of Louisiana pursuant to this Chapter or thereafter, shall be presumed, prima facie, to have a disease or infirmity connected with his employment.

(2) Once diagnosed with posttraumatic stress injury as provided for in Paragraph (1) of this Subsection, the employee affected or his survivors shall be entitled to all rights and benefits as granted by state law to one suffering an occupational disease and who is entitled as service connected in the line of duty, regardless of whether the employee is employed at the time of diagnosis.

D. A posttraumatic stress injury that arises solely from a legitimate personnel action such as a transfer, promotion, demotion, or termination, is not a compensable injury pursuant to this Chapter.

E. (1) Nothing in this Section shall modify the qualifications necessary to establish eligibility to receive benefits or the calculation of benefits to be paid under any Louisiana public pension or retirement system, plan, or fund.

(2) In case of a conflict between any provision of Title 11 of the Louisiana Revised Statutes of 1950, including any provision in Subpart E of Part II of Chapter 4 of Title 11 of the Louisiana Revised Statutes of 1950, and any provision of this Section, the provision of Title 11 of the Louisiana Revised Statutes of 1950 shall control.

Section 3. R.S. 40:1374 is hereby amended and reenacted to read as follows:§1374. Worker’s Workers’ compensation law; employees deemed within;

coverage for posttraumatic stress injury; presumption of compensabilityA. Every employee of the division of state police, except the head thereof,

shall be considered an employee of the state within the meaning of the worker’s workers’ compensation law of this state and entitled to the benefits of all the provisions of that law applicable to state employees.

B. Any workers’ compensation policy which provides coverage for an employee of the division of state police, pursuant to this Section, shall include coverage for posttraumatic stress injury.

C. For purposes of this Section, the following definitions shall apply:(1) “Posttraumatic stress injury” means those injuries which are defined

as “posttraumatic stress disorder” by the most recently published edition of

the Diagnostic and Statistical Manual of Mental Disorders by the American Psychiatric Association caused by an event occurring in the course and scope of employment.



D.(1) Any employee of the division of state police who is diagnosed by a psychiatrist or psychologist with posttraumatic stress injury, either during employment in the classified service in the state of Louisiana pursuant to this Chapter or thereafter, shall be presumed, prima facie, to have a disease or infirmity connected with his employment for purposes of workers’ compensation benefits.

(2) Once diagnosed with posttraumatic stress injury as provided for in Paragraph (1) of this Subsection, the employee affected or his survivors shall be entitled to all rights and benefits as granted by state workers’ compensation law to one suffering an occupational disease and is entitled as service connected in the line of duty, regardless of whether the employee is employed at the time of diagnosis.

E.(1) Nothing in this Section shall modify the qualifications necessary to establish eligibility to receive benefits or the calculation of benefits to be paid under any Louisiana public pension or retirement system, plan, or fund.

(2) In case of a conflict between any provision of Title 11 of the Louisiana Revised Statutes of 1950, including any provision in Subpart E of Part II of Chapter 4 of Title 11 of the Louisiana Revised Statutes of 1950, and any provision of this Section, the provision of Title 11 of the Louisiana Revised Statutes of 1950 shall control.

F. A posttraumatic stress injury that arises solely from a legitimate personnel action such as a transfer, promotion, demotion, or termination, is not a compensable injury pursuant to this Chapter.


ACT No. 123 ---

SENATE BILL NO. 129BY SENATORS COLOMB, CORTEZ, HEWITT, LONG, PRICE AND GARY SMITH AND REPRESENTATIVES BAGNERIS, BERTHELOT, BILLIOT,

DAVIS, DUBUISSON, DWIGHT, EDMONDS, HILFERTY, HUVAL, JACKSON, JENKINS, LARVADAIN, LYONS, MARCELLE, NORTON, PUGH,

SMITH, STAGNI AND WRIGHT Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the


To amend and reenact R.S. 32:218, relative to pedestrians; to provide for the solicitation of charitable contributions for charitable or civic nonprofit organizations by certain pedestrians standing in a roadway; to provide relative to the regulation of charitable solicitations on public roadways by a local municipal or parish authority; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 32:218 is hereby amended and reenacted to read as follows:§218. Pedestrians soliciting rides or businessA. No Subject to Subsection B of this Section, no person shall stand on a

public roadway for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle.

B.(1) Subject to the permission of the municipality or parish governing local municipal or parish authority in which the roadway is located, a member of a professional firefighters association, a police officer, or other nonprofit organization public safety officer shall not be prohibited by this Section nor any other provision of state law from standing on a public roadway for the purpose of soliciting contributions, as a member of such association, on behalf of bona fide charitable or civic organizations. during daylight hours, if all of the following are satisfied:

(a) The charitable or civic organization complies with applicable local government regulations. A local municipal or parish authority may enact or enforce regulations that restrict, but shall not prohibit, the activity described in this Subsection.

(b) The charitable or civic organization maintains at least five hundred thousand dollars in liability insurance.

(c) The person is eighteen years of age or older.(d) The person is wearing high-visibility safety apparel that meets current

American standards promulgated by the International Safety Equipment Association.

(e) The portion of the roadway upon which the solicitation occurs is not a work zone and is within an intersection where traffic control devices are present.

(2) A local municipal or parish authority with jurisdiction over a roadway upon which solicitation occurs as described in this Subsection shall not be liable for any claim for damages arising out of the use of the roadway as described in this Subsection.

(3) A person who violates this Subsection may be assessed a civil penalty.(4) As used in this Subsection, “charitable or civic organization” means a

nonprofit organization that is qualified under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, 26 U.S.C. 501, or a veteran’s organization that has tax-

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exempt status under the Internal Revenue Code.(5) A local municipal or parish authority that has enacted or is enforcing

regulations that are prohibited under this Subsection shall bring those regulations into compliance with this Subsection no later than sixty days following its effective date.

C. This Section shall be known as the Rivers Lacrouts Charitable Solicitation Act.


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ACT No. 124 ---

SENATE BILL NO. 41BY SENATOR MILLS AND REPRESENTATIVES ADAMS, AMEDEE,

ARMES, BAGNERIS, BERTHELOT, BILLIOT, BISHOP, CHAD BROWN, TERRY BROWN, ROBBY CARTER, STEVE CARTER, CHANEY, CONNICK,

COX, DAVIS, DEVILLIER, GISCLAIR, GUINN, JIMMY HARRIS, LANCE HARRIS, HILL, HOFFMANN, HORTON, HOWARD, JACKSON,

JEFFERSON, JENKINS, MIKE JOHNSON, JONES, MCMAHEN, MIGUEZ, DUSTIN MILLER, GREGORY MILLER, JAY MORRIS, PIERRE, PUGH,

PYLANT, SCHEXNAYDER, TURNER, WHITE AND ZERINGUE Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the


To amend and reenact R.S. 22:1863(2) and to enact R.S. 22:1863(9) and 1867, Part VII of Chapter 14 of Title 37 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 37:1252 through 1254, and Chapter 36 of Title 40 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 40:2861 through 2871, relative to regulation of pharmacy benefit managers; to provide legislative intent and public health policy; to provide for protection of the public; to provide for general applicability; to provide for licensure by the Louisiana Department of Insurance; to provide for permitting by the Louisiana Board of Pharmacy; to provide for minimum licensure and permit criteria; to provide for rulemaking; to provide for penalties; to provide for unfair trade practices; to provide for enforcement; to provide for authority of the attorney general; to provide for written notice; to provide for a hearing; to provide for an appeal; to provide for a cause of action under the Unfair Trade Practices and Consumer Protection Law; to provide for severability; to provide for an effective date; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 22:1863(2) is hereby amended and reenacted and R.S.

22:1863(9) and 1867 are hereby enacted to read as follows:§1863. DefinitionsAs used in this Subpart, the following definitions apply:

* * *(2) “Maximum Allowable Cost List” means a listing of the National Drug

Code used by a pharmacy benefit manager setting the maximum allowable cost on which reimbursement to a pharmacy or pharmacist may be based. “Maximum Allowable Cost List” shall include any term that a pharmacy benefit manager or a healthcare insurer may use to establish reimbursement rates for generic and multi-source brand drugs to a pharmacist or pharmacy for pharmacist services. The term “Maximum Allowable Cost List” shall not include any rate mutually agreed to and set forth in writing in the contract between the pharmacy benefit manager and the pharmacy or its agent and shall not include the National Average Drug Acquisition Cost. A pharmacy benefit manager may use effective rate pricing for a pharmacist or pharmacy that is not a local pharmacy or local pharmacist as defined in R.S. 46:460.36(A).

* * *(9) “Spread pricing” means any amount a pharmacy benefit manager charges

or claims from a health plan provider or managed care organization for payment of a prescription or for pharmacy services that is different than the amount the pharmacy benefit manager paid to the pharmacist or pharmacy who filled the prescription or provided the pharmacy services.

* * *§1867. Prohibition on spread pricing; notice exceptionA. A pharmacy benefit manager is prohibited from conducting or participating

in spread pricing in this state unless the pharmacy benefit manager provides written notice as provided in Subsection B of this Section.

B. The notice issued by a pharmacy benefit manager, or a health insurance issuer where the health insurance issuer has agreed to issue the notice, that utilizes spread pricing shall be:

(1) Required for each health insurance issuer or plan provider in which the pharmacy benefit manager engaged or participated in spread pricing.

(2) Delivered to the policy holder.(3) Provided at least biannually.(4) Indicative of the aggregate amount of spread pricing charged by the

pharmacy benefit manager during the period.(5) Written in plain, simple, and understandable English.C. Any violation of this Section that is committed or performed with such

frequency as to indicate a general business practice shall be subject to the provisions of the Unfair Trade Practices and Consumer Protection Law, R.S.

51:1401 et seq., as provided in R.S. 40:2870(B).* * *

Section 2. Part VII of Chapter 14 of Title 37 of the Louisiana Revised Statutes of 1950, comprised of R.S. 37:1252 through 1254, is hereby enacted to read as follows:

PART VII. PHARMACY BENEFIT MANAGERS§1252. Louisiana Board of Pharmacy; authority to regulate pharmacy benefit

managersA. Pursuant to the authority vested in the board in this Chapter and as

specifically provided for in the Pharmacy Benefit Manager Licensing Law, R.S. 40:2861 et seq., the board shall create and issue a permit for pharmacy benefit managers as defined in R.S. 40:2863.

B. A pharmacy benefit manager may be but is not required to be permitted under Part IV of this Chapter if it administers, develops, maintains, performs, or provides one or more pharmacy services in this state or that affects one or more beneficiaries of a pharmacy benefit management plan administered by the pharmacy benefit manager, as set forth in R.S. 40:2868.

§1253. Pharmacy benefit managers; permit; annual report; feesA. The board shall promulgate rules and regulations to implement the

provisions of this Part and the applicable provisions of the Pharmacy Benefit Manager Licensing Law.

B. The board may promulgate rules and regulations to specify the annual reporting requirements for the pharmacy benefit manager.

§1254. Pharmacy benefit managers; enforcementThe board shall enforce the provisions of this Part as provided for in this

Chapter and R.S. 40:2871.Section 3. Chapter 36 of Title 40 of the Louisiana Revised Statutes of 1950,

comprised of R.S. 40:2861 through 2871, is hereby enacted to read as follows: CHAPTER 36. REGULATION OF PHARMACY BENEFIT MANAGERS§2861. Legislative intent and public health policyIt is the intent of the legislature that the purpose of this Chapter is to

license, permit, and monitor pharmacy benefit managers to provide for the effective control and regulation of their activities, maintain and enforce order regarding the prescribing, dispensing, marketing, selling, managing, and use of prescription drugs in this state, and to protect the health, safety, and general welfare of the citizens and residents of this state.

§2862. Short titleThis Chapter shall be known and may be cited as the “Pharmacy Benefit

Manager Licensing Law”.§2863. DefinitionsAs used in this Chapter, the following definitions shall apply:(1) “Attorney general” means the Louisiana attorney general.(2) “Beneficiary” means a person who resides or is employed in this state and

is covered or is eligible to be covered by a health plan.(3) “Board of Pharmacy” means the Louisiana Board of Pharmacy.(4) “Commissioner of insurance” means the Louisiana commissioner of

insurance.(5) “Department of Insurance” means the Louisiana Department of Insurance.(6) “Department of Justice” means the Louisiana Department of Justice.(7) “Health plan” means an individual or group plan or program which is

established by contract, certificate, law, plan, policy, subscriber agreement, or by any other method and which is entered into, issued, or offered for the purpose of arranging for, delivering, paying for, providing, or reimbursing any of the costs of health or medical care, including pharmacy services, drugs, or devices.

(8) “Pharmacy benefit management plan” and “pharmacy benefits program” mean a plan or program that pays for, reimburses, covers the cost of, or otherwise provides for pharmacist services, drugs, or devices to individuals who reside in or are employed in Louisiana.

(9) “Pharmacy benefit manager” and “PBM” mean any person or business who administers the prescription drug or device program of one or more health plans on behalf of a third party in accordance with a pharmacy benefit program. This term includes any agent or representative of a pharmacy benefit manager hired or contracted by the pharmacy benefit manager to assist in the administering of the drug program and any wholly or partially owned or controlled subsidiary of a pharmacy benefit manager.

§2864. Duties of pharmacy benefit managersA. A pharmacy benefit manager shall owe the beneficiaries of any pharmacy

benefit management plan administered by the pharmacy benefit manager and to the entities that have entered into a contract with the pharmacy benefit manager the duties of good faith, honesty, trust, confidence, and candor.

B. The standard for the fulfillment of a pharmacy benefit manager’s duties shall be to act with a high degree of care, skill, prudence, and diligence required of a reasonable and prudent person with substantial experience and expertise in the management of pharmacy benefit management plans and payment of claims.

C. Failure of a pharmacy benefit manager to satisfy the duties established in this Section shall not create a separate or independent cause of action nor shall it be construed to prohibit any cause of action established by or recognized in federal or state law.

§2865. General licensing and permitting requirementsA. Every pharmacy benefit manager that does business in this state or pays for

benefits for a beneficiary through a pharmacy benefit management plan shall be licensed or permitted as required by this Chapter.

B. No license or permit shall be issued to a pharmacy benefit manager who has not registered with the Louisiana secretary of state to conduct business within the state.

C. Each license and permit shall be valid only for the applicant listed on the

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application.D.(1) A pharmacy benefit manager license or permit is not transferable.(2) No license or permit shall be subject to sale, assignment or other transfer,

voluntary or involuntary.(3) In the event the ownership of the pharmacy benefit manager changes

by fifty percent or more after the initial issuance of the license or permit, the ownership shall be deemed sufficiently different as to require a new pharmacy benefit manager license or permit.

(4) The continued operation of a pharmacy benefit manager under a license or permit issued pursuant to this Chapter after its ownership has changed by fifty percent or more shall constitute sufficient basis for finding that the pharmacy benefit manager is operating in this state without a valid license or permit in violation of this Chapter.

§2866. General applicabilityA. The licensure and regulation requirements set forth pursuant to this

Chapter shall apply generally to any pharmacy benefit manager regardless of plan or benefit financing.

B. Nothing in this Chapter shall be construed to require coverage of any specific drug in any health plan, but shall apply once a drug is covered or included on a health plan formulary.

§2867. Pharmacy benefit manager; regulation by commissioner of insurance; applicability of the Louisiana Insurance Code

A. Every pharmacy benefit manager that does business in this state shall be licensed as required by the Louisiana Insurance Code.

B. Every pharmacy benefit manager licensed by the commissioner of insurance shall abide by the provisions of the Louisiana Insurance Code and the rules and regulations of the Department of Insurance regarding the pharmacy benefit manager’s business regulated by the commissioner of insurance.

§2868. Pharmacy benefit manager; regulation by Board of Pharmacy; requirements for permitting

A. A pharmacy benefit manager may obtain and maintain a permit from the Board of Pharmacy if the pharmacy benefit manager administers, develops, maintains, performs, or provides one or more of the following pharmacy services in this state or that affects one or more beneficiaries of a pharmacy benefit management plan administered by the pharmacy benefit manager:

(1) Adjudication of appeals or grievances related to prescription drug coverage.(2) Disease management programs. For purposes of this Subsection, “disease

management program” means a program adopted to guide and care for beneficiaries with chronic health problems to improve the quality of health care provided to them and prevent future need for medical resources by using an integrated comprehensive approach.

(3) Drug formularies. For purposes of this Subsection, “drug formulary” means a list of prescription medications or pharmaceutical products developed and approved by each health plan that may be dispensed to a beneficiary through participating pharmacies. A drug formulary may also be referred to as a “preferred drug list”, “prior authorization list”, or “pharmacopeia”.

(4) Drug regimen reviews. For purposes of this Subsection, “drug regimen review” means third-party review of all medications a beneficiary is currently using, whether prescribed or over-the-counter, and administered by any method.

(5) Prescription drug management programs. For purposes of this Subsection, “prescription drug management program” means a program developed and designed to administer the prescription drug benefit as part of a health plan, and as part of such administration a PBM may contract with pharmacies for implementation and dispensing drugs in accordance with the program.

(6) Processing of prior authorization requests. For purposes of this Subsection, “processing of prior authorization requests” means making a determination regarding payment coverage based on an advance approval request submitted by a physician or other healthcare provider before a specific procedure, service, device, supply, or medication is delivered to the beneficiary.

(7) Quality care dosing services. For purposes of this Subsection, “quality care dosing services” means electronically checking prescription medications before they are filled at the pharmacy to ensure that the quantity and dosage is consistent with the recommendations of the United States Food and Drug Administration and others.

(8) Step therapy procedures. For purposes of this Subsection, “step therapy procedure” means protocols and policies that establish a specific sequence in which prescription drugs for a medical condition are approved for coverage by a health plan for a beneficiary which generally requires cheaper drugs to be used before more costly drugs. Step therapy may also be referred to as “fail first” protocol.

(9) Utilization management and utilization reviews. For purposes of this Subsection, “utilization management” and “utilization review” mean third-party review and approval of appropriateness and necessity of care that a healthcare provider has indicated for a beneficiary prior to delivery and coverage of such care.

(10) Any other act, service, operation, or transaction incidental to or forming a part of the compounding, filling, dispensing, exchanging, giving, offering for sale, or selling drugs, medicines, poisons, or devices in this state by pharmacists or pharmacies, pursuant to a prescription or an order of physicians, dentists, veterinarians, or other licensed practitioners, requiring, involving, or employing the science or art of any branch of the pharmacy profession, study, or training.

B. Every pharmacy benefit manager permitted by the Board of Pharmacy shall abide by the applicable provisions of the Louisiana Pharmacy Practice Act and the rules and regulations of the Board of Pharmacy.

§2869. Pharmacy benefit manager monitoring advisory council; membership;

functionsA. There is hereby created a pharmacy benefit manager monitoring advisory

council, referred to hereafter in this Chapter as the “advisory council”, that shall consist of the following members, each of whom may appoint a designee:

(1) The commissioner of the Department of Insurance. (2) The president of the Louisiana State Board of Medical Examiners.(3) The president of the Louisiana Board of Pharmacy.(4) The attorney general.(5) The director of the public protection division of the Department of Justice.(6) The secretary of the Louisiana Department of Health.(7) The president of the Louisiana Academy of Physician Assistants.(8) The president of the Louisiana State Medical Society.(9) The president of the Louisiana Association of Nurse Practitioners.(10) The president of the Louisiana Pharmacists Association.(11) The president of the Louisiana Independent Pharmacies Association.(12) The president of the National Association of Chain Drug Stores.(13) The president of the Pharmaceutical Research and Manufacturers of

America.(14) The president of the Louisiana Academy of Medical Psychologists.(15) The president of the Louisiana Association of Health Plans.(16) The president of a pharmacy benefit manager licensed by the Louisiana

Board of Pharmacy, selected by the Louisiana affiliate of the Pharmaceutical Care Management Association from a list of interested and qualified individuals.

(17) The president of the Louisiana Association of Business and Industry.(18) The chief executive officer of the Louisiana Business Group on Health.(19) The president of the Louisiana AFL-CIO.(20) The president of the Louisiana Association of Health Underwriters.B. The members of the advisory council shall serve at the pleasure of their

respective appointing authorities. Seven members shall constitute a quorum for the transaction of all business. The members shall elect a chairman and vice chairman whose duties shall be established by the advisory council. The member elected to serve as chairman shall fix a time and place for regular meetings of the advisory council, which shall meet at least quarterly. The advisory council shall establish policies and procedures necessary to carry out its duties. Expenses for the administrative staffing of the advisory council shall be provided for from the licensing fees paid by pharmacy benefit managers and may be transferred between state agencies by memorandum of understanding or cooperative endeavor agreement.

C. The commissioner of insurance and the Board of Pharmacy may utilize the full advisory council or individual member agency expertise for the purpose of investigating a complaint against a pharmacy benefit manager or conducting an audit of a pharmacy benefit manager. In exercising the authority provided for in this Subsection, the same provisions of confidentiality applicable to the Department of Insurance and Louisiana Board of Pharmacy during an investigation shall apply to the advisory council or individual member agencies whose expertise is being utilized. The advisory council may meet in executive session, as necessary, to discuss matters involving an active investigation.

D. The advisory council shall provide monitoring of pharmacy benefit managers in Louisiana to advise the legislature, commissioner of insurance, and Board of Pharmacy on the most effective and efficient manner of regulation of pharmacy benefit managers to ensure the protection of the public. Any licensed pharmacy benefit manager operating in Louisiana shall provide full cooperation with the advisory council on matters including but not limited to those set forth in Subsection E of this Section.

E. The advisory council shall advise on matters that include but are not limited to the licensure and regulation of pharmacy benefit managers set forth in Title 22, Title 37, and Title 40 of the Louisiana Revised Statutes of 1950, applicable rules and regulations of state agencies, and federal laws or rules relative to pharmacy benefit managers.

§2870. Prohibited acts; unfair and deceptive trade practicesA. A pharmacy benefit manager in Louisiana shall not:(1) Commit any unfair and deceptive trade practice prohibited by R.S.

22:1964(15).(2) Perform any act that violates the duties, obligations, and responsibilities

imposed under the Louisiana Insurance Code on a pharmacy benefit manager.(3) Buy, sell, transfer, or provide personal healthcare or contact information of

any beneficiary to any other party for any purpose with one exception. A pharmacy benefit manager may provide such information regarding beneficiaries of a health plan to that health plan provider if requested by the health plan provider.

(4) Conduct or participate in spread pricing as defined in R.S. 22:1863(9) without providing the notice required by R.S. 22:1867.

(5)(a) Directly or indirectly engage in patient steering to a pharmacy in which the pharmacy benefit manager maintains an ownership interest or control without making a written disclosure and receiving acknowledgment from the patient. The disclosure required by this Paragraph shall provide notice that the pharmacy benefit manager has an ownership interest in or control of the pharmacy, and that the patient has the right under the law to use any alternate pharmacy that they choose. The pharmacy benefit manager is prohibited from retaliation or further attempts to influence the patient, or treat the patient or the patient’s claim any differently if the patient chooses to use the alternate pharmacy.

(b) The provisions of this Paragraph shall not apply to employers, unions, associations, or other persons who employ, own, operate, control, or contract directly with a pharmacy or pharmacist for the purpose of managing or controlling prescription costs paid for the benefit of an employee or member or those covered by the employee or member’s plan, or when the persons contract

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with a pharmacy benefit manager to steer employees or members to pharmacists or pharmacies which the person owns, operates, or controls.

(6)(a) Penalize a beneficiary or provide an inducement to the beneficiary for the purpose of getting the beneficiary to use specific retail, mail order pharmacy, or another network pharmacy provider in which a pharmacy benefit manager has an ownership or controlling interest or that has an ownership or controlling interest in a pharmacy benefit manager.

(b) For purposes of this Paragraph, “inducement” means the providing of financial incentives, including variations in premiums, deductibles, copayments, or coinsurance.

(c) The provisions of this Paragraph shall not apply to employers, unions, associations, or other persons who employ, own, operate, control, or contract directly with a pharmacy or pharmacist for the purpose of managing or controlling prescription costs paid for the benefit of an employee or member or those covered by the employee or member’s plan, or when the persons contract with a pharmacy benefit manager to steer employees or members to pharmacists or pharmacies which the person owns, operates, or controls.

(7) Retroactively deny or reduce a claim of a pharmacist or pharmacy for payment or demand repayment of all or part of a claim after the claim has been approved by the pharmacy benefit manager as authorized by R.S. 22:1856.1.

(8) Reimburse a local pharmacist or local pharmacy, as defined in R.S. 46:460.36(A), less than the amount it reimburses chain pharmacies, mail-order pharmacies, specialty pharmacies, or affiliates of the pharmacy benefit manager for the same drug or device or for the same pharmacy service in this state.

(9) Fail to update prices as required by R.S. 22:1857.(10)(a) Fail to honor maximum allowable cost (MAC) prices as set forth in R.S.

22:1863 et seq.(b) A pharmacy benefit manager shall not require a pharmacist or pharmacy to

purchase drugs from any particular wholesaler. However, if a pharmacy benefit manager recommends or provides a wholesaler, then that wholesaler must be willing and able to honor the pharmacy benefit manager’s MAC price, ship the order, and have receipt of the order within two business days with no additional charge to the pharmacist.

(c) The wholesaler with the lowest price, which is listed as the MAC price, is not obligated to sell or ship to a nonmember pharmacist or pharmacy. If the wholesaler chooses not to sell the drug to the pharmacist or pharmacy, then the MAC price set by the pharmacy benefit manager must be adjusted to the price available to the pharmacist or pharmacy through another wholesaler.

(11) Fail to meet the payment standards established in R.S. 22:1856.(12) Fail to provide detailed remittance advice to pharmacists and pharmacies

in compliance with R.S. 22:1856.(13)(a) Fail to pay any state or local sales tax imposed on any drug, device, or

pharmacy services or to remit the sales tax to the appropriate pharmacist or pharmacy for the tax proceeds to be forwarded to the sales tax authority.

(b) A pharmacy benefit manager who does not pay the sales tax shall be liable to the taxing authority for the tax, interest, penalties, and any other fees or costs imposed by law for failure to pay sales taxes.

(c) No pharmacy benefit manager shall deduct the taxes from any amount due to a pharmacist or pharmacy for a drug, device, or pharmacy service or charge or pay anyone a fee or surcharge for paying any sales tax or remitting any sales tax proceeds to a pharmacist or pharmacy if that fee or surcharge would be imposed directly or indirectly on the pharmacist or pharmacy.

(d) All pharmacy benefit managers who pay any out-of-state pharmacist or pharmacy for drugs or devices shipped to a beneficiary in this state or for pharmacy services rendered to a beneficiary which is taxable in this state shall remit the tax directly to the appropriate taxing authority.

(e) Any pharmacist or pharmacy who does not receive sales tax proceeds from a pharmacy benefit manager for any drug, device, or pharmacy service which is subject to sales taxes shall have no responsibility for payment of the taxes if the pharmacist or pharmacy provides written notification to the appropriate taxing authority, the Department of Insurance, and the Board of Pharmacy of the pharmacy benefit manager’s failure to remit the sales taxes at the time the next sales tax return is due to be filed.

(f) State or local sales taxes and other applicable state-imposed taxes or fees shall be considered as part of the allowable cost and shall be included in the claim submitted by a pharmacist or pharmacy.

(14) Restrict early refills on maintenance drugs to an amount less than seven days for a prescription of at least a thirty-day supply. However, at the direction of the Louisiana Department of Health, for purposes of administering the Medicaid pharmacy benefit program, a pharmacy benefit manager may apply a more restrictive early refill policy without violating the provisions of this Paragraph.

(15) Require a beneficiary to follow a plan’s step therapy protocol if the prescribed drug is on the health plan’s prescription drug formulary, the beneficiary has tried the step therapy required prescription drug while under his current or previous health plan, and the provider has submitted a justification and supporting clinical documentation that such prescription drug was discontinued due to lack of efficacy or effectiveness, diminished effect, or an adverse effect or event.

(16) Delay a decision on a request for authorization to dispense a prescription drug for more than seventy-two hours, or twenty-four hours in exigent circumstances in which the patient, in the opinion of the prescribing provider, pharmacy, or pharmacist submitting the authorization request, is suffering from a health condition that may seriously jeopardize the patient’s life, health, or ability to regain maximum function. A request for authorization shall include relevant data or appropriate documentation to render a decision on a request for

authorization.(17) Exploit prescription drug information obtained from beneficiaries

for monetary gain or economic power over beneficiaries, pharmacists, or pharmacies.

(18) Sell, exchange, or use in any manner prescription drug information regarding a beneficiary obtained through a beneficiary’s use of a prescription for purposes of marketing, solicitation, consumer steering, referral, or any other practice or act, except as otherwise provided for in this Section, that provides the pharmacy benefit manager or any of its affiliates or subsidiaries economic power or control over pharmacists or pharmacies or interfer in the free choice of a beneficiary.

(19) Engage in drug repackaging and markups. A pharmacy benefit manager that owns or controls a mail-order pharmacy shall not allow the mail-order pharmacy to repackage drugs and sell the repackaged items at higher prices than the original average wholesale price unless beneficiaries who may buy the repackaged drugs are informed in writing that the drugs have been repackaged and are being sold at the higher price.

(20) Operate in Louisiana without either being registered with and in good standing with the Louisiana secretary of state to do business in Louisiana or being licensed by and in good standing with the commissioner of insurance, as provided by this Chapter.

B.(1) The commission of any of the acts or any combination of acts prohibited by this Section shall be considered an unfair method of competition and unfair practice or act in accordance with the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq., if the violations are committed or performed with such frequency as to indicate a general business practice. Notwithstanding any provision of law to the contrary, the private right of action created by R.S. 51:1409 shall not apply to this Section.

(2) For purposes of this Section, a violation shall be considered to have occurred each time a prohibited act is committed.

(3) Each day that a pharmacy benefit manager operates without being registered with and in good standing with the secretary of state to do business in Louisiana or without being licensed by and in good standing with the commissioner of insurance, as provided by this Chapter, shall be considered a separate violation.

C.(1) Nothing in this Section shall be construed to interfere with or violate a consumer’s right to know where the consumer may have access to the lowest cost drugs, whether a consumer is utilizing insurance or other third-party reimbursement or not.

(2) Nothing in this Section shall be construed to interfere with the requirement that consumers receive notice of changes to pharmacy networks, such as the inclusion of new pharmacies or removal of existing pharmacies from networks.

§2871. EnforcementA. Notwithstanding any provision of law to the contrary, enforcement of the

Pharmacy Benefit Manager Licensing Law shall be conducted in accordance with the following requirements:

(1)(a) The commissioner of insurance shall be responsible for investigation and enforcement of the provisions of the Louisiana Insurance Code, the applicable provisions of this Chapter, and any rules or regulations promulgated by the Department of Insurance relative to pharmacy benefit managers. The commissioner shall refer any complaint he believes to be outside of his jurisdiction to the Board of Pharmacy or the Louisiana Department of Justice.

(b) The commissioner of insurance may suspend or revoke a pharmacy benefit manager’s permit, license, or registration in accordance with the Louisiana Insurance Code and the rules and regulations promulgated by the Department of Insurance relative to pharmacy benefit managers.

(2)(a) The Board of Pharmacy shall be responsible for investigation and enforcement of the provisions of the Louisiana Pharmacy Practice Act, the applicable provisions of this Chapter, and any rules or regulations promulgated by the Board of Pharmacy relative to pharmacy benefit managers. The Board of Pharmacy shall refer any complaint it believes to be outside of its jurisdiction to the Department of Insurance or the Louisiana Department of Justice.

(b) Upon completion of a complaint investigation or compliance audit, and after notice and an opportunity for an adjudicatory hearing held in accordance with the Administrative Procedure Act, the Board of Pharmacy may suspend, revoke, or place on probation a license, permit, or registration issued to the pharmacy benefit manager or any entity in which the pharmacy benefit manager has an ownership or controlling interest, or take any other action authorized by the Louisiana Pharmacy Practice Act or the rules and regulations of the Board of Pharmacy.

B.(1) The commissioner of insurance and the Board of Pharmacy shall be responsible for conducting random compliance audits, which may be desk audits based on data provided by the pharmacy benefit manager, to ensure compliance with this Chapter.

(2) A pharmacy benefit manager doing business in Louisiana shall make itself open and available to comply with compliance audit data requests.

C. On the first day of each month, the Board of Pharmacy shall submit to the attorney general a report of complaints received against pharmacy benefit managers and the date that each complaint was received during the prior calendar month in a format prescribed by the attorney general. The report shall include a cumulative list of all complaints received against pharmacy benefit managers until final disposition.

D. Nothing in this Section shall be construed as a limitation on the attorney general’s power to enforce the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq., or to limit his authority in any way under that law, or as a limitation on the attorney general’s power to negotiate and enter into a stipulation with a pharmacy benefit manager. Furthermore, nothing in this

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Section shall prohibit the Board of Pharmacy from referring a complaint or audit finding to the Louisiana Department of Justice.

Section 4. If any provision or item of this Act, or the application thereof, is held invalid, such invalidity shall not affect other provisions, items, or applications of the act which can be given effect without the invalid provision, item, or application and to this end the provisions of this Act are hereby declared severable in accordance with R.S. 24:175.

Section 5. The provisions of R.S. 40:2869, as enacted by this Act, shall become effective on August 1, 2019.

Section 6. Except as provided in Section 5 of this Act, the provisions of this Act shall become effective on July 1, 2020.


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ACT No. 125 ---

SENATE BILL NO. 117BY SENATORS WALSWORTH, BISHOP, MIZELL, MORRISH, THOMPSON

AND WHITE AND REPRESENTATIVES ADAMS, AMEDEE, ANDERS, BACALA, BAGLEY, BILLIOT, BOUIE, BOURRIAQUE, BRASS, TERRY

BROWN, CARMODY, GARY CARTER, STEVE CARTER, CHANEY, COUSSAN, DEVILLIER, EDMONDS, EMERSON, GAROFALO, GISCLAIR,

HILFERTY, HOFFMANN, HUVAL, ROBERT JOHNSON, NANCY LANDRY, LARVADAIN, LEGER, MOORE, JAY MORRIS, STEFANSKI,

STOKES, THOMAS AND TURNER Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the


To enact R.S. 17:3129.9, relative to postsecondary education; to provide relative to the development, acquisition, accessibility, and use of certain textbooks and other educational resources; to provide for a plan to make such resources more accessible and affordable to postsecondary students and the public; to provide for the roles and responsibilities of the Board of Regents and the public postsecondary education management boards; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 17:3129.9 is hereby enacted to read as follows: §3129.9. Affordable textbooks and open educational resourcesA. Definitions(1) “Affordable educational resource” or “AER”, means a single or collection of

required educational resources that may be offered at no or low cost to a student through a postsecondary education institution or an affiliated college bookstore at a pre-sales tax cost to a student that does not exceed an amount equal to four times the federal minimum wage. AER includes copyright protected material purchased by a library and provided to a student at no cost.

(2) “Course schedule” means a collection or listing of available classes, course sections, or both, published by a postsecondary institution in electronic or printed form prior to the start of an academic term.

(3) “Open educational resource” or “OER” means a teaching, learning, or research resource that is in the public domain or has been released under an intellectual property license that permits the free use, adaptation, and redistribution of the resource by any person. The term may include full course curricula, course materials, modules, textbooks, media, assessments, software, and any other tools, materials, or techniques, whether digital or otherwise, used to support access to knowledge.

B. Beginning in Fall of 2020, each public postsecondary education institution shall:

(1) Use a conspicuous symbol, logo, or other distinguishing feature to highlight each course included in its course schedule that exclusively utilizes AER or OER course materials and ensure that these course materials comply with the federal Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and the federal Copyright Act of 1976 (P.L. 94-533). Nothing in this Paragraph shall be construed to prohibit a postsecondary education institution from including other distinguishing features in its course schedule related to the cost of course materials.

(2) Clearly communicate to students how to access AER and OER course materials.

(3) Provide summary data as requested by the Board of Regents regarding courses that exclusively utilize AER and OER course materials.

(4) Publish the course schedule and any required textbooks which have been reported to the institution on their website prior to opening course registration, but not later than thirty days prior to the beginning of each academic term, and provide this information to LOUIS:The Louisiana Library Network, individual campus libraries, and other entities or programs as might be specified by the Board of Regents.

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. 126 ---

SENATE BILL NO. 170BY SENATORS THOMPSON, ALARIO, ALLAIN, APPEL, BARROW,

BOUDREAUX, CARTER, COLOMB, CORTEZ, ERDEY, FANNIN, GATTI, HENSGENS, JOHNS, LONG, LUNEAU, MARTINY, MILLS, MORRELL,

PEACOCK, PRICE, RISER, WALSWORTH AND WARD Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the


To enact R.S. 36:4(BB) and Part VII of Chapter 2 of Title 49 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 49:220.31 through 220.33, relative to rural water systems; to create the Rural Water Infrastructure Committee within the office of the governor; to provide for membership of the committee; to provide relative to terms, quorum requirements, and per diem; to provide for the functions of the committee; to require the committee to make recommendations; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 36:4(BB) is hereby enacted to read as follows: §4. Structure of executive branch of state government

* * *BB. The Rural Water Infrastructure Committee (R.S. 49:220.31 et seq.) is

hereby placed within the office of the governor and shall perform its powers, duties, and functions as provided by law.

Section 2. Part VII of Chapter 2 of Title 49 of the Louisiana Revised Statutes of 1950, comprised of R.S. 49:220.31 through 220.33, is hereby enacted to read as follows:

PART VII. RURAL WATER INFRASTRUCTURE COMMITTEE§220.31. PurposeThe state of Louisiana recognizes the need to develop and implement a

comprehensive rural water infrastructure plan to address deteriorating public water supply systems and protect the interests, health, safety, and welfare of the citizens of Louisiana. This effort will require the cooperation and participation of numerous federal, state, and local agencies. To further the development of the plan, the state of Louisiana recognizes the necessity to establish the Rural Water Infrastructure Committee for the purpose of providing advice and guidance to the governor on all matters relative to rural water systems in Louisiana.

§220.32. Rural Water Infrastructure Committee; creation and organizationA. The Rural Water Infrastructure Committee is hereby created within the

office of the governor and shall be composed of seventeen members as follows:(1) The State Director of United States Department of Agriculture Rural

Development in Louisiana or his designee.(2) The State Director of the United States Economic Development

Administration or his designee.(3) The governor or his designee.(4) The governor’s designee to the Delta Regional Authority.(5) The secretary of the Louisiana Department of Health or his designee.(6) The secretary of the Louisiana Department of Environmental Quality or

his designee.(7) The executive director of the Louisiana Office of Community Development

or his designee.(8) The director of the Governor’s Office of Homeland Security and Emergency

Preparedness or his designee.(9) The executive director of the Louisiana Rural Water Association or his

designee.(10) The executive director of the Police Jury Association of Louisiana or his

designee.(11) The executive director of the Louisiana Municipal Association or his

designee.(12) The president of the Louisiana Association of Planning and Development

Districts or his designee.(13) The president of the Senate or his designee.(14) The speaker of the House of Representatives or his designee.(15) The chairman of the Louisiana Rural Caucus or a member of the Louisiana

Rural Caucus designated by the chairman.(16) The commissioner of agriculture and forestry or his designee.(17) The executive secretary of the Louisiana Public Service Commission or

his designee.B. Members shall serve terms concurrent with the governor.C. The governor’s designee to the Delta Regional Authority shall serve as

chairman and shall develop procedures for the operation of the committee.D. The committee shall meet as necessary at the call of the chairman. A

majority of the members of the committee shall constitute a quorum for the transaction of business.

E. All official actions of the committee shall require the affirmative vote of a majority of the members in attendance.

F. The governor or the chairman of the committee may request employees of federal, state, or local agencies involved with rural water systems to participate as nonvoting members of the committee.

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G. The committee may request administrative and technical support from the governor’s office to carry out the committee’s functions and responsibilities as provided in this Part.

H. Members of the committee shall serve without compensation. Legislative members of the committee shall receive such per diem and expenses as provided for legislators during attendance at legislative committees and from the same source.

I. The names of the members who will serve on the committee shall be submitted to the governor not later than August 15, 2019.

§220.33. Functions; recommendationsA. The committee shall have the following functions and duties:(1) To advise the governor on all matters relative to rural water systems in

Louisiana.(2) To advise and provide technical assistance to rural water systems, local

governments, and nonprofit organizations to improve infrastructure and ensure compliance with state and federal regulations.

(3) To work collaboratively to assess and prioritize rural water system deficiencies.

(4) To offer emergency response assessments for rural water systems during public health emergencies upon request.

(5) To foster cooperation among federal, state, and local governmental agencies on all issues pertaining to rural water systems.

(6) To conduct such studies as are necessary to develop and implement a comprehensive rural water infrastructure plan.

(7) To create a clearinghouse of educational materials to assist rural water systems, local governments, and nonprofit organizations.

(8) To review programs, conditions, trends, and engineering findings which affect rural water systems in order to make recommendations for improvements.

(9) To assist in the identification of potential sources of funding for rural water systems and to develop advice with respect to which expenditures are in the best interest of the state.

B. The committee shall advise and make recommendations to the governor on the following:

(1) Establishing funding criteria for rural water systems.(2) Establishing a process to hold noncompliant water systems accountable

including legislative audits and mandatory management training.(3) Increasing inspection and enforcement of rural water systems by state

agencies.(4) Establishing a system for the review of engineering proposals for

infrastructure upgrades to rural water systems.(5) Developing financial incentives for rural water systems to consolidate

when deemed appropriate.(6) Developing recommendations for legislative action relative to rural water

systems.C. The committee shall submit a written report to the governor by March

first of each year relative to the progress, challenges, and recommendations concerning policy and possible legislation relative to rural water systems.



--------ACT No. 127

---SENATE BILL NO. 174

BY SENATORS JOHNS, ALARIO, ALLAIN, APPEL, BARROW, BISHOP, BOUDREAUX, CARTER, CHABERT, CLAITOR, COLOMB, CORTEZ,

DONAHUE, ERDEY, FANNIN, GATTI, HENSGENS, HEWITT, LAFLEUR, LAMBERT, LONG, LUNEAU, MARTINY, MILKOVICH, MILLS, MIZELL, MORRELL, MORRISH, PEACOCK, PETERSON, PRICE, RISER, GARY SMITH, JOHN SMITH, TARVER, THOMPSON, WALSWORTH, WARD AND WHITE AND REPRESENTATIVES ABRAHAM, ABRAMSON,

ADAMS, ANDERS, ARMES, BACALA, BAGLEY, BAGNERIS, BARRAS, BERTHELOT, BILLIOT, BOUIE, BOURRIAQUE, BRASS, CHAD BROWN,

TERRY BROWN, CARMODY, ROBBY CARTER, CHANEY, CONNICK, COX, CREWS, DAVIS, DUBUISSON, DUPLESSIS, DWIGHT, EMERSON, FALCONER, FRANKLIN, GAINES, GAROFALO, GISCLAIR, GLOVER,

GUINN, JIMMY HARRIS, HILL, HOFFMANN, HOLLIS, HORTON, HOWARD, HUVAL, JACKSON, JAMES, JEFFERSON, JENKINS, ROBERT JOHNSON, JONES, JORDAN, LACOMBE, TERRY LANDRY, LARVADAIN,

LEBAS, LEGER, LYONS, MARCELLE, MARINO, MCFARLAND, MCMAHEN, DUSTIN MILLER, GREGORY MILLER, MOORE, JIM

MORRIS, MOSS, PEARSON, PIERRE, POPE, PUGH, RICHARD, SCHEXNAYDER, STAGNI, STOKES, THOMAS, TURNER, WHITE,

WRIGHT AND ZERINGUE Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the


To amend and reenact R.S. 46:1606(A) and (B)(1), relative to the annual

appropriation for the councils on aging; to provide for an increase in the minimum appropriation; to provide for an increase to the maximum allocation; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 46:1606(A) and (B)(1) are hereby amended and reenacted to read as follows:

§1606. Annual appropriationA. The legislature shall appropriate to the office of elderly affairs, for

distribution by the executive director of the office to the various voluntary parish councils on aging, funds sufficient to allocate to each parish council two dollars and fifty cents for each person sixty years or older who is a resident of the parish as shown by the latest official census estimate or thirty-seven thousand five hundred one hundred thousand dollars, whichever is greater. The office of elderly affairs shall include funds in their annual budget request for increases in funding based on the number of elderly as estimated in the above census. Notwithstanding the foregoing, such total annual appropriation shall be for a minimum of two million seven hundred seventy-six thousand eight hundred six million nine hundred thousand dollars. For Fiscal Year 2017-2018 and each year thereafter, there shall be a maximum allocation of one hundred thousand dollars to any one parish council on aging pursuant to this Subsection unless additional funds are appropriated for that purpose.

B.(1) Funds appropriated by the legislature pursuant to Subsection A of this Section shall be distributed by the executive director of the office of elderly affairs and shall be allocated to each parish council in an amount equal to two dollars and fifty cents for each resident of the parish age sixty years or older, as shown by the latest official estimate approved by the United States Bureau of the Census, or thirty-seven thousand five hundred one hundred thousand dollars, whichever is greater. The sums so allocated shall be distributed quarterly during the first thirty days of each quarter of the fiscal year. In appropriating funds pursuant to this Section, the legislature shall specifically provide for the allocation of funds to the respective parish councils in accordance with the provisions of this Section.

* * *


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ACT No. 128 ---

SENATE BILL NO. 243 (Substitute of Senate Bill No. 194 by Senator Morrish)

BY SENATOR MORRISH An ACT

To amend and reenact R.S. 17:183.3(A)(1)(b), to enact R.S. 17:2922.1, and to repeal Subpart A-3 of Part III of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950, comprised of R.S. 17:187.1 through 187.5, R.S. 17:3129.1, and 3137, relative to dual enrollment; to create and provide with respect to the Dual Enrollment Framework Task Force; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 17:183.3(A)(1)(b) is hereby amended and reenacted, and R.S. 17:2922.1 is hereby enacted to read as follows:

§183.3. Career major; description; curriculum and graduation requirementsA.(1)(a)

* * *(b) Students pursuing a career major shall be afforded the opportunity to

dually enroll in an a Louisiana public postsecondary education institution under the management and supervision of the Board of Supervisors of Community and Technical Colleges or participate in a business internship or work-study program when such opportunities are available and appropriate.

* * *§2922.1. Dual Enrollment Framework Task Force, creation, purpose,

membership, definitions, reporting, terminationA. The Dual Enrollment Framework Task Force is hereby created under the

jurisdiction of the Board of Regents for the purpose of making recommendations for the establishment of a statewide dual enrollment framework designed to provide universal access to dual enrollment courses to all qualified public high school juniors and seniors.

B.(1) The task force shall be composed of twelve members as follows:(a) The governor or his designee.(b) The commissioner of higher education or his designee.(c) The state superintendent of education or his designee.(d) The president of the State Board of Elementary and Secondary Education

or his designee.(e) The executive director of the Louisiana School Boards Association or his

designee.(f) The executive director of the Louisiana Association of School

Superintendents or his designee.(g) The executive director of the Louisiana Association of Principals or his

designee.(h) The president of the Louisiana School Counselor Association or his

designee.(i) The chairman of the College and Career Readiness Commission or his

designee.

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(j) The president of Council for a Better Louisiana or his designee.(k) The executive director of Stand for Children Louisiana or his designee.(l) The executive director of the Louisiana Association of Public Charter

Schools or his designee.(2) Members shall serve without compensation, except for per diem or expenses

to which they may be entitled as members of the constituent organizations.(3) A majority of the total membership shall constitute a quorum of the task

force, and any official action taken by the task force shall require an affirmative vote of the majority of the quorum present and voting.

(4) The commissioner of higher education shall call an organizational meeting of the task force by August 1, 2019. The task force shall elect a chairman, and any other officers deemed necessary, from among the membership.

(5) The Board of Regents shall provide staff support to the task force.C. “Dual enrollment” means the enrollment of a high school student in a

postsecondary course for which both postsecondary and high school credit may be earned.

(1) Dual enrollment shall include any course which provides credit:(a) Toward a high school diploma and a public postsecondary education

academic undergraduate degree.(b) Toward a high school diploma aligned to a career major as provided in

R.S. 17:183.1 et seq. and a public postsecondary education credential in a high-demand field.

(2) Dual enrollment shall not include any course which provides:(a) Credit only as a high school transition course or a remedial postsecondary

education course.(b) Partial credit for a corequisite, modular, or scalable postsecondary

education course.D. In developing recommendations for the framework, the task force shall:(1) Review existing laws, policies, and efforts in Louisiana and other states on

dual enrollment, course choice, student remediation, articulation and transfer, and transition courses.

(2) Consider any dual enrollment recommendations from the College and Career Readiness Commission.

(3) Seek to coordinate all dual enrollment efforts of the Board of Regents, the State Board of Elementary and Secondary Education, the state Department of Education, public postsecondary education management boards and institutions, and the governing authority of each public high school.

E. In making recommendations, the task force may identify:(1) Strategic funding needs.(2) Funding sources.(3) Course content requirements.(4) Instructor and student qualifications.(5) A process to:(a) Guarantee that dual enrollment courses articulate to the appropriate

public postsecondary education institution.(b) Require that dual enrollment courses and course grades are recorded on a

student’s permanent high school and postsecondary academic transcripts.(c) Routinely evaluate the effectiveness of the statewide dual enrollment

framework and dual enrollment courses.(d) Recognize and reward schools, through the state’s school and district

accountability system, that graduate students who have earned significant credit toward a postsecondary credential or degree.

(e) Recognize and reward each postsecondary education institution, within the postsecondary education funding formula, that shows significant use of dual enrollment to further its institutional mission.

(f)(i) Establish a uniform pricing structure which may include a maximum tuition for dual enrollment courses offered by each public postsecondary education institution and which may differentiate between courses taught on a postsecondary campus, online, or at a high school, and may differentiate by the qualifications of the instructor.

(ii) Notwithstanding Item (i) of this Subparagraph, the recommended pricing structure shall not prevent a public postsecondary education institution and a public high school governing authority from entering into a memorandum of understanding or other agreement to provide dual enrollment courses free of charge or an amount less than that established by the pricing structure.

F. The Board of Regents shall submit a written report of task force findings and recommendations to the Senate Committee on Education and the House Committee on Education by October 1, 2020.

G. The task force shall terminate on June 30, 2021.Section 2. Subpart A-3 of Part III of Chapter 1 of Title 17 of the Louisiana

Revised Statutes of 1950, comprised of R.S. 17:187.1 through 187.5, R.S. 17:3129.1, and 3137 are hereby repealed.



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ACT No. 129

---HOUSE BILL NO. 122

BY REPRESENTATIVE HENRYAn ACT

To provide with respect to the Revenue Sharing Fund and the allocation and distribution thereof for Fiscal Year 2019-2020 and to provide for related matters. Be it enacted by the Legislature of Louisiana:

Section 1. For the purposes of this Act the following definitions shall apply and obtain:

(a)(1) Unless otherwise provided herein, “tax recipient bodies” shall mean the city of New Orleans, parish governing authorities, school boards, special taxing districts, and other bodies which were eligible for reimbursement or payment from the Property Tax Relief Fund prior to its abolition and repeal by Act 10 of the 1972 Extraordinary Session of the Louisiana Legislature and any other taxing district listed in Sections 1(a)(3) and 1(a)(4) or any other taxing district for any millage specified in Section 9(B) of this Act. In the parish of Rapides, “tax recipient bodies” shall not include Red River Waterways. In the parish of Lafourche, “tax recipient bodies” shall not include the Atchafalaya Basin Levee District, the Lafourche Levee District, and Fresh Water District No. 1.

(2) “Tax recipient bodies” shall not include the millage levied by the various law enforcement districts in the state in lieu of commissions as a result of Act 689 of the 1976 Regular Session of the Louisiana Legislature; however, law enforcement districts shall be considered tax recipient bodies for any millage voted and levied for that purpose to the extent specifically provided in Section 9(B) of this Act.

(3) “Tax recipient bodies” shall also mean those special taxing districts and other bodies which were not eligible for reimbursement as provided in Section 1(a)(1) but which had erroneously shared as a tax recipient body in the proceeds of Act 598 of the 1977 Regular Session and were subsequently determined by the state treasurer to be ineligible for such participation under the provisions of Act 592 of the 1978 Regular Session. The exclusive listing of all such special taxing districts and other bodies is as follows:

AcadiaMermentau River Harbor & Terminal

AllenElizabeth Recreation District #3Kinder Recreation District #2--MaintenanceHospital Service District #3--Maintenance

AscensionLighting District #6Lighting District #7

AvoyellesRed River Waterway District--Capital OutlayRed River Waterway District--Operations

BeauregardWaterworks District #3--Ward 4Waterworks District #3--Ward BienvilleFire Protection District #6Hospital Service District #2

CaldwellColumbia Heights Sewerage

CameronCameron Water District #1--MaintenanceWater District #7--MaintenanceGrand Lake Recreation District--MaintenanceWater District #10--MaintenanceFire District #10--Maintenance

CatahoulaHospital District #2

ClaiborneHospital District #1

ConcordiaRecreation District #3--MaintenanceFire Protection District #1

EvangelineCemetery Tax District--Ward 4Cemetery Tax District #1Cemetery Tax District #6Water District #1--MaintenanceEvangeline Parish School BoardConsolidated School District No. 2Evangeline Parish School BoardConsolidated School District No. 7

GrantHospital District #1Recreational District #2

JeffersonAmbulance Service #1Community Center Playground District #1Community Center Playground District #10Community Center Playground District #11Community Center Playground District #12Community Center Playground District #13Community Center Playground District #14

THE ADVOCATEPAGE 12


Community Center Playground District #15Fire Protection District #5Fire Protection District #6Sewerage District #8Sewerage District #9Jefferson Hospital District #1

LaSalleSewer MaintenanceRecreation District #5

LivingstonRoad Light District #2Fire Protection District #1Fire Protection District #4Recreation District #3

MorehouseBastrop Area Fire District #2Fire District #1--Ward 6Fire District #1--Ward 10

Pointe CoupeeSewerage District #1

RapidesWaterworks #11A--MaintenanceRecreational--Maintenance

St. JamesRoad Light District #1ARoad Light District #2Road Light District #4

St. LandryFire Protection District #3

St. MartinSewerage District

St. MaryWest St. Mary Parish Port Commission

St. TammanyFire District #4 Fire District #5Fire District #7Fire District #9Fire District #10Recreation District #2

TangipahoaHospital District #1--Maintenance

UnionHospital Service--Tri-WardHospital Service--East Union

VermilionWard 8 Public Cemetery

(4) “Tax recipient bodies” shall also mean the following special taxing districts and other bodies which were not eligible for reimbursement as provided in Section 1(a)(1) and which had never shared, except in the parishes of Bossier, East Baton Rouge, Ouachita and Terrebonne, as a tax recipient body in the proceeds of state revenue sharing. The exclusive listing of all such special taxing districts and other bodies is as follows:

AssumptionRoad Lighting District #2

BossierCypress Back Bayou Recreation Tax--Bonds/Maintenance

East Baton RougeVillage St. George Fire District

OuachitaCooley Hospital TaxSterlington Sewerage DistrictFire District No. 1--MaintenanceNorth Monroe Sewerage District No. 1--MaintenanceRoad Light District #5Road Light District #1Road Light District #3Road Light District #4East Ouachita Recreational District

TerrebonneRoad Lighting District No. 4Road Lighting District No. 5--MaintenanceRoad Lighting District No. 6Road Lighting District No. 8--MaintenanceRoad Lighting District No. 9--MaintenanceRoad Lighting District No. 10--MaintenanceFire Protection District No. 4-A--MaintenanceFire Protection District No. 5--MaintenanceFire Protection District No. 8--MaintenanceFire Protection District No. 10--MaintenanceSanitation District No. 1--MaintenanceRecreation District No. 1--MaintenanceRecreation District No. 4--MaintenanceRoad Lighting District No. 1--MaintenanceRoad Lighting District No. 2--MaintenanceRoad Lighting District No. 3A

Fire Protection District No. 123--MaintenanceFire Protection District No. 9--MaintenanceRoad Lighting District No. 7--Maintenance

St. TammanyMosquito District No. 2(A)--10 millsMosquito District No. 2(B)--10 mills

(5)(a) In addition to the limitations herein above set forth, “tax recipient bodies” for purposes of this Act shall be tax recipient bodies within the meaning of Article VII, Section 26 of the Constitution of Louisiana, limited solely to those taxes authorized prior to January 1, 1978, and any renewals thereof, or any millage authorized prior to January 1, 1978, but not levied in full or part on the tax rolls. In Orleans Parish this limitation shall apply solely to those taxes authorized and collected prior to January 1, 1978.

(b) “Population” shall mean that enumeration of persons within the state, its parishes, and incorporated municipalities determined by the Louisiana State University and Agricultural and Mechanical College Agriculture Center, Department of Agricultural Economics and Agribusiness, under the most recent federal-state cooperative program for local population estimates. Such determination shall be submitted to the state treasurer annually not later than January fifteenth of each calendar year. Any tax recipient body or incorporated municipality which is aggrieved by such determination may file a petition for administrative review with the state treasurer not later than March fifteenth of each calendar year hereafter. The estimates so submitted shall have no effect on the distribution for the fiscal year in which they are made but shall be utilized for purposes of this Act and for distribution during the ensuing fiscal year. The treasurer shall have authority to affirm, modify, or set aside in whole or in part, the determination of the Louisiana State University and Agricultural and Mechanical College Agriculture Center, Department of Agricultural Economics and Agribusiness.

(c) “Homesteads” shall mean that enumeration of homestead exemption claims filed with the assessors as determined by the Louisiana Tax Commission as of November fifteenth of the current calendar year from the original tax rolls submitted to the commission prior to any adjustments thereto.

(d) “Public school population” shall mean the enumeration of enrollments contained in the Department of Education Annual Report for the preceding school year.

(e) “City of New Orleans”, unless otherwise indicated herein, shall mean only the city of New Orleans, the Orleans Levee District or its successor, the Sewerage and Water Board of New Orleans, the assessor for Orleans Parish, and the Orleans Parish School Board and reference in this Act to tax recipient bodies in the city of New Orleans shall refer only to the aforesaid entities.

Section 2. The revenue sharing fund for the Fiscal Year 2019-2020 shall consist of the sum of Ninety Million and No/100 ($90,000,000.00) Dollars.

Section 3. The amount to be distributed annually to each parish from the revenue sharing fund shall be the sum of (a) an amount equal to that percentage of eighty percent of the total fund which is equal to the ratio which the population of the parish bears to the total state population, and (b) an amount equal to that percentage of twenty percent of the total fund which is equal to the ratio which the number of homesteads in the parish bears to the total number of homesteads in the state. As used in this Section, the term “homesteads” shall mean that enumeration of adjusted homestead exemption claims filed with the assessors as determined by the Louisiana Tax Commission as of March thirty-first of the current calendar year.

Section 4. Except as provided in Section 5, the state treasurer shall distribute the funds herein allocated to the tax collectors of the respective parishes and to the city of New Orleans.

Section 5. That portion of the fund for the parish of Ouachita allocated to the Monroe City School Board shall be an amount which will reimburse said board, to the extent available and subject to the provisions of Section 9(C) of this Act, for the taxes lost as a result of homestead exemptions based on the tax rolls for the current calendar year and shall be distributed directly to the city treasurer of the city of Monroe, who shall pay therefrom the statutorily dedicated deductions for retirement systems. For the purpose of distribution of the balance of the revenue sharing funds the state treasurer may use the amount listed on the prior year Ouachita Parish tax rolls which were due the Monroe City School Board.

Section 6. Eleven and nine-tenths percent of all revenue sharing funds distributed by the provisions of this Act, excluding such funds as are distributed directly to the city of New Orleans and the amount listed on the prior year Ouachita Parish tax rolls which were due the Monroe City School Board ($1,195,822), shall form a special fund ($9,721,748 ) to be distributed as commissions to the tax collectors of the respective parishes, the city of New Orleans excepted. Each such tax collector shall receive a percentage of such fund, based on commissions received by him pursuant to Act 153 of the 1973 Regular Session, as provided in Section 8 of this Act.

Section 7.A. Two and forty-four hundredths percent of all revenue sharing funds distributed by the provisions of this Act, excluding such funds as are distributed directly to the city of New Orleans and the amount listed on the prior year Ouachita tax rolls which were due the Monroe City School Board ($1,195,822), shall form a special fund ($1,993,366) to be distributed to the various retirement systems which were eligible for payment pursuant to Act 153 of the 1973 Regular Session, as provided in Section 8 of this Act for distribution to such retirement systems, and shall make due payment thereof to each retirement system in the same proportion that the statutory deduction provided by law for the system bears to the total statutory deductions provided by law for all such retirement systems. For the purpose of distributing these

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retirement contributions, the state treasurer may use the statutory deductions determined by the Public Retirement Systems Actuarial Committee as per R.S. 11:103 for the previous calendar year.

B. The city of New Orleans shall make the deductions legally established for retirement systems which were eligible for payment pursuant to Act 153 of the 1973 Regular Session and shall make due payment in accordance with the statutory deductions provided by law for all such retirement systems. Notwithstanding the above provisions the city of New Orleans shall remit the following amounts for the indicated retirement systems for Fiscal Year 2019-2020: Assessors’ Retirement Fund, $168,474; Clerks of Court Retirement and Relief Fund, $137,015; District Attorneys’ Retirement System, $67,281; Registrars of Voters Employees’ Retirement System, $64,443; Sheriffs’ Pension and Relief Fund, $55,762.

Section 8. The respective percentages to be used in calculating tax collectors’ commissions and retirement system distributions shall be as follows:

PARISH SHERIFF RETIREMENTAcadia 1.491% 1.047%Allen .739% .475%Ascension 1.283% .985%Assumption .871% .399%Avoyelles 1.263% .811%Beauregard .842% .583%Bienville .596% .405%Bossier 1.705% 2.281%Caddo 5.490% 10.375%Calcasieu 4.719% 6.051%Caldwell .473% .319%Cameron .498% .400%Catahoula .468% .303%Claiborne .543% .326%Concordia .730% .486%DeSoto .547% .349%East Baton Rouge 7.118% 11.977%East Carroll .443% .331%East Feliciana .489% .238%Evangeline .730% .525%Franklin .731% .757%Grant .614% .357%Iberia 2.221% 1.847%Iberville 1.391% .810%Jackson .653% .495%Jefferson 13.312% 13.856%Jefferson Davis .693% .766%Lafayette 3.081% 2.843%Lafourche 1.928% 1.958%LaSalle .548% .349%Lincoln .727% .922%Livingston 1.679% 1.322%Madison .443% .401%Morehouse 1.001% .907%Natchitoches 1.072% .775%Ouachita 2.736% 3.200%Plaquemines 1.436% 1.241%Pointe Coupee .641% .422%Rapides 3.250% 3.751%Red River .421% .147%Richland .655% .683%Sabine .685% .517%St. Bernard 3.467% 3.005%St. Charles 1.060% .959%St. Helena .446% .291%St. James .928% .759%St. John the Baptist 1.184% .704%St. Landry 2.740% 2.013%St. Martin 1.121% .626%St. Mary 1.895% 1.826%St. Tammany 2.752% 2.396%Tangipahoa 2.773% 1.863%Tensas .343% .266%Terrebonne 2.233% 2.175%Union .590% .409%Vermilion 1.220% 1.004%Vernon 1.627% 1.112%Washington 1.349% .922%Webster 1.068% 1.131%West Baton Rouge .747% .516%West Carroll .464% .466%West Feliciana .404% .188%Winn .633% .377%

Section 9. All remaining funds shall be allocated and distributed as follows:A. Subject to the provisions of Subsection B of this Section and except as

provided by Section 5, the tax collector of each parish and the city of New Orleans shall allocate and distribute, within fifteen days after receipt thereof, to the tax recipient bodies within his jurisdiction an amount available after

commissions and deductions which is necessary to offset losses attributable to homestead exemptions. In any parish which had excess funds in 1977, the amount available for the reimbursement of homestead exemption losses shall be limited to the amount used for that purpose in 1977, adjusted by the percentage by which the number of homesteads in the parish increased or decreased from 1977 to 2018, together with any additional taxing bodies or millages authorized to participate on the same pro rata basis under the provisions of Section 1(a)(3), Section 1(a)(4), and Section 9(B) of this Act. This restriction shall not apply to the parish of East Carroll and to parishes in which there were no excess funds in 1977. However, in the city of New Orleans the amount available for the reimbursement of homestead exemption losses shall be limited to the amount used for that purpose in 1977, except that the amount distributed to the Orleans Levee District or its successor shall be limited solely to the amount used for the reimbursement of homestead exemption losses in 1977 on the Orleans Levee District’s two mill tax. The remaining amount shall be adjusted by the percentage by which the number of homesteads in the city of New Orleans increased or decreased from 1977 to 2018, together with any additional taxing bodies or millages authorized to participate on the same pro rata basis under the provisions of Subsection B of this Section.

B. For purposes of this Subsection only, tax recipient bodies shall mean and include any recipient of funds hereunder, but limited solely to such specified disbursements. The millages listed are included solely as an identification aid for administrative purposes and the new tax approved by the electorate shall be eligible for distribution hereunder, regardless of fluctuations in millage caused by adjustments for reassessment or other purposes. In no event shall any amount be deemed available within the meaning of Article VII, Section 26 of the Constitution of Louisiana to reimburse losses attributable to homestead exemptions for taxes authorized after January 1, 1978, and any renewals thereof, with the following basic exceptions:

(1) In the parish of Sabine, all millages listed on the tax roll, except the sheriff’s original millage, shall share on a pro rata basis.

(2) In the parish of DeSoto, all school board taxes authorized after January 1, 1978, and prior to the convening of the 1979 Regular Session, the 7 mill parishwide school tax authorized May 2, 1987, the 37 mill school special tax authorized October 24, 1987, the assessor’s original millage, the maintenance taxes for Fire Protection Districts Nos. 1, 5, 8, and 9 prior to 1990, the 7 mill tax authorized in 1994 for Fire District #2, the additional 8.37 mill tax authorized on November 7, 1978, for the parish law enforcement district, the 1 mill tax authorized April 5, 1997, for Water District #1, the 3 mills tax authorized November 21, 2002, for the parish library, and the 1 mill tax authorized July 16, 1994, for the Communications District 911 System, shall share on a pro rata basis with all other tax recipient bodies in the parish. The parish road maintenance tax which lapsed in 1983 and which was reauthorized at 5 mills in 1984 shall share on a pro rata basis with all other tax recipient bodies in the parish.

(3) In the parish of Bossier, after full reimbursement of all taxes authorized prior to May 1, 1978, to all other tax recipient bodies in the parish including the additional 3 mills authorized on April 5, 1980, for the law enforcement district and the assessor’s original millage, the following new millages shall be reimbursed to the extent available:

School Board District 13--11.63 mills/September 16, 1978School Board District 3--15.1 mills/September 16, 1978

(4) In the parish of Grant, all new millages authorized prior to January 1, 1989, the 10.9 mill tax authorized January 16, 1999, for the library, the millage authorized October 7, 1989, for Fire District No. 1, the 15 mill tax authorized in 1995 for Fire District #3, the additional mills for the law enforcement district and the assessor’s original millage, but excluding bond millages, shall share on a pro rata basis with all other tax recipient bodies in the parish.

(5) In the parish of Webster, after full reimbursement of all taxes authorized prior to January 1, 1978, to all other tax recipient bodies in the parish and the assessor’s original millage, the following new millages shall be reimbursed to the extent available:

Doyline School District No. 7--33.32 mills/August 1, 1979Consolidated School District No. 3--10.51 mills/June 1, 1978Minden School District No. 6--32.9 mills/May 1, 1980Parish Library–12 mills/November 2004

(6) In the parish of Vernon, all taxes authorized after January 1, 1978, including the additional 7 mills authorized on April 4, 1981, for the law enforcement district, but excluding the sheriff’s original millage, shall share on a pro rata basis with all other tax recipient bodies in the parish.

(7) In the parish of East Baton Rouge, the B.R.E.C. Maintenance and Operation and Capital Improvement millages shall be limited to a total of 5.44 mills.

(8) In the parish of Lafourche, the total parish allocation, excluding the tax collector’s commission and the retirement systems’ deductions shall form a special fund to be distributed as follows:

Parish Council - 57.40%School Board - 27.25%South Lafourche Levee District - 2.95%Port Commission - 2.06%Assessor - 3.32%Bayou Lafourche Fresh Water District - 2.82%North Lafourche Levee District - 4.20%

Provided, however, that of the funds distributed to the Bayou Lafourche Fresh Water District in any state fiscal year, no less than Ten Thousand

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($10,000) Dollars shall be used for the abatement of water hyacinth and other noxious vegetation within the jurisdiction of the district in Lafourche Parish.

(a) Of the amount distributed to the parish the following allocations shall be made:

Bayou Blue Fire District - 0.42%Drainage District No. 1 - 0.90%Drainage District No. 5 - 0.65%Fire District No. 1 - 0.57%Fire District No. 2 - 0.59%Fire District No. 3 - 1.30%Fire District No. 9 - 0.42%Lafourche Ambulance District No. 1 - .61%Recreation District No. 2 - 2.81%Water District No. 1 - 3.02%Health Unit - 3.04%Recreation Commission - 5.05%Recreation District No. 1 - 0.96%Recreation District No. 8 - 0.61%Drainage - 10.14%Road Lighting - 4.24%Public Buildings - 6.19%Library - 6.24%Criminal - 0.24%Road District #1 - 5.46%Drainage 1 of 12 - 0.20%Drainage 2 of 12 - 0.11%Drainage 3 of 12 - 0.14%Juvenile Justice - 1.47%

(b) The amount distributed to the school board shall be allocated as follows:Schools - 24.31%Special Education - 2.94%

(9) In the parish of Calcasieu, the total parish allocation, excluding the tax collector’s commission and the retirement systems’ deductions, shall form a special fund to be distributed as follows:

Police Jury--48.5%School Board--29.4%Sheriff--11.9%Police Jury--5.0% to be distributed to the district attorneyLake Charles Harbor and Terminal District--2.8%Assessor--2.3%Vinton Harbor and Terminal District--0.1%.

(10) In the parish of Iberville, the library’s 1996 millage shall be limited to 2.9 mills.

(11) In the parish of St. Bernard, the assessor’s millage shall be limited to 1.47 mills.

(12) In the parish of Livingston, the library’s 1995 millage shall be limited to 3.48 mills, the assessor’s millage shall be limited to 2.56 mills, and the Juvenile Detention Center’s 1995 millage shall be limited to .44 mills, the #2 Fire District’s millage shall be limited to .81 mills, the #8 Fire District’s millage shall be limited to 1.91 mills, and the #9 Fire District’s millage shall be limited to 1.96 mills.

(13) In the parish of Assumption, the total parish allocation, excluding the tax collector’s commission and the retirement systems’ deductions, shall form a special fund to be distributed as follows:

Law Enforcement District - 30.77%Police Jury - 30.25%School Board - 28.72%Assessment District - 10.26%

(14) The following new millages shall share on a pro rata basis with all other tax recipient bodies in their respective parishes:

AcadiaBayou des Cannes-Nepique Gravity Drainage District--10 mills/19965th Ward Gravity Drainage District--5 mills/April, 1980Iota-Long Point Gravity Drainage--0.40 mills/October 27, 1979Bayou Mallett Gravity Drainage--0.73 mills/April 5, 19806th Ward and Crowley Dist. Maint.--1.29 mills/Dec. 8, 1979Basile School District #7 Maintenance--3.32 mills/May 19, 1979Acadia-St. Landry Hospital District--7 mills/November 2, 1982Bayou Plaquemine-Wikoff Drainage--5 mills/Jan. 21, 1984Library--4.25 mills/Jan. 19, 1985Road Maintenance--3 mills/Nov. 28, 1981Health Unit Mt.--1.06 mills/Nov. 28, 1981Fire District #4 Maintenance – 8 mills/January 16, 1999Assessor’s original millageFire District #6 Maintenance–8.01 mills/June 15, 2000

AllenLaw Enforcement District (Additional)--6.47 mills/April 11, 1992Assessor--5.23 mills/1990Road Dist. #1--4.86 mills/1992Road Dist. #1--20.69 mills/1995Road Dist. #1A--8 mills/1995Road District No. 2 Maintenance--7 mills/October 6, 1990Road District No. 2 Maintenance--10 mills/July 18, 1992Road District No. 2 Bridge Maint.--5 mills/July 18, 1992Road District No. 3 Maintenance--8.18 mills/March 10, 1992Road District No. 3 Maintenance--10 mills/January 20, 1990

Road Dist. #3--30 mills/1995Road Dist. #4--21.12 mills/1995Road District No. 4 Maintenance--30 mills/March 10, 1992Library -- 10.76 mills/October 2002Courthouse and Jail--4 mills/November 6, 2012Road District 5--5.30 mills/November 6, 2012

AscensionLaw Enforcement District (Additional)--5 mills/Nov. 4, 1980Library Maintenance--4.2 mills/November 6, 1990Library -- 2.6 mills/2000East Asc. Gravity Drainage Dist.--5 mills/January 20, 1979West Asc. Gravity Drainage Dist.--5 mills/November 4, 1980West Ascension Gravity Drainage Dist.-- 4.67 mills/2000Mental Health -- 2 mills/2000Road Lighting District No. 1--5 mills/ January 16, 1993Road Lighting District No. 2--5 mills/ January 16, 1993Road Lighting District No. 3--5 mills/ January 16, 1993Road Lighting District No. 4--5 mills/ January 16, 1993Road Lighting District No. 5--5 mills/ January 16, 1993Road Lighting District No. 6--5 mills/ January 16, 1993Road Lighting District No. 7--5 mills/ September 27, 1986Prairieville Fire District #3--11 mills/ July 16, 2005Prairieville Fire District #3--10 mills/April 2, 2011Assessor’s original millage

AvoyellesAll millages listed on the tax roll, except the sheriff’s original millage,

shall share on a pro rata basis.Beauregard

Law Enforcement District--5 mills/April 5, 1980Assessor’s original millage

BienvilleSolid Waste--6 mills/April 7, 1984Assessor’s 1997 millage

CaddoFire Protection District No. 1--5 mills/July 16, 1983Juvenile Court--0.12 mills/January 16, 1982Jail Facilities--4.00 mills/April 5, 1980Courthouse Maintenance--3.00 mills/January 16, 1982Law Enforcement District (Cont. Ser.)--4.00 mills/April 30, 1983Library--4.90 mills/April, 1988Library--5.26 mills/April 1996Fire Dist. No. 2--10 mills/April 7, 1984Fire Dist. No. 3--10 mills/Sept. 29, 1984Fire Dist. No. 4--10 mills/Nov. 6, 1984Fire Dist. No. 5--10 mills/Nov. 6, 1984Fire Dist. No. 6--10 mills/Jan. 19, 1985Fire Dist. No. 7--10 millsFire Dist. No. 8--4 mills/1999Fire Dist. No. 9--10 mills/Nov. 18, 1989Fire Dist. No. 1--10 mills/1989School Board Operations--11 mills/May 4, 1985Public Works--6 mills/November 4, 1986Public Facilities--0.92 millsJail--2 millsAssessor’s original millageParish Health Unit--1 mill/1990Caddo Detention Center--3 mills/1990Law Enforcement District--3 mills/November 6, 1990Law Enforcement District--3.0 mills/October 16, 1993BioMedical--2 mills/1993Criminal Justice System--1.82 mills/October 20, 2001

CaldwellAssessor’s original millageRecreation Maintenance--November 1995Road Maintenance--May 1990

CameronLaw Enforcement District (Add.)--8 mills/April 7, 1990Assessor’s original millage

CatahoulaAll millages listed on the tax roll, except the sheriff’s original millage,

shall share on a pro rata basis.Claiborne

Assessment DistrictSchool District #13--12 mills/November 2, 1982Law Enforcement District--6.25 mills/July 21, 1990School Board Maintenance--2 mills/April 5, 1986School Board Operations--5 mills/April 5, 1986Police Jury Building--2 mills/March 30, 1985 Road, Street & Bridge Maintenance--1993Road Equipment--1993

ConcordiaSchool Operation & Maintenance--23.25 mills/September, 1982Library--All millagesAssessor’s original millageLaw Enforcement District--12 mills/April 11, 1992Highway, Drainage and Courthouse Maintenance--10 mills/October 16,

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1993East Baton Rouge

Fire Protection #6 (Hooper Rd.)--10 mills/November 6, 1984Fire Protection #3 (Brownsfield)--10 mills/November 6, 1984Fire Protection #4 (Central)– 10 mills/October 8, 1985Zachary Constitutional School -- 5 mills/November 15, 2003Baker Constitutional School -- 5 mills/November 15, 2003

East CarrollGarbage District No. 1--7 mills/November 4, 1980Parish Library--6.5 mills/May 22, 1989Parish Health Unit--3 millsRural Fire District Maintenance--2 millsCourthouse Maintenance--2 millsRoad Maintenance and Construction--0.75 mills/March 26, 1983Drainage Maintenance and Construct.--0.75 mills/March 26, 1983East Carroll Hospital Service Dist.--5 mills/May 5, 1984Assessor’s original millage

East FelicianaAssessment District, 1997

EvangelineConsolidated School Dist. #2--9.47 mills/May 19, 1979Basile New School Dist. #7--3.32 mills/May 19, 1979Elderly Services--1 mill/Nov. 4, 1980Ward 5 Fire Protection District--11.17 millsPine Prairie Fire Protection District--8.95 mills/Nov. 3, 1992Acadia-Evangeline Fire Protection District--0.97 millsMamou Fire Protection District No. 1--8.0 mills/April, 1995Fire District No. 2 -- 5 mills/1999District Two Cemetery--1.07 millsDistrict Three Cemetery--1.07 millsDistrict Seven Cemetery--1.01 millsRoad District Two--10.00 mills (Additional)Road District No. 5--10 mills/1997Ward One Cemetery--1 mill/1997Ward Four Cemetery--1 mill/1997Ward Five Cemetery--1 mill/1997Road District Three--.48 mills/1987 and 5.0 mills/1996Road District Four--10.00 mills (Additional)Mamou Gravity Drainage District No. 5--1.56 millsPrairie Mamou Gravity Drainage District No. 8--3.42 millsDurald Gravity Drainage District No. 4Vidrine Gravity Drainage District No. 7Assessor’s original millageLone Pine Fire District–20 mills/November 21, 2012

FranklinLaw Enforcement District--10 mills/July 10, 1982Assessor’s original millageLibrary--7 mills/1990Health Unit--3.0 mills/November 6, 1990Parish Equipment--8.0 mills/October 16, 1993Drainage Maintenance--11 mills/October 16, 1993Courthouse Maintenance--4 mills/October 16, 1993

IberiaRecreation District No. 8--1.85 mills/November 13, 1993Assessment District

IbervilleLaw Enforcement District (Additional)--5 mills/December 8, 1979Assessor’s original millage

JacksonAdditional Support to Public Sch.--7.07 mills/July 28, 1979Law Enforcement District--8 mills/May 16, 1981Library--All millagesAssessment district

JeffersonWest Jefferson Levee District--All millagesConsolidated Waterworks District No. 1--3.54 mills/October 19, 2013Consolidated Sewerage District No. 1--3.58 mills/October 19, 2013

LafayetteLafayette Parish Public Library--1.09 mills/May, 1979School Board--10 mills/May 4, 1985Lafayette Parish Sheriff--5.0 mills/May, 1980Assessor’s original millageBayou Vermilion District--All maintenance taxes prior to 1990

LaSalleLaw Enforcement District (Additional)--8.2 millsLibrary--November 1995Road District 2B--3.09 mills/April 16, 1988Road District 2BN--1.03 mills/April 16, 1988Ambulance Tax--0.65 millsRoad and Bridge--0.66 millsHealth Unit--0.23 millsFair Tax--0.09 millsSpecial B & C 1A--0.19 millsSewer Maintenance--6.04 millsFire District--5.32 millsLittle Creek-Searcy Volunteer Fire District -- 20 mills

Summerville-Rosefield Volunteer Fire District -- 20 millsEden-Fellowship Volunteer Fire District -- 9.79 millsWhitehall Volunteer Fire District -- Operations -- 10 millsWhitehall Volunteer Fire District -- Maintenance -- 10 millsRecreation District #22--1.05 millsAssessor’s original millage

LincolnLibrary Const./Mt.--0.75 Mills/January 21, 1978Law Enforcement District (Additional)--8.5 mills/July 22,1992School-Special Maint. & Oper.--0.15 mills/May 18, 1979School-Special Repair & Equip.--0.15 mills/May 18, 1979Library--0.71 mills/January 15, 1983Assessor’s original millage

LivingstonLaw Enforcement District (Special)--12.19 mills/1976Recreation District #3--2 mills/May 19, 1979School District No. 5--5 mills/November 2, 1982Fire District No. 1--10.04 mills/1986Fire District No. 5--10 mills/Nov. 6, 1984Fire District No. 7 -- 5 mills/1999Fire District No. 10--10.33 mills/1985Fire District No. 11--All millagesRoads & Bridges--5 mills/November 3, 1992

MadisonAssessor’s original millage

MorehouseBastrop Area Fire Pro. Dist. No. 2--2 mills/Nov. 7, 1978Assessor’s original millageLibrary--1 mill/ Jan. 20, 1990

NatchitochesLaw Enforcement District (Additional)--10 mills/May 16, 1981Fire District No. 6--7 millsParish Ambulance TaxFire District No. 7--10 millsGoldonna Area Fire Protection Dist. No. 2Library--3 mills/1988Assessor’s original millage

City of New OrleansBoard of Assessors’ original millage

OuachitaLaw Enforcement District (Add.)--7.85 mills/Oct. 17, 1981Ouachita Parish Road Lighting District No. 1 (Lakeshore Area)Ouachita Parish Assessment DistrictGreen Oaks Juvenile Detention Home -- 3.75 mills/1996Library -- 7.75 mills/1995

PlaqueminesSchool Board Tax--6 (4 Maint./2 Sal.) mills/November 19, 1983Law Enforcement District (Additional)--5 mills/May 4, 1985Water--2.47 mills in 1992Library--1.24 mills in 1992Pollution Control--2.47 mills in 1992Road Maintenance--1.86 mills in 1992Public Health--1.24 mills in 1992Waste Disposal--3.69 mills in 1992Incineration--1.24 mills in 1992Hospital--2.54 mills in 1992Law Enforcement Jail Fac. Prop. I--6 mills/October 3, 1992Assessor’s original millage

Pointe CoupeeLaw Enforcement District (Additional)--10 mills/April 4, 1981School Board--5.83 mills/April 4, 1981Library--1.22 mills/April 4, 1981Fire Protection Dist. #1--All maint. millages prior to 1991Fire Protection District #2--3 mills/October 17, 1981Fire Protection District #3--3 mills/October 17, 1981Fire Protection District #4--3 mills/October 17, 1981Fire Protection District #5--5 mills/October 17, 1981Sewerage Dist. No. 1 Mt.--5 mills/July 9, 1977 (levied 1980)Assessor’s original millage

RapidesRapides Parish School Board--.20 mills/April 1, 1978Rapides Parish School Board--15.20 mills/May 13, 1978Gravity Drainage District #1 Main.--1 mill/October 17, 1981Road District 1A (Ward 4)Road District 2CRoad District 3ARoad District 5ARoad District 6A (Ward 6)Road District 7A (Ward 7)Road District 36 (Ward 8)Road District 9B (Ward 9)Road District 10A (Ward 10)Road District 2B (Ward 11)Fire District #8 (Maint.)--20 mills/April 30,1983School District No. 11 (Ward 10)--2 mills/May 7, 1980School District No. 50 (Ward 11)--2 mills/September 11, 1982

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School Dist. No. 51 (Ward 5)--All maint. millages prior to 1990Consolidated School Dist. No. 62--4.02 mills/April 4, 1987Consolidated School Dist. No. 62--4.00 mills/April 16, 1988Fire District No. 5--20 mills/Nov. 4, 1986Fire District No. 3--12 mills/Oct. 19, 1985Fire District No. 7--6 mills/May 3, 1986Fire District No. 9Fire District No. 10--20 mills/Nov. 4, 1986Fire District No. 11Fire District No. 12Assessor’s original millagePlainview Fire District No. 10--10 mills/1990Fire District #4Fire District #7Senior CitizensBuckeye Recreational DistrictFlatwoods Fire DistrictLaw Enforcement District (Additional)--Nov. 6, 1984Fire District No. 6--20 millsLibrary--6.0 mills/January 15, 1994Library--1.00 mill/September 30, 2006Recreational District Ward 9--6.14 mills/November 17, 2001

Red RiverLaw Enforcement District (Additional)--5 mills/April 5, 1980

St. BernardSt. Bernard Port, Harbor and Terminal District--All millagesLibrary--All millages

St. CharlesLaw Enforcement District (Add.)--7.75 mills/Nov. 4, 1980Library--3 mills/September 27, 1986Law Enforcement District –3.75 mills/July 16, 2005Assessor’s original millage

St. HelenaParishwide Road District MaintenanceRoad District #1 MaintenanceSub-Road District #2 of Road District #2 MaintenanceRoad District #3 MaintenanceRoad District #4 MaintenanceRoad District #5 MaintenanceRoad District #6 MaintenanceParish LibraryFire Protection District #5 MaintenanceLaw Enforcement District--10 mills/May 3, 1986Assessor’s original millageSub-Road District #1 of Road District #2Fire Protection District #2Fire Protection District #3Florida Parishes Juvenile Detention Center--3 mills/1995

St. JamesSt. James Hospital Board--4.31 mills/May 18, 1979Gramercy Recreation District--5 mills/May 18, 1979Law Enforcement District--6.00 mills/July 16, 1988Assessment District, 1985

St. JohnLaw Enforcement District (Additional)--15.18 mills/May 17, 1980Assessor’s original millage

St. LandryGravity Drainage District No. 1 of Ward 2Fire District #3Fire District #2Fire District No. 5St. Landry Parish School Board--12 mills/May 3, 1986Jail Maintenance Tax--1 mill/April 30, 2011Fire District No. 6Acadia-St. Landry Hospital District--7 mills/November 2, 1982Road District #11A, Sub-1--10.00 mills/1993Road District #11-A, Sub-2 Maintenance--5 mills/April 30, 1983Road District #3, Ward 1, Sub-1 Main.--10 mills/Jan. 21, 1984Road District #12, Ward 2--2.65 mills/January 1, 1979Road District #1, Ward 3Road District #4--10 mills/July 21, 2001Road District #5--15 mills/1993Road District #6--15 mills/ May 4, 2002Assessor’s original millageSouth St. Landry Comm. Library Dist.--5.75 mills/Nov. 16, 1991Fire District #1

St. MartinAssessor’s original millage

St. MaryWax Lake East Drainage DistrictSub Gravity Drainage District of Wax Lake EastAssessor--2.9 mills/1982Hospital Service District No. 1--7.88 mills/1999Hospital Service District No. 1--6 mills/1999Hospital Service District No. 1--3.47 mills/2003

St. Tammany

All millages listed on the tax roll, and in particular the parish library millages authorized on April 5, 1980, and May 5, 1984, with the exception of the sheriff’s original millage, shall share on a pro rata basis.

TangipahoaRoad Lighting District No. 2--5 mills/July 21, 1990Library--.60 mills/1984Library Maint.--2.60 mills/May 4, 1985Garbage District # 1 Maint.--10 mills/March 26, 1983Road District # 7 Maint.--5 mills/Sept. 11, 1982Fire Dist. #1--2.10 mills/1978Fire Protection District No. 1--7 mills/1998Fire Dist. #1--5.65 mills/1996Fire Protection District # 2--10 mills/May 5, 1984 (2 taxes)Fire Dist. #2--10 mills/1996Law Enforcement District (Additional)--10 millsDrainage District #4 Maint.--3 mills/April 30, 1983Assessor’s original millageGravity Drainage District No. 5--5 mills/April 7, 1990Florida Parishes Juvenile Detention Center--3 mills/1995Pontchatoula Recreation Dist.--10 mills/1996Independence Recreation Dist.--15 mills/1996Hammond Alternate School -- 3 mills/1996Hammond Recreation District No. 1 – 10 Mills/November 10, 2010

TensasGravity Drainage Dist. No. 2--3 mills/October 3, 1992Medical Services--12 mills/February 28, 1987Assessor’s additional millage--1988

TerrebonneAll millages listed on the tax roll, except the sheriff’s original millage,

shall share a pro rata basis.Vermilion

Subroad Dist. No. 5 of Road Dist. No. 2--5 mills/1979Road District No. 3--5 mills/1979Subroad Dist. No. 2 of Road Dist. No. 2--5 mills/1979Library -- 1.12 mills/1994

WashingtonWashington Schools Spec. Main./Op.--0.90 mills/1984School District #2 Maintenance--0.98 mills/1981School District #2 Support--0.98 mills/1981Bogalusa City Schools Main./Op.--23 mills/1989Library--4.57 mills/1987Angie School--5 mills/1990Assessor’s millageRich. FD #2 -- 8 mills/1998Bonner Creek Fire Dist.--8.46 mills/1987Bonner Creek Fire Dist.--5 mills/1996Spring Hill Fire Dist. #8--5.73 mills/1995Spring Hill Fire District #8 -- 6 mills/1998Mt. Herman Fire Dist. #9--16 mills/1995Pine Fire Dist. #4--10 mills/1995Angie Fire Dist. #5--10 mills/1992Varnado Fire Dist. #6--10 mills/1992Fire Dist. #7--5 mills/1996Fire Dist. #7--12.27 mills/1992Hayes Creek Fire District #3--17 mills/1999Florida Parishes Juvenile Detention Center--3 mills/1995

West Baton RougeLaw Enforcement District (Additional)--5 mills/1980

West CarrollWard 1 Road Maintenance--5.45 millsWard 2 Road Maintenance--4.59 millsWard 2 Special Tax--Road District #2--2.75 millsWard 3 Road Maintenance--4.96 millsWard 3 Special Tax--Road Dist. #3--2.98 millsWard 4 Road Maintenance--Road Dist. No. 4-4--4.20 millsWard 4 Road Maintenance--Road Dist. No. 4-6--5.28 millsWard 4 Special Tax--Road Dist. #4-4--2.52 millsWard 4 Special Tax--Road Dist. #4-6--3.17 millsWard 5 Road Maintenance--4.78 millsWard 5 Special Tax--Road Dist. No. 5--2.87 millsPublic Health Unit Maintenance--1.5 mills/ 1980Roads & Bridges--8 mills/March 30, 1985School Parishwide Maintenance--10 mills/ 1990Assessment District

West FelicianaLaw Enforcement District (Additional)--6 mills/1986Assessor’s original millage

WinnLaw Enforcement District (Additional)--8 mills/1981Assessor’s original millageLibrary -- 1979 millageLibrary -- 3 mills/1999

C.(1) If the amount distributed to the tax collector and the city of New Orleans is less than the amount required to reimburse tax losses on the basis of the tax rolls of the current calendar year as provided in Subsection A of this

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Section, the tax collector and the city of New Orleans shall prorate such lesser amount among the various tax recipient bodies within the parish so that the lesser amount received by each tax recipient body shall be proportionate to the reduction in the total amount distributed to each parish, and the amount distributed by the state treasurer to the city treasurer of the city of Monroe shall be based upon similar prorating, if necessary; however, in the parish of St. Bernard, the Lake Borgne Levee District shall receive a minimum of $163,000 and the St. Bernard Port, Harbor and Terminal District shall receive a minimum of $125,000 and, in Allen Parish the Special Law Enforcement District shall receive a minimum of $58,000 and the Assessor shall receive a minimum of $36,500.

(2) No bond millages levied to service bonds under the authority of Louisiana Constitution Article VI, Section 33(B) or Article XIV, Section 14 of the Louisiana Constitution of 1921 or any other constitutional or statutory authority for the issuance of general obligation bonds shall share in the proceeds of this Act and the governing authority of the issuing political subdivision shall levy and collect or cause to be levied and collected on all taxable property in the political subdivision ad valorem taxes sufficient to pay principal and interest and redemption premiums, if any, on such bonds as they mature; the only exceptions to this prohibition shall be specifically included in this Subsection. In the parish of Natchitoches, bond millages shall share and any tax recipient body in said parish otherwise eligible to participate in the revenue sharing fund may use the funds for the retirement of the principal, interest, or premium, if any, or any combination thereof, of any outstanding bonded indebtedness of such tax recipient body. In the parish of Livingston the millage authorized in 1975 for the parish health unit shall share as an operation and maintenance millage. In the parish of Avoyelles, the Ward 7 School District Construction Tax and the Ward 10 School District Construction Tax shall each share as an operation and maintenance millage. In the parish of DeSoto, the 150 mills authorized for School District #2 shall share as an operation and maintenance millage. In the parish of East Baton Rouge, the BREC Capital Improvement Tax shall share as an operation and maintenance millage. Bond millages may share in the parish of Sabine; however, if there are no excess funds those millages levied for operation and maintenance of those taxing districts eligible for reimbursement shall have priority for reimbursement to the extent that funds are available. In the parish of Bossier, bond millages and operation and maintenance millages shall share on a pro rata basis and the school bonds listed in Section 9(B)(3) shall share as provided therein.

(3) In the parish of St. Tammany, the parish governing authority shall make available out of its allocated funds a sufficient amount for the operation and maintenance of the food stamp offices and the service office for veterans established under R.S. 29:261. In the parish of St. Tammany, the parish governing authority shall make available out of its allocated funds five thousand dollars for the St. Tammany Humane Society. In the event of any decrease in the state’s appropriated portion of the salaries of the St. Tammany Parish Registrar of Voters Office, the parish governing authority shall make available out of its allocated funds a sufficient amount to replace such state funds, not to exceed $15,537.58. Of the funds allocated within the parish of St. Charles, thirty thousand dollars shall be distributed to the St. Charles Department of Community Services to be used for the operation of an outreach program at the St. Rose Community Center. Of the funds allocated within the parish of Acadia, $180,000 shall be distributed to the law enforcement district.

Section 10. In the event the distribution to the tax collector in each parish and to the city of New Orleans is more than the amount necessary to satisfy the requirements of Sections 6 and 7 of this Act and to reimburse all tax recipient bodies as set forth in Section 9 of this Act, then the city of New Orleans and the tax collector in each parish, within fifteen days after receipt thereof, shall distribute such remaining excess amount as follows, except as otherwise provided in Subsection D of this Section:

A. The portion of the excess equal to the ratio that the parish public school population bears to the total population of the parish shall be allocated and distributed to the respective city and parish school boards in the parish proportionate to the public school population of each.

B. The next portion of the excess remaining after allocation and distribution to the school boards, equal to the ratio that the total population of all incorporated areas in the parish bears to the total parish population, shall be allocated and distributed to the respective incorporated municipalities of the parish proportionate to the respective population of each.

C. The remaining portion of such excess, if any, after allocation and distribution to the school boards and incorporated areas of a parish, shall be allocated and distributed to the parish governing authority.

D. For purposes of this Subsection only, “tax recipient bodies” shall mean and include any recipient of excess funds hereunder. In the following parishes the tax collector thereof, or in Orleans Parish, the city of New Orleans, within fifteen days after receipt thereof, shall distribute such excess amount as follows:

(1) In the parish of Plaquemines, one hundred percent thereof to the parish governing authority.

(2) In the parishes of Cameron, St. Charles, and St. John the Baptist, seventy-five percent thereof to the parish governing authority, and twenty-five percent thereof to the parish school board.

(3) In the city of New Orleans, seventy percent thereof to the city of New Orleans and thirty percent thereof to the Orleans Parish School Board.

(4) In the parish of Jefferson, sixty percent thereof to the parish governing

authority, twenty-five percent thereof to the parish school board, and fifteen percent thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis. However, no less than twenty-five percent of the funds distributed to the parish governing authority in this Paragraph shall be utilized for existing drainage projects and for providing for additional pumps for those projects and excluding normal labor operating costs and other normal operational costs; such funds may also be used to repair parish property damaged by storms.

(5) In the parishes of Acadia, Bienville, East Feliciana, Franklin, Jackson, St. Helena, St. James, Vernon, Washington, and West Feliciana, fifty percent thereof to the parish governing authority, twenty-five percent thereof to the parish school board except that in the parish of Washington, which has a dual parish and city school administration, the twenty-five percent to the school boards shall be prorated between the parish and city school systems on the basis of public school population, and twenty-five percent thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis, except that in the parish of West Feliciana the initial fifteen thousand dollars of such excess shall be retained by the sheriff and the twenty-five percent for incorporated municipalities shall be distributed to the town of St. Francisville. In the parish of East Feliciana, the initial twenty-five thousand dollars of such excess shall be retained by the sheriff.

(6) In the parish of Jefferson Davis, the portion of the excess equal to the ratio that the public school population of the parish bears to the total population of the parish shall be allocated and paid to the Jefferson Davis Parish School Board, ten thousand dollars shall be allocated and paid to the Assessor for Jefferson Davis Parish, and of the remainder of the excess, fifty percent thereof to the parish governing authority and fifty percent thereof to the incorporated municipalities in the parish, two thousand one hundred dollars to be distributed to each incorporated municipality and the balance thereof to be distributed to such incorporated municipalities pro rata on a population basis.

(7) In the parish of St. Landry, thirty thousand dollars to the parish school board for the operation of two food processing plants and the remainder as follows: twenty-five percent to the sheriff for the operation and maintenance of his office; twenty-five percent to the parish school board for use by the school board; twenty-five percent to the municipalities of the parish, out of which five hundred dollars shall first be given to each municipality and the balance shall be distributed to the municipalities on the basis of the formula applying to the distribution of the tobacco tax; and twenty-five percent to the parish governing authority.

(8) In the parishes of Catahoula and Concordia, forty-four percent thereof to the parish governing authority, thirty-three percent thereof to the parish school board, and twenty-three percent thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis; prior to the distribution of any excess funds in Concordia Parish, the parish libraries therein shall be reimbursed an amount equal to any increase in the sheriff’s commission deducted from library taxes over and above the percentage authorized to be deducted in the 1975 calendar year; and the balance of the excess shall be distributed as provided in this Paragraph. However, in the parish of Catahoula, the tax collector shall retain the sum of seventeen thousand dollars of the excess, in addition to the commission provided in Section 6 of this Act, and the balance of the excess shall be distributed as provided in this Paragraph; and further, in the parish of Concordia, the tax collector shall retain the sum of thirty-five thousand dollars of the excess, in addition to the commission provided in Section 6 of this Act, and the balance of the excess shall be distributed as provided in this Paragraph.

(9) In the parishes of Sabine and Tangipahoa, forty percent thereof to the parish governing authority, thirty percent thereof to the parish school board, and thirty percent thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis.

(10) In the parishes of Tensas and Winn, thirty-five percent thereof to the parish governing authority, thirty-five percent thereof to the parish school board, and thirty percent thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis.

(11) In the parishes of Allen, Avoyelles, Bossier, Claiborne, DeSoto, East Carroll, Evangeline, Iberia, Lafayette, Lincoln, Madison, Rapides, Richland, St. Martin, St. Mary, Union, Webster, and West Carroll, thirty-three and one-third percent thereof to the parish governing authority, thirty-three and one-third percent thereof to the parish school board, and thirty-three and one-third percent thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis. Further, in the parish of Evangeline the additional excess funds received by the school board as a result of the change in percentages from those provided in Act 719 of the 1975 Regular Session of the Louisiana Legislature shall be used solely for the purpose of restoring the salaries or benefits to those school board employees to the same level or amount as were paid prior to the recent reductions or decreases in such salaries or benefits; however, if the excess funds are insufficient to restore the salaries or benefits to their former level or amount, then the excess funds shall be distributed on a pro rata basis. In the parish of Lafayette, the initial distribution shall be sixty thousand dollars to the Lafayette Association for Retarded Citizens,

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Incorporated, for operating expenses, one hundred seventy thousand dollars to the Lafayette Parish Sheriff, and the balance of the excess shall be distributed as provided above in this Paragraph. In the parish of Union, the initial distribution shall be six thousand dollars to the Spencer-West Sterlington Fire Protection District, Incorporated, for operating expenses; thereafter, the sheriff and ex officio tax collector shall retain the sum of fifty thousand dollars of the excess, in addition to the commission provided in Section 6 of this Act, and the balance of the excess shall be distributed as provided above in this Paragraph. In the parish of St. Mary, the parish governing authority shall make available out of its allocated excess funds a sufficient amount to the parish registrar of voters to pay the expenses of voter canvass required by law. In the parish of East Carroll the tax collector shall retain the sum of fifteen thousand dollars of the excess, in addition to the commission provided in Section 6 of this Act, and the balance of the excess shall be distributed as provided above in this Paragraph. In the parish of Claiborne the tax collector may retain up to an aggregate of ten percent of the excess as agreed to by resolution passed by the parish governing authority before receiving its part designated in this Paragraph, by resolution passed by the parish school board before receiving its part as designated in this Paragraph, and a resolution from each municipality in said parish; each of the above bodies in Claiborne Parish may provide the same or a different percentage for the sheriff but not to exceed ten percent of its share. In the parish of Webster the tax collector may retain up to an aggregate of ten percent of the excess to be received by the cities of Minden and Springhill and upon passage of resolutions authorizing same by respective governing authorities may retain amounts fixed in the resolution not to exceed ten percent of excess received by the police jury of Webster Parish and each of the other incorporated municipalities in Webster Parish.

(12) In the parishes of Iberville, Pointe Coupee, and West Baton Rouge, thirty-three and one-third percent thereof to the parish governing authority, thirty-three and one-third percent thereof to the parish school board, and thirty-three and one-third percent thereof of such excess amount to the incorporated municipalities in the parish, in the same amounts of funds as were distributed to each in 1972 under the provisions of Act 4 of the 1972 Extraordinary Session except:

(a) If the amount of excess funds is insufficient to supply the amounts distributed in 1972 to each incorporated municipality in the parish, the amount to be allocated and distributed to each incorporated municipality shall be reduced by the ratio that the amount of excess funds distributed to it in 1972 under Act 4 of the 1972 Extraordinary Session bore to the total amount of excess funds then so distributed to all of the incorporated municipalities in the parish; or

(b) If the amount of such excess funds exceeds the amount necessary to supply the same amounts of excess funds distributed in 1972 to each incorporated municipality in the parish, the excess over the amounts distributed in 1972 shall be allocated and distributed to each incorporated municipality in the parish in the ratio that the population in each bears to the total population of all of the incorporated municipalities in the parish.

However, in the parish of Pointe Coupee, the sheriff shall retain the sum of ten thousand dollars of such excess amount, in addition to the commission provided in Section 6 of this Act, to be used for the operation and maintenance of his department, and the balance of the excess shall be distributed as provided above in this Paragraph.

(13) In the parish of Ouachita, the funds shall be distributed as follows: thirty-three percent thereof to the parish governing authority, thirty percent thereof to the city and parish school boards to be prorated between the city and parish school boards on the basis of public school population, and thirty-seven percent thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis.

(14) In the parish of Caddo, twenty-five percent thereof to the parish governing authority, thirty-five percent thereof to the parish school board, and forty percent thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis.

(15) In the parish of East Baton Rouge, such excess amount shall be distributed to the East Baton Rouge Parish School Board, the East Baton Rouge City-Parish Government, the town of Zachary, the city of Baker and the East Baton Rouge Parish Recreation Commission in proportion to the ad valorem taxes collected by or reimbursed to each and sales taxes collected by each in the twelve-month period ending June 30, 1974, and every subsequent twelve-month period. However, twenty thousand dollars of such excess funds shall be dedicated to each of the following volunteer fire departments: Pride, Sharon Hills, Central, Brownsfield and East Side.

(16) In the parish of Calcasieu, thirty-three and one-third percent thereof to the parish governing authority, thirty-three and one-third percent thereof to the parish school board, and thirty-three and one-third percent thereof to the incorporated municipalities in the parish, two thousand one hundred dollars to be distributed to each incorporated municipality and the balance thereof to be distributed to such incorporated municipalities pro rata on a population basis.

(17) In the parish of Beauregard, forty percent thereof to the parish governing authority, thirty-five percent thereof to the parish school board, and twenty-five percent thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis.

(18) In the parish of Morehouse, one-third thereof to the parish school board, one-third thereof to the parish governing authority, and one-third thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis.

(19) In the parish of Grant, fifty percent thereof to the sheriff and fifty percent thereof to the parish governing authority.

(20) In the parish of Lafourche, one hundred percent thereof to the parish governing authority, the first two hundred thousand dollars of which shall be used for existing parish roads.

(21) In the parishes of Caldwell and LaSalle, one-third thereof to the parish governing authority, one-third thereof to the parish school board, and one-third thereof to the incorporated municipalities in the parish, to be distributed to such incorporated municipalities pro rata on a population basis. Prior to the distribution of any excess funds in LaSalle Parish, one thousand dollars shall be disbursed to the Hardtner Medical Center, a publicly owned hospital, to be donated to the Medical Scholarship Fund, and five thousand dollars shall be disbursed to the LaSalle Association for the Developmentally Delayed, however, none of these monies are to be used for salaries and provided that this amount is spent to directly assist the students, and the balance of the excess shall be distributed as provided above in this Paragraph.

(22) In the parish of Rapides, the initial fifteen thousand dollars of such excess shall be paid over to the town of Ball, and the remainder of the excess shall be divided as follows: thirty-three and one-third percent thereof to the parish governing authority, thirty-three and one-third percent thereof to the parish school board, and thirty-three and one-third percent thereof to the incorporated municipalities pro rata on a population basis.

(23) In the parish of Vermilion, sixty percent to the sheriff and forty percent to the Vermilion Parish assessor.

(24) In the parish of Red River, the initial distribution shall be two thousand five hundred dollars to the National Guard Armory located in said parish and the balance of the excess shall be distributed as provided in Subsections A, B and C of this Section.

(25) In the parish of Assumption, the first twenty thousand dollars of excess shall be distributed to the Assumption Parish Assessor, with the residual being distributed as provided in Subsections A, B, and C of this Section.

E. In the parishes of Allen and Cameron, such excess amounts shall not be expended until the parish or expending authority or agency has received the approval of a majority of the legislative delegation representing the parish, the senators and representatives each having an equal vote, provided that if there is a tie vote, the parish or expending authority or agency shall have one vote in order to break the tie vote.

F. In order to provide flexibility in the use of excess funds, no excess funds shall be distributed to any recipient by the tax collector of the parish of Evangeline as provided in this Section until approval of such distribution of excess funds to each recipient thereof has been granted by the member or members of the House of Representatives and the Senate who represent the parish in the legislature. Such approval shall be requested by the chief executive officer of the recipient body who shall submit to the respective members of the legislature a written request for such excess funds, such written request to contain the amount of excess funds requested and the purpose for which they will be expended. Upon receipt, but only upon receipt, by the tax collector of the written approval of such a request from each of the members of the legislature who represent the parish, the tax collector of the parish shall make the distribution requested provided that such distribution is in compliance with the provisions of this Act and particularly other provisions of this Section.

Section 11. The parish governing authority shall have the power and authority to expend such excess funds received by it for any governmental purpose or function and may allocate and distribute any portion of such excess funds received by it to its tax recipient bodies, sheriff, other taxing districts, incorporated municipalities, and other public officials.

Section 12. In accordance with the provisions of this Act, the amount to be distributed to each parish and to the city of New Orleans during the Fiscal Year 2019-2020 shall be as follows:

Total Due Sheriff’s RetirementPARISH FY 2019-2020 Fund Contribution

ACADIA $ 1,217,729 $ 144,951 $ 20,871ALLEN 504,085 71,844 9,468ASCENSION 2,450,177 124,730 19,635ASSUMPTION 440,441 84,676 7,954AVOYELLES 806,317 122,786 6,166BEAUREGARD 731,113 81,857 1,621BIENVILLE 269,966 57,942 8,073BOSSIER 2,433,049 165,756 45,469CADDO 4,565,668 533,724 206,812CALCASIEU 3,905,556 458,769 120,619CALDWELL 210,404 45,984 6,359CAMERON 146,955 48,414 7,973CATAHOULA 206,284 45,498 6,040CLAIBORNE 318,373 52,789 6,498CONCORDIA 399,528 70,969 9,688DESOTO 563,876 53,178 6,957EAST BATON ROUGE 8,402,130 691,994 238,746EAST CARROLL 129,581 43,067 6,598

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EAST FELICIANA 393,977 47,539 4,744EVANGELINE 661,358 70,969 10,465FRANKLIN 418,114 71,066 15,090GRANT 447,252 59,692 7,116IBERIA 1,418,365 215,920 36,817IBERVILLE 635,826 135,230 16,146JACKSON 316,541 63,483 9,867JEFFERSON 8,298,579 1,294,159 276,201JEFFERSON/DAVIS 619,484 67,372 15,269LAFAYETTE 4,617,644 299,527 56,671LAFOURCHE 1,960,757 187,435 39,030LASALLE 295,695 53,275 6,957LINCOLN 882,183 70,677 18,379LIVINGSTON 2,744,431 163,228 26,352MADISON 207,825 43,067 7,993MOREHOUSE 507,033 97,315 18,080NATCHITOCHES 747,928 104,217 15,449ORLEANS 7,108,816 0 0OUACHITA 2,913,439 265,987 63,788PLAQUEMINES 441,138 139,604 24,738POINTE COUPEE 446,088 62,316 8,412RAPIDES 2,583,353 315,957 74,771RED RIVER 167,558 40,929 2,930RICHLAND 403,651 63,677 13,615SABINE 486,760 66,594 10,306ST. BERNARD 872,039 337,053 59,901ST. CHARLES 1,036,182 103,051 19,116ST. HELENA 217,539 43,359 5,801ST. JAMES 417,796 90,218 15,130ST. JOHN 856,188 115,105 14,033ST. LANDRY 1,612,829 266,376 40,126ST. MARTIN 1,064,251 108,981 12,478ST. MARY 1,026,581 184,227 36,399ST. TAMMANY 5,077,309 267,543 47,761TANGIPAHOA 2,567,387 269,584 37,136TENSAS 88,575 33,346 5,302TERREBONNE 2,143,377 217,087 43,356UNION 447,994 57,358 8,153VERMILION 1,170,016 118,605 20,013VERNON 965,713 158,173 22,166WASHINGTON 920,626 131,146 18,379WEBSTER 786,118 103,828 22,545WEST BATON ROUGE 514,781 72,621 10,286WEST CARROLL 220,934 45,109 9,289WEST FELICIANA 281,898 39,276 3,748WINN 286,840 61,539 7,515 TOTAL $ 90,000,000 $ 9,721,748 $ 1,993,366

Section 13. The state treasurer shall distribute one-third of the total amount herein allocated to the parishes from the revenue sharing fund to the parish tax collector, or in Orleans Parish to the city of New Orleans, not later than the first day of December in each year, one-third thereof not later than the fifteenth day of March in each year and one-third thereof not later than the fifteenth day of May in each year, and each one-third of the total allocation shall be distributed in accordance with the provisions of Sections 6, 7, 9, and 10 of this Act; however, the legislative auditor may authorize the granting of additional sums due any recipient in advance upon a showing that the advance receipt of such funds is reasonably necessary. If the state treasurer does not distribute the fund on or before the dates specified in this Act, any interest or other income derived by the state from the parish allocations, earned prior to the distribution to the parishes, shall be paid over a pro rata basis together with the principal amounts due the parishes under the provisions of this Act. Any interest or other income derived by the parish tax collector or the city of New Orleans from the investment or other use of such total parish allocations received from the state treasurer, earned prior to the distributions within the parish as required by the foregoing provisions of this Act, shall be paid over a pro rata basis together with the principal amounts due the local recipients under the provisions of this Act upon distribution thereto, and the parish tax collectors or the city of New Orleans may retain only investment income earned on that portion of the total parish allocation to which they are otherwise entitled under the provisions of this Act. In light of the fact that all assessment roll figures will not be available in time to base the December distribution by the treasurer on current figures, the distribution of funds on the first day of December pursuant to this Act shall be based on the distribution figures for Fiscal Year 2017-2018. The remaining two distributions on the fifteenth day of March and the fifteenth day of May shall be based on current figures for Fiscal Year 2018-2019, and such distributions shall be adjusted to compensate for the differences resulting in the use of the Fiscal Year 2017-2018 figures for the December distribution.

Section 14. On or before such date as shall be established by the state treasurer, each tax collector, the city of New Orleans, and the city treasurer of the city of Monroe annually shall file with the state treasurer, on such forms as the state treasurer may require, all information necessary to the computation of the funds to be distributed within the parishes, including, but not limited to, a listing of all such local entities seeking eligibility for funds as a tax recipient body under the qualifications set out in Section

1(a) of this Act, all new millages of such tax recipient bodies as are listed in Section 9(B) of this Act, and all remaining authorities on the tax rolls which are otherwise ineligible to participate in the distribution of revenue sharing funds as tax recipient bodies. The listing shall include such verification for eligibility as may be required by the state treasurer and, notwithstanding the provisions of Section 12 of this Act, no revenue sharing funds shall be distributed prior to receipt and acceptance by the state treasurer of such information and verification. The same authorities shall in the same manner submit to the state treasurer a statement of the amount of revenue sharing funds distributed to each recipient of such funds, including the amount deducted for sheriffs’ commissions and for retirement system contributions and shall state clearly on such forms the amount of the distribution to each such recipient which is derived from excess funds and the amount of such distribution which represents reimbursement for tax losses by reasons of the homestead exemption. Such statement shall also include the amount of any revenue sharing funds which remain to be distributed and the recipients to which such remaining funds will be distributed.


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ACT No. 130 ---

HOUSE BILL NO. 10BY REPRESENTATIVE MARINO

An ACTTo enact R.S. 15:255(V), relative to witness fees; to provide relative to

witness fees in the Twenty-Fourth Judicial District Court; to provide for the transfer of certain surplus witness fees; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 15:255(V) is hereby enacted to read as follows: §255. Witness fees to off-duty law enforcement officers

* * *V.(1) In the Twenty-Fourth Judicial District Court, surplus monies in the

special fund provided for in Subsection D of this Section that exceed one million five hundred thousand dollars at the end of each calendar year shall be transmitted by the governing authority of Jefferson Parish to the following entities in the following amounts:

(a) Fifty percent to the Commissioner’s Fee Fund of the Twenty-Fourth Judicial District Court, provided for in R.S. 13:718(J).

(b) Fifty percent to the Jefferson Parish Sheriff’s Office.(2) As used in this Subsection,”surplus monies” means the amount of money

which is in the special fund at the end of each calendar year which is in excess of the total amount paid from the special fund as witness fees for off-duty law enforcement officers in that calendar year.


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ACT No. 131 ---

HOUSE BILL NO. 18BY REPRESENTATIVE ROBBY CARTER

An ACTTo enact R.S. 33:4712.20, relative to the naming of a fire station by Amite

City; to authorize the governing authority of Amite City to name a fire station in honor of a living person; and to provide for related matters.Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 33:4712.20 is hereby enacted to read as follows:§4712.20. Naming of fire station; Amite CityNotwithstanding R.S. 42:267, the governing authority of Amite City may

name a fire station in honor of Bruce Cutrer.Section 2. This Act shall become effective upon signature by the governor



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ACT No. 132 ---

THE ADVOCATEPAGE 20


HOUSE BILL NO. 26BY REPRESENTATIVE DEVILLIER

An ACTTo enact R.S. 33:4712.20, relative to the naming of public buildings by the

town of Church Point; to authorize the governing authority of the town of Church Point to name a community center in honor of a living person; and to provide for related matters.Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 33:4712.20 is hereby enacted to read as follows:§4712.20. Naming of community center; Church PointNotwithstanding R.S. 42:267, the governing authority of the town of Church

Point may name a community center in honor of Gertrude Wimberly Broach.Section 2. This Act shall become effective upon signature by the governor



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ACT No. 133 ---

HOUSE BILL NO. 30BY REPRESENTATIVES BACALA, BOURRIAQUE, HORTON, IVEY, JENKINS, LARVADAIN, MIGUEZ, JAY MORRIS, PUGH, DEVILLIER,

COX, STEFANSKI, ABRAHAM, AMEDEE, ANDERS, ARMES, BAGLEY, BAGNERIS, BARRAS, BERTHELOT, BISHOP, BRASS, CHAD BROWN,

TERRY BROWN, CARMODY, CARPENTER, ROBBY CARTER, STEVE CARTER, CHANEY, CONNICK, CREWS, DAVIS, DUBUISSON,

DUPLESSIS, DWIGHT, EDMONDS, EMERSON, FOIL, GAINES, GISCLAIR, GLOVER, GUINN, JIMMY HARRIS, LANCE HARRIS, HENRY,

HILFERTY, HILL, HODGES, HOFFMANN, HOLLIS, HOWARD, HUVAL, JACKSON, JAMES, JEFFERSON, MIKE JOHNSON, ROBERT JOHNSON,

JONES, JORDAN, LACOMBE, NANCY LANDRY, TERRY LANDRY, LEBAS, LEOPOLD, LYONS, MAGEE, MCFARLAND, MCMAHEN, MOORE, MOSS, PEARSON, POPE, PYLANT, RICHARD, SCHEXNAYDER, SIMON,

SMITH, STAGNI, STOKES, TALBOT, THOMAS, TURNER, WHITE, AND ZERINGUE

AN ACT To amend and reenact R.S. 18:562(A)(2) and (C) and 1309(D)(1), relative to

voting; to provide relative to procedures for identifying voters at the polls; to provide for the forms of identification required for voting; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 18:562(A)(2) and (C) and 1309(D)(1) are hereby amended and reenacted to read as follows:

§562. Prerequisites to votingA. Identification of voters.

* * *(2)(a) Each applicant shall identify himself, in the presence and view of the

bystanders, and present to the commissioners a one of the following:(i) A Louisiana driver’s license, a Louisiana special identification card

issued pursuant to R.S. 40:1321, or other generally recognized picture identification card that contains the name and signature of the applicant.

(ii) A United States military identification card that contains the applicant’s name and picture.

(b) If the applicant does not have a Louisiana driver’s license, a Louisiana special identification card, or other generally recognized picture identification card that contains the name and signature of the applicant one of the forms of identification provided in Subparagraph (a) of this Paragraph, the applicant shall complete and sign an affidavit, which is supplied by the secretary of state, to that effect before the commissioners, which affidavit shall include the applicant’s date of birth and mother’s maiden name. If the applicant is unable to read or write or is otherwise unable to complete the affidavit due to disability, the applicant may receive assistance in completing the affidavit and the commissioner shall make a notation on the affidavit. The applicant may receive the assistance of any person of his choice, including a commissioner, except a candidate, commissioner-in-charge, the applicant’s employer or employer’s agent, or the applicant’s union agent. The commissioners shall place the affidavit in the envelope marked “Registrar of Voters” and attach the envelope to the precinct register. However, an applicant who is allowed to vote without the picture identification required by Subparagraph (a) of this Paragraph is subject to challenge as provided in R.S. 18:565.

* * *C. Handwritten signature of the applicant. If the applicant is able to sign

his name, he shall sign his handwritten signature in ink in the space for his signature on the precinct register. When the applicant has submitted to the commissioners picture identification that contains the signature of the applicant to the commissioners, the applicant’s signature shall be compared

to his signature on the picture identification. If the applicant is unable to sign his name, he shall make his mark in ink in the proper space on the precinct register.

* * *§1309. Early voting; verification

* * *D.(1)(a) Before any voter is allowed to vote during early voting, the registrar

or his deputy shall establish the voter’s identity by requiring him to submit a one of the following:

(i) A Louisiana driver’s license, a Louisiana special identification card issued pursuant to R.S. 40:1321, or other generally recognized picture identification card that contains the name and signature of the voter.

(ii) A United States military identification card that contains the voter’s name and picture.

(b) If the voter does not have a Louisiana driver’s license, a Louisiana special identification card, or other generally recognized picture identification card that contains the name and signature of the voter one of the forms of identification provided in Subparagraph (a) of this Paragraph, the voter shall complete and sign, in the presence of the registrar or his deputy, a voter identification affidavit to that effect provided by the secretary of state, which affidavit shall include the voter’s date of birth and mother’s maiden name. If the voter is unable to read or write or is otherwise unable to complete the affidavit due to disability, the voter may receive assistance in completing the affidavit, and the registrar or his deputy shall make a notation on the affidavit. The voter may receive the assistance of any person of his choice, including the registrar or his deputy, except a candidate, the voter’s employer or employer’s agent, or the voter’s union agent. The registrar or his deputy shall retain the affidavit in the office of the registrar of voters.

(c) If satisfied that the voter has identified himself as the voter registered in the state voter registration computer system or named on the precinct register and that he is qualified to vote, the registrar or his deputy shall initial the precinct register or early voting list kept by the registrar opposite the voter’s signature or mark. The voter then shall be allowed to vote.

(d) A voter who votes without the picture identification required by Subparagraph (a) of this Paragraph is subject to challenge as provided in R.S. 18:1315.

* * *Section 2. This Act shall become effective on January 1, 2020.


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ACT No. 134 ---

HOUSE BILL NO. 33BY REPRESENTATIVE JEFFERSON

An ACTTo enact R.S. 33:423.28, relative to the Homer police department; to authorize

the police chief to appoint, promote, and discipline police personnel; and to provide for related matters.Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 33:423.28 is hereby enacted to read as follows:§423.28. Town of Homer; authority over police personnel by chief of policeNotwithstanding the provisions of R.S. 33:423, in and for the town of Homer,

the chief of police shall appoint, promote, discipline, and discharge police personnel subject to the budgetary limitations established by the mayor and board of alderman pertaining to the number of allotted positions for the police department.


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ACT No. 135 ---

HOUSE BILL NO. 35BY REPRESENTATIVES FRANKLIN AND DWIGHT AND

SENATOR JOHNSAn ACT

To amend and reenact Code of Civil Procedure Article 4843(E) and (H), relative to city court jurisdiction; to provide relative to the civil jurisdiction concurrent with the district court in cases where the amount in dispute does not exceed fifty thousand dollars; to provide for the jurisdictional amount in dispute for the City Court of Lake Charles; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. Code of Civil Procedure Article 4843(E) and (H) are hereby amended and reenacted to read as follows:

Art. 4843. City court jurisdiction; amount in dispute; injunctive actions by

THE ADVOCATEPAGE 21


state or political subdivision* * *

E. In the City Court of Bogalusa, the City Court of Bunkie, the City Court of Eunice, the City Court of Lake Charles, the City Court of Marksville, the City Court of Natchitoches, a city court in New Orleans, the City Court of Opelousas, the City Court of Port Allen, the City Court of Sulphur, the City Court of Ville Platte, and the City Court of Winnsboro, the civil jurisdiction is concurrent with the district court in cases where the amount in dispute, or the value of the property involved, does not exceed twenty-five thousand dollars.

* * *H. In the City Court of Alexandria, the Third Ward City Court of Franklin,

the City Court of Pineville, the City Court of Slidell, and the City Court of Ruston, and the City Court of Lake Charles the civil jurisdiction is concurrent with the district court in cases where the amount in dispute, or the value of the property involved does not exceed fifty thousand dollars.


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ACT No. 136 ---

HOUSE BILL NO. 39BY REPRESENTATIVE MCFARLAND

An ACTTo enact R.S. 15:255(V), relative to costs of courts; to provide relative to

witness fees for off-duty law enforcement officers; to authorize the transfer of certain witness fee surplus funds within the Eighth Judicial District; to provide for the transfer procedures and use of funds; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 15:255(V) is hereby enacted to read as follows: §255. Witness fees to off-duty law enforcement officers

* * *V. In the Eighth Judicial District, all surplus monies in the special fund in

that district at the end of each calendar year which exceeds five thousand dollars shall be transmitted by the governing authority of Winn Parish to the criminal court fund of the Eighth Judicial District Court. As used in this Subsection, “special fund” means the special fund provided for in Subsection D of this Section, and “surplus monies” means the amount of money which is in each special fund at the end of each calendar year and which is in excess of the total amount paid from each special fund as witness fees for off-duty law enforcement officers in that calendar year. The surplus monies which are required to be transferred by this Subsection may be used for any purpose for which the other monies in the criminal court fund of the Eighth Judicial District Court may be used. No money obligated to be paid to any officer or agency for an off-duty law enforcement court appearance shall be considered surplus monies pursuant to this Subsection.


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ACT No. 137 ---

HOUSE BILL NO. 41BY REPRESENTATIVE BAGNERIS

An ACTTo amend and reenact R.S. 40:531(B)(1) and (2)(a) and to repeal R.S. 40:531(B)

(2)(c), relative to the Housing Authority of New Orleans; to provide relative to the governing board of the housing authority; to provide relative to the membership of the board; and to provide for related matters.Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 40:531(B)(1) and (2)(a) is hereby amended and reenacted to read as follows:

§531. Appointment of commissioners to local housing authority* * *

B.(1) In the city of New Orleans, the governing authority of the housing authority shall consist of eight nine commissioners, at least two of whom shall be tenants of the housing authority, referred to in this Chapter as “tenant commissioners”, and one of whom shall be appointed as provided in Subparagraph (2)(b) of this Subsection, referred to in this Chapter as a “landlord commissioner”. (2)(a) Seven Eight commissioners, excluding the landlord commissioner, shall be appointed by the mayor of the city of New Orleans. The two tenant commissioners shall be chosen from a list of names submitted to the mayor by the Citywide Tenants Council, Inc., of the housing authority. The number of names submitted shall be three for each vacancy to be filled by a tenant commissioner.

* * *Section 2. R.S. 40:531(B)(2)(c) is hereby repealed in its entirety.


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ACT No. 138 ---

HOUSE BILL NO. 55BY REPRESENTATIVE ROBERT JOHNSON

An ACTTo amend and reenact R.S. 33:4715.3(A) and (B), relative to facilities of

certain judicial districts; to provide relative to a justice center district in Avoyelles Parish, which is authorized to levy taxes and finance, own, and maintain facilities for the Twelfth Judicial District; to provide relative to governance of the district; and to provide for related matters.Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 33:4715.3(A) and (B) are hereby amended and reenacted to read as follows:

§4715.3. Parish justice center district; certain parishes Avoyelles Parish Justice Center District

A.(1) There is hereby created within any parish having a population of not less than forty-one thousand five hundred people and not more than forty-five thousand people as determined by the most recent federal decennial census Avoyelles Parish a body politic and corporate which shall be known as the parish justice center district Avoyelles Parish Justice Center District, hereafter in this Section referred to as the “district”. The district shall have boundaries coterminous with the parish. The district shall be a political subdivision of the state as defined in the Constitution of Louisiana.

(2) The purposes of the district are to locate, build, operate, and maintain courtroom facilities for the Twelfth Judicial District Court for the state of Louisiana that judicial district that encompasses the district, hereafter in this Section referred to as the “judicial district”, including all matters relating to incurring debt and financing such activities as approved by the voters, all as more specifically prescribed by this Section. Such These courtroom facilities shall for the judicial district may include offices for judges, clerks of court and support staff, jury rooms, accommodations for the public, and other facilities deemed appropriate for administration of justice by the governing authority of the district. The courtroom facilities shall be located anywhere within the boundaries of the judicial district as may be deemed appropriate by the board of commissioners of the Avoyelles Parish Justice Center District.

B. The district shall be governed by a board of commissioners consisting of not less than three nor more than seven members appointed by and serving at the pleasure of the elected judges of the judicial district.

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



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ACT No. 139 ---

HOUSE BILL NO. 84BY REPRESENTATIVE WHITE

An ACTTo amend and reenact R.S. 34:851.32(A)(1), (B), and (C) and R.S. 56:10.2,

relative to boat registration; to provide for the Derelict Houseboat Fund Account and the Conservation Fund in the state treasury; to provide for the distribution of boat registration fees; to provide for the use of funds; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 34:851.32(A)(1), (B), and (C) are hereby amended and reenacted to read as follows:

§851.32. Disposition of fundsA.(1) Funds accruing to the state of Louisiana from registration fees paid

by owners of motorboats and sailboats shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund, after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall, prior to placing such remaining funds in the State General Fund, pay into the Derelict Houseboat Conservation Fund of the

THE ADVOCATEPAGE 22


Louisiana Wildlife and Fisheries Commission an amount equal to the total amount, less the amounts provided in Paragraph (2) of this Subsection, of the sums recovered as registration fees for motorboat and sailboat registrations in R.S. 34:851.20 and 851.23 of this Part for the purpose of administering and enforcing the provisions of this Part or for such other purposes as may be determined by said commission.

* * *B. The revenues derived from the registration fees paid into the Derelict

Houseboat Conservation Fund pursuant to Subsection A of this Section shall be made available for the purpose of providing the necessary additional funds for the administration and enforcement of the provisions of this Part or for such other purposes as may be determined by the Louisiana Wildlife and Fisheries Commission.

C. Funds accruing to the state of Louisiana from registration the fees paid by owners for the registration of houseboats shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund, after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall pay into the Derelict Houseboat Fund Account an amount equal to the total amount of the sums recovered as registration fees for houseboat registrations in R.S. 34:851.20 of this Part.

Section 2. R.S. 56:10.2 is hereby amended and reenacted to read as follows:§10.2. Derelict Houseboat Fund AccountThere is hereby created a fund special statutorily dedicated fund account

within the state treasury known as the “Derelict Houseboat Fund Account” which shall consist of those revenues collected from the registration of houseboats provided for in R.S. 34:851.32(C). The revenues shall be subject to the same requirements as provided for other revenues placed in the Conservation Fund in Paragraph (1) of this Subsection. Subject to legislative appropriation, The the monies in this fund the account shall be used solely for the purpose of awarding grants to parish governments to remove any unattended, derelict, junked, or abandoned houseboat in any canal, coulee, drainage ditch, outfall canal, bayou, bay, lake, or any other waterway, whether navigable or not, or on the banks thereof within the state of Louisiana. An amount not to exceed ten percent of the annual appropriation may be used for the administration and enforcement of this Section and Part IV of Chapter 4 of Title 34 of the Louisiana Revised Statutes of 1950. The Louisiana Wildlife and Fisheries Commission may promulgate rules and regulations in accordance with the Administrative Procedure Act to provide for the application, administration, and award of such grants. Monies deposited into the account shall be categorized as fees and self-generated revenue for the sole purpose of reporting related to the executive budget, supporting documents, and general appropriation bills.


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ACT No. 140 ---

HOUSE BILL NO. 94BY REPRESENTATIVE PUGH

An ACTTo amend and reenact R.S. 3:730.3(B), relative to the Louisiana Strawberry

Marketing Board; to reduce the number of board appointments; to allow for designees; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 3:730.3(B) is hereby amended and reenacted to read as follows:

§730.3. Louisiana Strawberry Marketing Board* * *

B.(1) The board shall consist of twelve eleven members. Nine Eight members shall be appointed by the commissioner and confirmed by the Senate as follows:

(a) Seven members shall be practicing strawberry producers.(b) One member shall be an agricultural chemical dealer, representative,

or consultant with knowledge of the strawberry industry.(c) (b) One member shall be a consumer with knowledge of the strawberry

industry.(2) The commissioner or his designee, the resident coordinator of the

Louisiana State University Agriculture Experiment Station at Hammond or his designee, and the chairman of the Ponchatoula Strawberry Festival shall serve ex officio and shall have all rights and responsibilities of appointed members. The commissioner or his designee, the resident coordinator of the Louisiana State University Agriculture Experiment Station at Hammond or his designee, and the chairman of the Ponchatoula Strawberry Festival shall be counted for purposes of constituting a quorum.

* * * Approved by the Governor, June 6, 2019.A true copy: R. Kyle Ardoin Secretary of State

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ACT No. 141 ---

HOUSE BILL NO. 95BY REPRESENTATIVE ARMES

An ACTTo enact R.S. 13:5554(G)(9), relative to sheriffs; to provide relative to retiree

health benefits; to provide for the payment of group insurance premiums for the sheriff and sheriff deputies of Vernon Parish; to provide for criteria; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 13:5554(G)(9) is hereby enacted to read as follows: §5554. Group insurance; kinds; amounts; subrogation

* * *G.

* * *(9)(a) The provisions of Paragraph (1) of this Subsection, as applicable to the

sheriff’s office of Vernon Parish, shall apply to sheriffs and deputy sheriffs who were hired prior to July 1, 2019, who meet the eligibility requirements and have the requisite creditable service pursuant to Paragraph (1) of this Subsection.

(b) Notwithstanding the provisions of Subsection D of this Section, the sheriff of Vernon Parish shall pay out of the sheriff’s general fund the premium cost of group hospital, surgical, medical expense, and dental insurance and the first ten thousand dollars of life insurance contracted for under the provisions of this Section for any retired sheriff and sheriff deputy who is hired on or after July 1, 2019, as follows:

(i) Fifty percent of the premium cost of group hospital, surgical, medical expense, and dental insurance and the first ten thousand dollars of life insurance for any sheriff and sheriff deputy who retires from the Vernon Parish Sheriff’s Office with fifteen years of creditable service, is at least sixty-two years of age, is entitled to receive benefits from the Sheriffs’ Pension and Relief Fund, and who has at least fifteen years of full time continuous service with the Vernon Parish Sheriff’s Office.

(ii) Seventy-five percent of the premium costs of group hospital, surgical, medical expense, and dental insurance and the first ten thousand dollars of life insurance for any sheriff and sheriff deputy who retires from the Vernon Parish Sheriff’s Office with twenty years of creditable service, is at least sixty years of age, is entitled to receive benefits from the Sheriffs’ Pension and Relief Fund, and who has at least fifteen years of full time continuous service with the Vernon Parish Sheriff’s Office.

(iii) One hundred percent of the premium costs of group hospital, surgical, medical expense, and dental insurance and the first ten thousand dollars of life insurance for any sheriff and sheriff deputy who retires from Vernon Parish Sheriff’s Office with twenty-five years of creditable service, is at least sixty years of age, is entitled to receive benefits from the Sheriffs’ Pension and Relief Fund, and who has at least fifteen years of full time continuous service with the Vernon Parish Sheriff’s Office.

(iv) One hundred percent of the premium costs of group hospital, surgical, medical expense, and dental insurance and the first ten thousand dollars of life insurance for any sheriff and sheriff deputy who retires from Vernon Parish Sheriff’s Office with thirty years of creditable service, is at least fifty-five years of age, is entitled to receive benefits from the Sheriffs’ Pension and Relief Fund, and who has at least fifteen years of full time continuous service with the Vernon Parish Sheriff’s Office.


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ACT No. 142 ---

HOUSE BILL NO. 98BY REPRESENTATIVES DUBUISSON, FALCONER, HOLLIS, PEARSON,

PUGH, SIMON, AND WRIGHTAN ACT

To enact R.S. 13:5554.5, relative to the St. Tammany Parish Sheriff’s Office; to provide relative to the payment of certain group insurance premiums for retirees of the St. Tammany Parish Sheriff’s Office; to create the St. Tammany Parish Retired Employees’ Insurance Fund; to provide for sheriff contributions and withdrawals from the fund; to provide for limitations on investments; to provide for membership and election of the advisory board; to provide relative to the necessity for the advisory board and certain positions; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 13:5554.5 is hereby enacted to read as follows: §5554.5. St. Tammany Parish; payment of group insurance premiums; retired

sheriffs and deputy sheriffs; creation of fundA. There is hereby created the St. Tammany Parish Retired Employees’

Insurance Fund, hereinafter referred to as the “STREIF”, to fund the payment by the sheriff’s office of St. Tammany Parish of the insurance premium costs for eligible retired sheriffs and retired deputy sheriffs.

B. The sheriff of St. Tammany Parish may contribute to the STREIF at his discretion.

THE ADVOCATEPAGE 23


C. Upon recommendation of the board established in Subsection F of this Section, the sheriff of St. Tammany Parish shall invest the monies in the STREIF as follows:

(1) Not less than twenty-five percent in equities.(2) At least twenty-five percent in fixed income investments, provided that

a minimum of twenty-five percent of the fixed income portion is rated as investment grade by a nationally recognized rating agency.

D. The monies deposited pursuant to Subsection B of this Section and the monies invested pursuant to Subsection C of this Section and the accumulated earnings shall be available for the sheriff to withdraw for the purpose of paying the insurance costs, claims, or premiums for retired sheriffs and retired deputy sheriffs of St. Tammany Parish and all costs associated with administering the STREIF.

E. Any financial audit conducted of the sheriff’s office of St. Tammany Parish shall specifically address compliance with the provisions of this Section.

F.(1) To provide recommendations concerning the investment of funds as provided in Subsection C of this Section, the sheriff shall establish an investment advisory board as provided for in this Subsection.

(2) The advisory board shall consist of five members as follows:(a) The controller of the sheriff’s department.(b) Four active deputy sheriffs, retired sheriffs, or retired deputy sheriffs of

the department elected by the other active deputy sheriffs of the department. If more than four people qualify for the election, the four candidates receiving the highest number of votes cast shall be elected to the board.

(3) The sheriff shall use and provide all means necessary and proper to conduct the initial and subsequent elections. All expenses, including the printing of the ballots for the initial and subsequent elections, shall be borne by the sheriff and paid out of the sheriff’s general fund.

(4) The controller shall serve as the chairperson for the board. The first meeting shall be held within thirty days after the election of board members. The board shall adopt rules governing the future elections of members of the board. The election of board members shall be called and supervised by the board with the assistance of the sheriff.

(5) If a vacancy occurs on the board, within sixty days of the date the vacancy occurs, the board shall appoint a member to fill the vacancy for the unexpired term who is qualified to serve on the board as provided in Subparagraph (2)(b) of this Subsection. If at any time, a person is no longer qualified to be a board member as provided in Paragraph (2) of this Subsection, the board shall appoint a qualified replacement.

(6) The members of the board shall retain a financial advisor and legal counsel to provide recommendations and legal consultation concerning the investment of the funds. The board shall adopt rules governing their selection and compensation. The board may retain the sheriff’s office in-house legal counsel.

(7) Members of the board shall serve terms concurrent with that of the sheriff.

(8) If the monies deposited pursuant to Subsection B of this Section and the monies invested pursuant to Subsection C of this Section fall below ten thousand dollars, the requirement for an investment advisory board, as provided in Subsection F of this Section, and a financial advisor and legal counsel, as provided in Paragraph (6) of this Subsection, shall be extinguished.


--------ACT No. 143


BY REPRESENTATIVE FALCONER AND SENATORS ALARIO, ALLAIN, APPEL, BARROW, BOUDREAUX, CLAITOR, COLOMB, DONAHUE,

GATTI, HENSGENS, HEWITT, JOHNS, LONG, MARTINY, MIZELL, PRICE, GARY SMITH, TARVER, AND THOMPSON

An ACTTo amend and reenact R.S. 15:587.3, relative to criminal identification

and information; to provide relative to volunteers and employees in youth-serving institutions or organizations; to provide relative to coaches of youth athletes; to require the release of investigative records for head coaches of youth athletes; to require fingerprinting and background checks for the head coaches; to provide relative to the procedures and costs for criminal history records checks; to provide relative to training programs; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 15:587.3 is hereby amended and reenacted to read as follows: §587.3. Volunteers and employees in youth-serving institutions or

organizations; other youth coaches; criminal background informationA.(1) A religious, charitable, scientific, educational, athletic, or youth-

serving institution or organization may require any person, who applies to work with children as a volunteer or as a paid employee, to do one or more of the following:

(1)(a) Agree to the release of all investigative records to such religious, charitable, scientific, educational, athletic, or youth-service institution or organization for examination for the purpose of verifying the accuracy of criminal violation information contained on an application to work for such institution or organization.

(2)(b) Supply fingerprint samples and submit to a criminal history records check to be conducted by the Louisiana State Police Bureau of Criminal Identification and Information.

(2) Any head coach of youth athletes in an organized sports or recreational athletic contest, not as part of a religious, charitable, scientific, educational, athletic, or youth-serving institution or organization to which Paragraph (1) of this Subsection would apply and is not a parent of the child, legal guardian of the child, or is otherwise not a family member of the child, shall do the following:

(a) Agree to release all investigative records for examination for the purpose of verifying the accuracy of criminal violation information.

(b) Supply fingerprint samples and submit to a criminal history records check to be conducted by the Louisiana Bureau of Criminal Identification and Information.

(c) Make available criminal history record information.(3)B. Attend In addition to Subsection A, any volunteer, paid employee,

or head coach may be required to attend a comprehensive youth protection training program which includes adult training on recognition, disclosure, reporting, and prevention of abuse and submit to character, employment, education, and reference checks.

B.C. Any person who is requested to comply with the requirements set forth in Subsection A, and refuses to do so, shall be prohibited from working with children as a volunteer or as a paid employee.

D. When a criminal history records check is requested pursuant to Subsection A of this Section, the Louisiana Bureau of Criminal Identification and Information shall provide the requestor with the state criminal history record information of the individual subject to the inquiry. In addition, the bureau shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history records check and shall provide the requestor with the national criminal history record information of the individual subject to the inquiry.

E.(1) The costs of providing the information required under this Section shall be charged by the bureau, as specified in R.S. 15:587(B), to the individual subject to the inquiry for furnishing information contained in the bureau’s criminal history and identification files, including any additional costs of providing the national criminal history records check which pertains to the individual.

(2) Notwithstanding Paragraph (1) of this Subsection, for paid employees of a youth-serving institution or organization, the costs of providing the information required under this Section shall be charged by the bureau, as specified in R.S. 15:587(B), to the institution or organization.


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ACT No. 144 ---

HOUSE BILL NO. 142BY REPRESENTATIVE LEOPOLD

An ACTTo amend and reenact R.S. 56:433.1(A)(1), relative to oyster harvest; to

authorize additional means of harvesting oysters on the oyster seed grounds under the oyster seed ground vessel permit; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 56:433.1(A)(1) is hereby amended and reenacted to read as follows:

§433.1. Oyster seed ground vessel permit; Oyster Seed Ground Vessel Permit Appeals Board

A.(1) Any oysters taken for commercial purposes from the public natural reefs or the oyster seed grounds or reservations, except those in Calcasieu Lake or Sabine Lake, shall be placed only on a vessel which has an oyster seed ground vessel permit issued exclusively by the department pursuant to rules and regulations promulgated by the commission. The commission may establish a limit on the number of permits that may be issued each year after consultation with the Louisiana Oyster Task Force. Such permit shall be issued in the name of the vessel owner and shall identify the vessel permitted by including the state registration number or the United States Coast Guard documented number. The permit shall identify the vessel that may possess and transport oysters taken from the public natural reefs and oyster seed grounds. The permit does not grant any rights to the oyster resource or any rights to harvest oysters from the waters of the state and shall not be sold, exchanged, or otherwise transferred. The permit is valid for one year, beginning on January first of each calendar year and expiring on December thirty-first of the same calendar year, and permit holders who hold a valid permit during the prior year may renew the permit at any time of the year for the current license year and from November fifteenth for the immediately following license year. The cost of the permit for a single scraper vessel from which oysters will be harvested using a single scraper, tongs, or by hand shall be two hundred fifty dollars for a resident and one thousand dollars for a nonresident. and the The cost of the permit for a vessel from which oysters will be harvested using a double scraper or any other legal method of harvest vessel shall be five hundred dollars for a resident and two

THE ADVOCATEPAGE 24


thousand dollars for a nonresident. After having been credited to the Bond Security and Redemption Fund as required by Article VII, Section 9(B) of the Constitution of Louisiana, all revenues received from purchase of the permit shall be deposited in the Public Oyster Seed Ground Development Account, R.S. 56:434.1.


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ACT No. 145 ---

HOUSE BILL NO. 150BY REPRESENTATIVE ZERINGUE

An ACTTo repeal R.S. 33:2481.3, relative to the city of Houma; to provide relative to

the position of police chief; to repeal provisions that provide that the position is in the unclassified service.Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 33:2481.3 is hereby repealed in its entirety.


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ACT No. 146 ---

HOUSE BILL NO. 153BY REPRESENTATIVE ZERINGUE

An ACTTo enact R.S. 33:2212(I), relative to the city of Houma; to provide relative

to the salaries of certain members of the police department; to provide for an increase in salary for such members; to provide for the calculation of longevity pay; and to provide for related matters.Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 33:2212(I) is hereby enacted to read as follows:§2212. Minimum salaries; increases

* * *I. On and after July 1, 2019, each member of the police department of the

city of Houma who has completed three years of continuous service shall receive an increase in salary of two percent and shall thereafter receive an increase in salary of two percent for each additional year of service. The base pay, the accrued longevity, and state supplemental pay shall be used in computing longevity pay.

Section 2. This Act shall become effective on July 1, 2019; if vetoed by the governor and subsequently approved by the legislature, this Act shall become effective on July 1, 2019, or on the day following such approval by the legislature, whichever is later.


--------ACT No. 147


BY REPRESENTATIVES WHITE, ABRAMSON, ADAMS, BILLIOT, DAVIS, DUPLESSIS, DWIGHT, HORTON, JEFFERSON, MAGEE, MARCELLE,

MARINO, AND PIERRE AND SENATORS ALARIO, BARROW, BOUDREAUX, CLAITOR, ERDEY, FANNIN, GATTI, JOHNS, LONG,

LUNEAU, MARTINY, MILLS, PEACOCK, PETERSON, PRICE, RISER, GARY SMITH, JOHN SMITH, TARVER, THOMPSON, WALSWORTH,

AND WARDAn ACT

To amend and reenact R.S. 15:1110(B), (C), (E), and (F) and Children’s Code Articles 814(A) and (B)(2), 815, and 817(A) and to enact R.S. 15:609(A)(3) and 1110(D), (G), and (H) and Children’s Code Articles 815.1 and 826(E), relative to juveniles; to provide relative to juvenile detention; to provide relative to the purposes of juvenile detention; to provide for the development and implementation of detention screening instruments; to provide for the responsibilities of juvenile detention facilities relative to detention screening instruments; to provide relative to the authority of law enforcement when a child has committed a delinquent act; to require the use of a detention screening instrument relative to a child taken into custody for the commission of a delinquent act; to require certain information relative to a detention screening instrument be recorded; to provide relative to the aggregation and dissemination of such information; to provide relative to

the appropriate facility to which a child may be transferred when taken into custody for commission of a delinquent act; to authorize a child to participate in an alternative to a detention program in lieu of transfer to a juvenile detention facility; to provide relative to the authority to release a child after being taken into custody for commission of a delinquent act; to authorize the establishment of alternative to detention programs; to provide relative to the operation and funding of such programs; to provide relative to the taking of DNA samples of a child who is released in lieu of being taken into custody; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. Children’s Code Articles 814(A), (B)(2), and (C), 815, and 817(A) are hereby amended and reenacted and Children’s Code Articles 815.1 and 826(E) are hereby enacted to read as follows:

Art. 814. Taking child into custody without a court order; duties of the officer; duties of the court

A. A child may be taken into custody without a court order or warrant by a peace officer or probation officer if the officer has probable cause to believe that the child has committed a delinquent act. When the officer has probable cause to believe that the child has committed a delinquent act, the officer, in lieu of taking the child into custody, may issue a verbal warning to the child.

B. If a child is taken into custody without a court order or warrant, the officer shall have the responsibility to either:

* * *(2) Promptly escort the child to Follow the appropriate facility in accordance

with procedures set forth in Article 815.* * *

Art. 815. Child taken into custody; place of detentionA.(1) The peace officer or an appropriate representative of the arresting

agency shall have the authority and responsibility to transport the child to the appropriate place of detention as specified in Paragraphs B and C of this Article, unless the child has been released to the care of his parents pursuant to Article 814(B)(1). Beginning July 1, 2020, a detention screening instrument shall be administered to the child prior to transportation of the child to the appropriate place of detention or upon the child’s arrival at the appropriate place of detention, unless it cannot be completed at that time. If the detention screening instrument cannot be completed prior to the child’s transportation to the appropriate place of detention or upon the child’s arrival at the appropriate place of detention, the detention screening instrument shall be completed as soon as possible after the child has been admitted into the detention center. Reasonable efforts shall be made to administer the instrument at the earliest possible time.

(2) The detention screening instrument shall include, but need not be limited to, consideration of the following factors:

(a) The current offense for which the child was taken into custody.(b) The child’s history of prior delinquent acts.(c) The child’s history of failure to appear.(d) The child’s history of being a runaway.(e) Any mitigating and aggravating circumstances.(3) When the child is detained prior to the completion of the detention

screening instrument, the results of the detention screening instrument shall be communicated to the court promptly upon its completion.

B.(1) Except as provided in Paragraph F E of this Article, if the child has been taken into custody for the commission of a felony-grade delinquent act or of a misdemeanor-grade delinquent act based upon an offense against the person of another, the child shall may be taken to a juvenile detention center. and the procedures regarding the administration of the detention screening instrument set forth in Paragraph A of this Article shall apply.

C. Except as provided in Paragraph F E of this Article, for the commission of any other misdemeanor-grade delinquent act, the child shall be taken to either a shelter care facility or a juvenile detention center may be taken to a juvenile detention center or shelter care facility or released to a parent or guardian upon the written promise of the parent or guardian to bring the child to court pursuant to Children’s Code Article 814. If the child is not released to a parent or guardian, the officer shall follow the procedures set forth in Paragraph A of this Article.

D. Notwithstanding any other provision of this Code or other provision of law to the contrary, no judge shall order that a youth who is thirteen years of age or older and who is taken into custody for a felony-grade delinquent act or for a misdemeanor-grade delinquent act based upon an offense against the person of another be placed in a shelter care facility.

E.D. The governing authority of the parish or municipality requesting placement of a juvenile in either a regional detention center or a shelter care facility shall be responsible to the regional detention center or shelter care facility for the cost of confinement in accordance with a schedule which may be adopted by the regional detention center or shelter care facility.

F.E. No child under the age of thirteen shall be detained in a juvenile detention center after being taken into custody for the alleged commission of a misdemeanor-grade delinquent act.

Art. 815.1. Alternative to detention programsA. Each judicial district or parish may develop a program or programs to

serve as alternatives to secure detention of a child. Such program shall be used only for a child taken into custody for the commission of a delinquent act who is not released pursuant to Article 814.

B. An alternative to detention program may be operated either by a nonprofit or government entity.

C. There shall be no fees associated with participation in an alternative

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to detention program. Funding may be provided by any source, including through a contract with the office of juvenile justice. Any program funded by the office of juvenile justice shall comply with any requirements established by the office of juvenile justice for the purpose of receiving and retaining such funding.

D. An alternative to detention program shall be considered a form of detention and the time periods set forth in Children’s Code Articles 854 and 877 shall apply unless waived by the child. No child shall remain enrolled in an alternative to detention program following a disposition hearing, except as an alternative to placement in detention or other out-of-home placement.

E. An alternative to detention program is intended to serve the same limited purpose as secure detention as set forth in R.S. 15:1110. The child’s participation in an alternative to detention program shall not be considered an adjudication nor shall it suspend delinquency proceedings. An alternative to detention program may include rehabilitative components, but continued participation in the program shall not be required post-adjudication, except as an alternative to detention of the child or other out-of-home placement. Placement of a child in an alternative to detention program does not preclude the child from being referred to treatment programs that are not required as a condition of the child’s release from detention.

* * *Art. 817. Release from custodyA. As soon as practicable after a child is received by a juvenile detention

center or shelter care facility, the court or a probation officer employed and an individual or entity authorized by the court to make the determination, upon determining it to be appropriate, shall, upon determining it to be appropriate, release the child to the care of his parents or other relatives upon their written promise to bring him to court at such times as may be fixed by the court. The court may also impose reasonable restrictions upon the child’s travel, place of abode, association with other people, or employment during the period of this release.

* * *Section 2. R.S. 15:1110(B), (C), (E), and (F) are hereby amended and reenacted

and R.S. 15:609(A)(3) and 1110(D), (G), and (H) are hereby enacted to read as follows:

§609. Drawing or taking of DNA samplesA.

* * *(3) When a peace officer elects to counsel and release a child pursuant to

Children’s Code Article 814, the peace officer is not required to draw or take a DNA sample from the child.

* * *§1110. Detention Purpose and reasons for detention; detention standards;

licensing; fees* * *

B. Secure detention shall be used only when it is determined to be necessary based on the child’s assessed risk to public safety or to secure the appearance of the child in court.

C.(1) All juvenile detention facilities, including facilities owned or operated by any governmental, profit, nonprofit, private, or public agency, shall not be used to detain a child who is alleged to have committed a delinquent act for any of the following purposes or reasons:

(a) To punish, treat, or rehabilitate the child.(b) To allow the child’s parent, guardian, or legal custodian to avoid the

parent’s, guardian’s, or legal custodian’s legal responsibilities relative to the child.

(c) Solely to satisfy a demand made by a victim, law enforcement, or the community that a child be detained.

(d) To facilitate further interrogation or investigation.(e) To facilitate further assessment or evaluation.(f) The unavailability of a more appropriate facility.(2) Nothing in this Subsection shall prohibit the detention of a child who

is charged with the commission of a serious offense or with a history of prior adjudications for the commission of delinquent acts based upon serious offenses.

D.(1) On or after July 1, 2020, a detention screening instrument shall be administered for any child placed in secure detention when taken into custody without a court order pursuant to Children’s Code Article 814 for alleged commission of a delinquent act.

(2)(a) The Louisiana Juvenile Detention Alternatives Initiative Statewide Leadership Collaborative, created by House Concurrent Resolution No. 102 of the 2016 Regular Session of the Legislature, hereinafter referred to as “the JDAI Collaborative” shall support the statewide implementation of detention screening instruments and the training process and requirements for those persons who will utilize the instruments.

(b) The detention screening instruments shall assess the child only to determine the child’s risk to public safety while a current arrest is pending and the risk of failure to appear in court for the pending case.

(c) Except as authorized in Subparagraph (d) of this Paragraph, the detention screening instrument shall be selected from the tools that are being utilized as of January 1, 2019, by local jurisdictions in the state, which shall be provided by the JDAI Collaborative. A detention screening instrument that is being utilized by a jurisdiction as of January 1, 2019, is sufficient to satisfy the requirements of this Subparagraph.

(d) Any jurisdiction that chooses to use a detention screening instrument other than an instrument provided by the JDAI Collaborative, shall submit

the instrument to the JDAI Collaborative for its approval no later than April 1, 2020, pursuant to a submission process set forth by the JDAI Collaborative.

(3) A copy of the completed detention screening instrument shall be provided to the juvenile detention facility for any child who is admitted into its custody. The juvenile detention facility shall keep a record of the results of the detention screening instrument and the recommendation made based upon the instrument to either detain the child, release the child with conditions, or release the child without conditions. This record shall include the parish in which the child was taken into custody, the most serious charge for which the child was taken into custody, and demographic information about the child including but not limited to race, ethnicity, gender, and age. This information shall be aggregated and submitted quarterly to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice which shall annually provide such information to the JDAI Collaborative.

B.E. On or before July 1, 2011, the Louisiana Juvenile Detention Association shall develop and recommend uniform standards for local juvenile detention facilities that comport with nationally recognized and accepted best practice standards for juvenile detention facilities.

C.F. On or before January 1, 2012, the Department of Children and Family Services shall develop and promulgate, in accordance with the provisions of the Administrative Procedure Act, rules governing the licensing of juvenile detention facilities consistent with the standards recommended by the Louisiana Juvenile Detention Association.

E.G. On or before July 1, 2013, all juvenile detention facilities, including facilities owned or operated by any governmental, profit, nonprofit, private, or public agency, shall be licensed in accordance with rules promulgated pursuant to the provisions of Subsection C F of this Section.

F.H. There shall be an annual license fee for any license issued to a detention facility as follows:

(1) For a detention facility authorized to care for six or fewer juveniles, the license fee shall be four hundred dollars.

(2) For a detention facility authorized to care for at least seven but not more than fifteen juveniles, the license fee shall be five hundred dollars.

(3) For a detention facility authorized to care for sixteen or more juveniles, the license fee shall be six hundred dollars.

Section 3. This Act shall be cited and referred to as “Solan’s Law”.


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ACT No. 148 ---

HOUSE BILL NO. 160BY REPRESENTATIVE BOUIE

An ACTTo amend and reenact R.S. 17:3911(B)(1)(i) and (l) and 3912(A) and (B) and

to enact R.S. 17:416.19(D) and 3911(B)(1)(m), relative to information on school safety and discipline; to require the collection and reporting of certain information relative to school safety and discipline; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 17:3911(B)(1)(i) and (l) and 3912(A) and (B) are hereby amended and reenacted and R.S. 17:416.19(D) and 3911(B)(1)(m) are hereby enacted to read as follows:

§416.19. School resource officers* * *

D. A city, parish, or other local public school system that has entered into an agreement with a local law enforcement agency to provide for school resource officers shall annually report to the state Department of Education the total number of school resource officers provided to the system.

* * *§3911. Data collection system; establishment

* * *B.(1) The data collection system shall provide for but shall not be limited

to the regular collection of the following information on a per school basis, including schools and educational programs located within secure care facilities under the jurisdiction of the Department of Public Safety and Corrections, office of juvenile justice:

* * *(i) Student discipline information, including suspensions and expulsions.

in total and by unduplicated counts, disaggregated by race, ethnicity, gender, sex, English learner status, and students with exceptionalities, excluding gifted and talented, in accordance with data collection conducted pursuant to 20 U.S.C. 3413(c)(1), including but not limited to the following:

(i) In-school suspensions.(ii) Out-of-school suspensions.(iii) In-school expulsions.(iv) Out-of-school expulsions.(v) Removals to an alternative education setting by school personnel.(vi) Referrals to law enforcement.(vii) School-related arrests.

* * *(l) Number of school resource officers.

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(m) Such other data as the board may approve.* * *

§3912. Progress profiles; preparation; distributionA. Using, at a minimum, the data required to be collected pursuant to R.S.

17:3911(B), the department state Department of Education shall annually prepare and produce a state-level progress profile, a district-level progress profile for each public school system, and a school-level progress profile for each public school. Each profile shall be produced in a format common to all of them which shall be designed by the department so as to provide to school-based users all pertinent information in a readily usable form and to provide to the public all pertinent information in a clear and understandable form. The state-level and each district-level profile shall contain the last three years of trend information as required by R.S. 17:10.2 (A). Each school profile shall contain all of the information relevant to the school as required to be collected pursuant to R.S. 17:3911(B) as well as the same information for the school system as a whole and the state. In addition, a parent-level progress profile shall be prepared containing, at a minimum, results from required state tests and other relevant information used to compute a school’s performance score as part of the district and school accountability program. For the purposes of this Section, the Department of Public Safety and Corrections, office of juvenile justice, shall be considered a school district, and each secure facility operated by the Department of Public Safety and Corrections, office of juvenile justice, shall be considered a school.

B. All such profiles shall be public record and each shall be published on the state Department of Education’s website. Each school and school system shall be provided a copy of its profile by the department without cost. Each district shall provide to parents a free copy of the parent-level profile of the school which the parent’s child or children attend. Additionally, the department shall provide a summary report on the content of the profiles to the board, the governor, and the members of the legislature. The parent-level profile shall be in a format and of a nature that is easy to read, clear, and understandable.


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ACT No. 149 ---

HOUSE BILL NO. 179BY REPRESENTATIVE JIM MORRIS

An ACTTo enact R.S. 40:1501.8, relative to Caddo Parish Fire District No. 3; to

authorize the district to levy a sales and use tax, subject to voter approval; and to provide for related matters.Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 40:1501.8 is hereby enacted to read as follows:§1501.8. Caddo Parish Fire District No. 3; authority to levy sales and use taxA. Notwithstanding any other provision of law to the contrary, Caddo Parish

Fire District No. 3 may levy and collect a sales and use tax not to exceed one percent pursuant to the provisions of Article VI, Section 30 of the Constitution of Louisiana. Caddo Parish Fire District No. 3 may levy the tax only if the levy of the tax is approved by a majority of the electors in the district who vote on a proposition authorizing the levy of the tax.

B. The proceeds of the tax authorized by this Section shall be used for maintaining and operating fire protection facilities, for obtaining water for fire protection purposes, or for any other lawful purpose as determined by the governing board.

C. The sales and use tax so levied shall be imposed by an ordinance of the district and shall be levied upon the sale at retail, the use, the lease or rental, the consumption, the storage for use or consumption of tangible personal property, and on sales of services in the district, all as defined in Chapter 2 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950.

D. The tax shall be in addition to all other authorized sales and use taxes and shall be collected at the same time and in the same manner as other local sales and use taxes.



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ACT No. 150 ---

HOUSE BILL NO. 183

BY REPRESENTATIVE COXAn ACT

To amend and reenact R.S. 30:906.1, relative to surface mining and reclamation fees; to levy an annual reclamation fee; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 30:906.1 is hereby amended and reenacted to read as follows:§906.1. Surface mining and reclamation feesThere is hereby imposed on all permittees under the supervision of the

assistant secretary pursuant to Chapter 9 of this Title, Surface Mining and Reclamation Act, an annual regulatory fee of eight cents per ton on all coal and lignite mined in this state and an annual reclamation fee of six dollars for each acre of land included within the approved mine permit area. This fee The revenue received from these fees shall be used for the purpose of enforcing the Louisiana Surface Mining and Reclamation Act and regulations promulgated thereunder.


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ACT No. 151 ---

HOUSE BILL NO. 205BY REPRESENTATIVE HILFERTY AND SENATORS APPEL

AND BISHOPAn ACT

To amend and reenact R.S. 38:330.12.1(Section heading) and (A), relative to the Non-Flood Protection Asset Management Authority; to rename the Non-Flood Protection Asset Management Authority; and to provide for related matters.Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 38:330.12.1(Section heading) and (A) are hereby amended and reenacted to read as follows:

§330.12.1. Non-Flood Protection Asset Management Authority Lakefront Management Authority; creation; composition; powers, duties, functions

A. The Non-Flood Protection Asset Management Authority Lakefront Management Authority, hereafter referred to as the “authority”, is hereby created as a political subdivision possessing full corporate power to manage, control, regulate, operate, and maintain any non-flood protection facility or improvement asset or function within a levee district within the jurisdiction of a flood protection authority.

* * *


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ACT No. 152 ---

HOUSE BILL NO. 206BY REPRESENTATIVE HILFERTY AND SENATORS APPEL,

ALLAIN, AND TARVERAn ACT

To authorize and provide for the lease of certain state property; to authorize the lease of certain state property in Orleans Parish and Jefferson Parish; to provide for the property description; to provide for reservation of mineral rights; to provide terms and conditions; to provide for 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 lease any interest, excluding mineral rights, the state may have to all or any portion of the following described parcel of property to the responsible offerer selected through a request for proposal developed and issued pursuant to a cooperative endeavor agreement between the state, Orleans Parish, and Jefferson Parish:

A parcel of state owned water bottom located on the south shore of Lake Pontchartrain on or adjacent to the boundary of Orleans Parish and Jefferson Parish.

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 lease, 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 the selected responsible offerer for a term not to exceed ninety-nine years, in exchange for consideration proportionate to the appraised value of the property. The provisions of this Act shall apply to more than one responsible offerer if the cooperative endeavor agreement provides for dividing the

THE ADVOCATEPAGE 27


property described in Section 1 into multiple leases.Section 3. This Act shall become effective upon signature by the governor



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ACT No. 153 ---

HOUSE BILL NO. 222BY REPRESENTATIVE DUPLESSIS

An ACTTo amend and reenact R.S. 25:799(A)(1), relative to the French Quarter

Management District in the city of New Orleans, to provide relative to the creation of the district; to extend the time period for the existence of the district; and to provide for related matters.Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 25:799(A)(1) is hereby amended and reenacted to read as

follows:§799. Creation of the French Quarter Management DistrictA. Creation. (1) There is hereby created within the city of New Orleans

a body politic and corporate which shall be known as the French Quarter Management District. The district shall be a political subdivision of the state, as defined in the Constitution of Louisiana, to exist until June 30, 2021 2028, unless such date is extended by law.


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ACT No. 154 ---


An ACTTo amend and reenact Code of Criminal Procedure Article 211(C) and to

enact Code of Criminal Procedure Article 211(D), relative to a summons by a peace officer instead of arrest or booking; to provide an officer with discretion to issue a citation in lieu of arrest for persons operating a motor vehicle with a suspended, revoked, or canceled driver’s license; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. Code of Criminal Procedure Article 211(C) is hereby amended and reenacted and Code of Criminal Procedure Article 211(D) is hereby enacted to read as follows:

Art. 211. Summons by officer instead of arrest and booking* * *

C.(1) When a peace officer has reasonable grounds to believe a person has committed an offense of driving without a valid driver’s license, whether physical or electronic, in his possession, the officer shall make every practical attempt based on identifying information provided by the person to confirm that the person has been issued a valid driver’s license. If the officer determines that the person has been issued a valid driver’s license which is not under revocation, suspension, or cancellation, but that the physical or electronic license is not in his possession, the officer shall issue a written summons to the offender in accordance with law, commanding him to appear and answer the charge.

(2) The provisions of this Article shall in no way limit a peace officer from issuing a citation for operating a motor vehicle without physical possession of a valid driver’s license.

D. When a peace officer has reasonable grounds to believe a person has committed an offense of driving with a driver’s license that is under revocation, suspension, or cancellation, the officer may use his discretion to make a custodial arrest or issue a written summons to the offender, in accordance with law, commanding him to appear and answer the charge.


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ACT No. 155 ---

HOUSE BILL NO. 245

BY REPRESENTATIVES HODGES, ABRAHAM, ADAMS, AMEDEE, ARMES, BAGLEY, BAGNERIS, BARRAS, TERRY BROWN, CARMODY, STEVE CARTER, COX, CREWS, EMERSON, FALCONER, FOIL, GAROFALO,

LANCE HARRIS, HENRY, HOFFMANN, HORTON, HOWARD, JAMES, JEFFERSON, LEBAS, MACK, MCFARLAND, MCMAHEN, MIGUEZ,

MOORE, JAY MORRIS, POPE, RICHARD, SEABAUGH, WRIGHT, AND ZERINGUE

An ACTTo enact R.S. 39:1602.1; relative to state procurement contracts; to authorize

public entities to reject bids from certain groups 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. 39:1602.1 is hereby enacted to read as follows: §1602.1. Prohibition of discriminatory boycotts of Israel in state procurementA. The legislature finds all of the following:(1) Israel is a faithful friend of the United States and the state of Louisiana.(2) The state of Louisiana does not support boycott-related tactics that are

used to threaten the sovereignty and security of allies and trade partners of the United States.

(3) In 2005, a Boycott, Divestment, and Sanctions (BDS) campaign was initiated against Israel that pressured companies to sever commercial ties with Israel for the purpose of economically isolating the country.

(4) Israel and the state of Louisiana enjoy a robust trading relationship that is in the best interests of the people of Louisiana.

(5) The refusal by a company operating in Louisiana to do business with Israel with the goal of advancing the BDS campaign harms the Israel-Louisiana relationship and the Louisiana economy.

(6) The state of Louisiana unequivocally rejects the BDS campaign and stands firmly with Israel.

B.(1) Consistent with existing Louisiana non-discrimination provisions and regulations governing purchases, executive branch agencies may not execute a procurement contract with a vendor if that vendor is engaging in a boycott of Israel.

(2) Executive branch agencies shall reserve the right to terminate any procurement contract with a vendor that engages in a boycott of Israel during the term of the contract.

C.(1) A vendor shall certify in writing, when a bid is submitted or when a procurement contract is awarded, that:

(a) It is not engaging in a boycott of Israel.(b) It will, for the duration of its contractual obligations, refrain from a

boycott of Israel.(2) All competitive sealed bids and proposals issued for procurement

contracts with executive branch agencies shall include the text of the following certification:

“By submitting a response to this solicitation, the bidder or proposer certifies and agrees that the following information is correct: In preparing its response, the bidder or proposer has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity that is engaging in commercial transactions in Israel or Israeli-controlled territories, with the specific intent to accomplish a boycott or divestment of Israel. The bidder also has not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. The state reserves the right to reject the response of the bidder or proposer if this certification is subsequently determined to be false, and to terminate any contract awarded based on such a false response.”

D.(1) The commissioner of the division of administration or his designee shall oversee this Section to ensure implementation as quickly and efficiently as practicable.

(2) The commissioner or his designee may promulgate regulations to implement the provisions of this Section so long as they are consistent with this Section and do not create any exceptions to it.

E. This Section shall not operate to modify any obligations of executive branch agencies under state or federal law.

F. This Section does not apply to procurement contracts with a value of less than one hundred thousand dollars and for vendors with fewer than five employees.

G. The commissioner of the division of administration or his designee may waive application of this Section on a procurement contract if he determines that compliance is not practicable or in the best interests of the state.

Section 2. If any provision or item of this Act, or the application thereof, is held invalid, such invalidity shall not affect other provisions, items, or applications of the Act which can be given effect without the invalid provision, item, or application and to this end the provisions of this Act are hereby declared severable.


Approved by the Governor, June 6, 2019.A true copy:

THE ADVOCATEPAGE 28


R. Kyle Ardoin Secretary of State

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ACT No. 156 ---

HOUSE BILL NO. 275BY REPRESENTATIVE DUPLESSIS AND SENATORS BARROW,

CARTER, AND MILLSAn ACT

To amend and reenact Code of Criminal Procedure Article 926.1(A), (F), (H)(3) and (5), and (K), relative to post-conviction DNA testing; to extend the time period in which to file an application for post-conviction DNA testing; to extend the time period for preservation of biological material under certain circumstances; to provide relative to accreditation of laboratories for purposes of post-conviction DNA testing; to provide relative to the administration of the DNA Testing Post-Conviction Relief for Indigents Fund; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. Code of Criminal Procedure Article 926.1(A), (F), (H)(3) and (5), and (K) are hereby amended and reenacted to read as follows:

Art. 926.1. Application for DNA testingA.(1) Prior to August 31, 2019 2024, a person convicted of a felony may

file an application under the provisions of this Article for post-conviction relief requesting DNA testing of an unknown sample secured in relation to the offense for which he was convicted. On or after August 31, 2019 2024, a petitioner may request DNA testing under the rules for filing an application for post-conviction relief as provided in Article 930.4 or 930.8 of this Code.

(2) Notwithstanding the provisions of Subparagraph (1) of this Paragraph, in cases in which the defendant has been sentenced to death prior to August 15, 2001, the application for DNA testing under the provisions of this Article may be filed at any time.

* * *F. Once an application has been filed and the court determines the

location of the evidence sought to be tested, the court shall serve a copy of the application on the district attorney and the law enforcement agency which has possession of the evidence to be tested, including but not limited to sheriffs, the office of state police, local police agencies, and crime laboratories. If the court grants relief under this Article and orders DNA testing the court shall also issue such orders as are appropriate to obtain the necessary samples to be tested and to protect their integrity. The testing shall be conducted by a laboratory mutually agreed upon by the district attorney and the petitioner. If the parties cannot agree, the court shall designate a laboratory to perform the tests which that is accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) in forensic DNA analysis by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangements for Testing Laboratories (ILAC MRA) and requires conformance to an accreditation program based on the international standard ISO/IEC 17025 with an accreditation scope in the field of forensic science testing in the discipline of biology, and that is compliant with the current version of the Federal Bureau of Investigations Quality Assurance Standards for Forensic DNA Testing Laboratories.

* * *H.

* * *(3) After service of the application on the district attorney and the law

enforcement agency in possession of the evidence, the clerks of court of each parish and all law enforcement agencies, including but not limited to district attorneys, sheriffs, the office of state police, local police agencies, and crime laboratories shall preserve until August 31, 2019 2024, all items of evidence in their possession which are known to contain biological material that can be subjected to DNA testing, in all cases that, as of August 15, 2001, have been concluded by a verdict of guilty or a plea of guilty.

* * *(5) Notwithstanding the provisions of Subparagraphs (3) and (4) of this

Paragraph, after service of the application on the district attorney and the law enforcement agency in possession of the evidence, the clerks of court of each parish and all law enforcement agencies, including but not limited to district attorneys, sheriffs, the office of state police, local police agencies, and crime laboratories may forward for proper storage and preservation all items of evidence described in Subparagraph (3) of this Paragraph to a laboratory that is accredited in forensic DNA analysis by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangements for Testing Laboratories (ILAC MRA) and requires conformance to an accreditation program based on the international standard ISO/IEC 17025 with an accreditation scope in the field of forensic science testing in the discipline of biology, and that is compliant with the current version of the Federal Bureau of Investigations Quality Assurance Standards for Forensic DNA Testing Laboratories.

* * *K. There is hereby created in the state treasury a special fund designated

as the DNA Testing Post-Conviction Relief for Indigents Fund. The fund shall consist of money specially appropriated by the legislature. No other

public money may be used to pay for the DNA testing authorized under the provisions of this Article. The fund shall be administered by the Louisiana Indigent Defense Assistance Public Defender Board. The fund shall be segregated from all other funds and shall be used exclusively for the purposes established under the provisions of this Article. If the court finds that a petitioner under Article 926.1 of this Code is indigent, the fund shall pay for the testing as authorized in the court order.


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ACT No. 157 ---

HOUSE BILL NO. 294BY REPRESENTATIVE CARPENTER

An ACTTo enact R.S. 17:3399.17 and to repeal R.S. 17:3351(H), relative to surveys

about sexual assault on campuses of public postsecondary education institutions; to provide relative to the required anonymous sexual assault climate surveys; to provide for procedures; to provide for reporting; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 17:3399.17 is hereby enacted to read as follows:§3399.17. Public postsecondary education institutions; sexual assault

surveysA.(1) Each public postsecondary education institution shall administer an

anonymous sexual assault climate survey to its students once every three years. If an institution administers other surveys with regard to campus safety, the sexual assault survey may be included as a separate component of any such survey provided that the sexual assault component is clearly identified as such.

(2) Participation in the sexual assault climate survey shall be voluntary; no student shall be required or coerced to participate in the survey nor shall any student face retribution or negative consequence of any kind for declining to participate.

B. The Board of Regents shall:(1) Develop the survey in consultation with the public postsecondary

education management boards and in accordance with national best practices.

(2) Work with the management boards in researching and selecting the best method of developing and administering the survey.

(3) Submit a written report on survey results to the House Committee on Education, Senate Committee on Education, and the governor not later than September first following administration of the survey. The report shall summarize results from each public postsecondary education institution and the state as a whole.

(4) Publish the survey results on the board’s website and in any other location or venue the board deems necessary or appropriate.

C. Each public postsecondary institution shall:(1) Administer a survey during the 2022-2023 academic year and every third

year thereafter.(2) Report survey results to the Board of Regents.Section 2. R.S. 17:3351(H) is hereby repealed in its entirety. Section 3. This Act shall become effective upon signature by the governor



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ACT No. 158 ---

HOUSE BILL NO. 351BY REPRESENTATIVE CARPENTER AND

SENATOR BARROWAn ACT

To amend and reenact Code of Criminal Procedure Article 556.1(C), relative to pleas in criminal cases; to provide relative to pleas of guilty or nolo contendere in felony cases; to provide relative to duties of the court; to require the court to inquire of the defendant and defense counsel of plea offers made by the state; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. Code of Criminal Procedure Article 556.1(C) is hereby amended and reenacted to read as follows:

Art. 556.1. Plea of guilty or nolo contendere in felony cases; duty of court * * *C.(1) The court shall also inquire as to whether the defendant’s willingness

THE ADVOCATEPAGE 29


to plead guilty or nolo contendere results from prior discussions between the district attorney and the defendant or his attorney. If a plea agreement has been reached by the parties, the court, on the record, shall require the disclosure of the agreement in open court or, on a showing of good cause, in camera, at the time the plea is offered.

(2) The court shall further inquire of the defendant and his attorney whether the defendant has been informed of all plea offers made by the state.


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ACT No. 159 ---

HOUSE BILL NO. 381BY REPRESENTATIVES MIGUEZ AND BILLIOT

An ACTTo amend and reenact R.S. 33:140.112(A), relative to railroad districts;

to modify the requirements to serve on the Vermilion and Iberia Railroad Development District board; and to provide for related matters.Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 33:140.112(A) is hereby amended and reenacted to read as follows:

§140.112. Board of commissioners; members, officers, agents and employeesA. In order to provide for the orderly development of the district and

effectuation of the purposes of the district, the district shall be administered and governed by a board of five commissioners, each of whom shall be a qualified voter of the district and who shall be appointed as follows:

(1) Two members shall be appointed by the governing authority of the parish of Vermilion. At least one of such members shall have a bachelor’s degree in agricultural science.

(2) Two members shall be appointed by the governing authority of the parish of Iberia. At least one of such members shall have a bachelor’s degree in agricultural science.

(3) One member shall be appointed by the Twin Parish Port Commission and the University of Louisiana at Lafayette, subject to confirmation by the senators whose districts encompass the parishes of Vermilion and Iberia. Such member shall have a bachelor’s degree in engineering and shall have a minimum of five years experience at the management and operational level of a railroad company.


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ACT No. 160 ---

HOUSE BILL NO. 391BY REPRESENTATIVES FOIL, ABRAHAM, AMEDEE, BACALA, BAGLEY,

BAGNERIS, BARRAS, BERTHELOT, BILLIOT, BOURRIAQUE, BRASS, CHAD BROWN, TERRY BROWN, CARMODY, STEVE CARTER, CHANEY,

CONNICK, COUSSAN, COX, CREWS, DAVIS, DUBUISSON, EDMONDS, EMERSON, GAROFALO, GISCLAIR, GLOVER, GUINN, LANCE HARRIS,

HENRY, HILFERTY, HILL, HOFFMANN, HOLLIS, HORTON, HUVAL, JACKSON, JEFFERSON, JENKINS, ROBERT JOHNSON, JONES,

JORDAN, LACOMBE, TERRY LANDRY, LEGER, LEOPOLD, LYONS, MACK, MARINO, MCFARLAND, MCMAHEN, MIGUEZ, GREGORY

MILLER, MOORE, JAY MORRIS, MOSS, NORTON, PEARSON, POPE, PUGH, PYLANT, SCHEXNAYDER, SEABAUGH, SIMON, SMITH, STOKES,

TALBOT, THOMAS, TURNER, WHITE, AND WRIGHT AND SENATORS BISHOP, PEACOCK, THOMPSON, AND WALSWORTH

An ACTTo enact Chapter 60 of Title 51 of the Louisiana Revised Statutes of 1950, to be

comprised of R.S. 51:3201 through 3208, relative to economic development; to create The Veterans First Business Initiative; to provide for the certification of veteran-owned businesses; to provide for the creation of an insignia to identify a business as part of the initiative; to provide a database to search for veteran-owned businesses; to provide for community outreach and interagency cooperation; to provide for the promulgation of rules; to provide definitions; to provide legislative intent; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. Chapter 60 of Title 51 of the Louisiana Revised Statutes of 1950, comprised of R.S. 51:3201 through 3208, is hereby enacted to read as follows:

CHAPTER 60. THE VETERANS FIRST BUSINESS INITIATIVE§3201. Short titleThis Chapter shall be known and may be cited as “The Veterans First

Business Initiative”.§3202. Legislative findings; creation; intentA. The Legislature of Louisiana hereby finds and declares all of the

following:

(1) It is necessary and appropriate to honor the sacrifice that Louisiana veterans have made on our behalf.

(2) A program recognizing and promoting veteran-owned businesses will help to instill a sense of patriotism in the community and throughout the state and will aid the men and women who were wounded, incapacitated, or otherwise placed their lives on hold to fight for freedom.

(3) After serving in the armed forces, veterans often return with dreams of starting a business to continue to serve the community, reassimilate, and earn an income in civilian life.

(4) The legislature appreciates and recognizes veterans’ sacrifices and intends to encourage and promote veteran-owned businesses as a vital part of the economy of the state.

B. The Legislature of Louisiana hereby creates The Veterans First Business Initiative which shall be administered by Louisiana Economic Development.

C. It is the intent of the Legislature of Louisiana:(1) That The Veterans First Business Initiative shall highlight and promote

veteran-owned businesses to the public making them easily identifiable and accessible to enable citizens to support veterans.

(2) That a cooperation among Louisiana Economic Development, the Louisiana Department of Veterans Affairs, local chambers of commerce, regional economic development organizations, and local economic development organizations throughout the state is harmoniously developed in order to promote veteran-owned businesses.

(3) That The Veterans First Business Initiative shall reach out to veterans who own businesses to encourage and assist the veteran to apply for the program and to facilitate interactions between veteran-owned businesses and veterans seeking employment.

§3203. DefinitionsFor the purposes of this Chapter, terms and phrases shall have the meanings

ascribed as follows:(1) “Department” means Louisiana Economic Development.(2) “Veteran” is an individual who meets either of the following qualifications:(a) A person who served in the active military and was discharged or

released under conditions other than dishonorable.(b) An active or reserve member in any branch of the armed forces of the

United States, including the national guard, coast guard, and armed forces reserves.

(3) “Veteran-owned business” means a business of which at least fifty-one percent is owned by a veteran or by a Gold Star surviving spouse of a member of the armed forces as defined by the United States Department of Defense, and as may be further provided for in rules promulgated under this Chapter.

§3204. Application; form; submission; confirmation; notification; appealA.(1) The department shall develop an application process including an

application form prescribed by the department, for the submission and processing of applications for certification of a business as a veteran-owned business.

(2) As part of its procedure for certification, the department may require applicants to provide information in addition to that requested on the application forms.

(3) No business may be decertified as a result of any changes of application form.

B. Upon receipt of an application, the department shall, in consultation with the Louisiana Department of Veterans Affairs, confirm that the applicant is a veteran and that the business is a veteran-owned business as defined in R.S. 51:3203.

C. The department shall notify the applicant of its decision to grant or deny certification promptly after the decision has been made. If the department denies the application, the decision shall set forth the basis for denial and provide the applicant the opportunity to appeal the decision.

§3205. Insignia; creation; useThe department shall create an insignia for use by certified veteran-owned

businesses to indicate to the public that the business is part of The Veterans First Business Initiative. After certification, a veteran-owned business shall have the right and privilege of displaying the insignia on its storefront and on any promotional or marketing materials. The display of the insignia serves to distinguish the business as being veteran-owned.

§3206. DatabaseThe department shall create and maintain a database of certified veteran-

owned businesses. The department shall make the database available for public access on its official webpage.

§3207. OutreachThe department shall work in cooperation with the Louisiana Department

of Veterans Affairs for outreach to regional economic development organizations, local economic development organizations, and chambers of commerce throughout the state. The cooperation shall serve to encourage business owners who are veterans to seek certification as part of The Veterans First Business Initiative and to promote veteran-owned businesses that have been certified pursuant to the provisions of this Chapter.

§3208. Promulgation of rules and regulationsThe department shall promulgate, in accordance with the Administrative

Procedure Act, any such rules and regulations as are necessary to implement the provisions of the Chapter.

Approved by the Governor, June 6, 2019.A true copy: R. Kyle Ardoin

THE ADVOCATEPAGE 30


Secretary of State--------

ACT No. 161 ---

HOUSE BILL NO. 433BY REPRESENTATIVE LEBAS AND SENATOR MILLS

An ACTTo amend and reenact R.S. 22:1860.3 and to enact R.S. 37:1219(D) through

(F), relative to business practices of pharmacists, pharmacies, and pharmacy benefit managers; to provide relative to pharmacies which contract with pharmacy benefit managers to provide covered drugs, devices, and services; to authorize pharmacists to decline to provide covered drugs, devices, or services in certain cases; to require pharmacists to communicate certain information to customers in such cases; to deem certain acts as prohibited under the Unfair Trade Practices and Consumer Protection Law; to provide for validity and enforceability of certain pharmacy contracts; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 22:1860.3 is hereby amended and reenacted to read as follows:§1860.3. ReimbursementsA. A pharmacy benefit manager or person acting on behalf of a pharmacy

benefit manager shall not reimburse a pharmacy or pharmacist in this state an amount less than the amount that the pharmacy benefit manager reimburses an affiliate of the pharmacy benefit manager for providing the same services. The amount shall be calculated on a per-unit basis using the same generic product identifier or generic code number.

B.(1) Any pharmacy or pharmacist who has a contract, either directly or through a pharmacy services administration organization, with a pharmacy benefit manager administering any type of drug or pharmacy benefit plan to provide covered drugs, devices, or services at a contractual reimbursement rate may decline to provide a covered drug, device, or service if the pharmacy or pharmacist will be or is paid less than the acquisition cost for the covered drug, device, or service.

(2) If the pharmacy or pharmacist declines to provide the drug, device, or service as authorized in this Subsection, then the pharmacy or pharmacist shall provide the customer with adequate information as to where the prescription for the drug, device, or service may be filled.

(3) No pharmacy benefit manager, pharmacy services administration organization, or any person acting for or on behalf of a pharmacy benefit manager or pharmacy services administration organization shall cancel any contract with the pharmacy or pharmacist, sue for breach of contract, use the decision to decline as a cause for not renewing the contract, or retaliate against or penalize the pharmacy or pharmacist in any way.

C. The commission of any act prohibited by this Section shall be considered an unfair method of competition and unfair practice or act which shall subject the violator to any and all actions, including investigative demands, private actions, remedies, and penalties, provided for in the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq.

D. Any provision of a contract that is contrary to any provision of this Section shall be null, void, and unenforceable in this state.

Section 2. R.S. 37:1219(D) through (F) are hereby enacted to read as follows:§1219. Affordable alternative options to prescription drugs

* * *D.(1) Any pharmacy or pharmacist who has a contract, either directly or

through a pharmacy services administration organization, with a pharmacy benefit manager administering any type of drug or pharmacy benefit plan to provide covered drugs, devices, or services at a contractual reimbursement rate may decline to provide a covered drug, device, or service if the pharmacy or pharmacist will be or is paid less than the acquisition cost for the covered drug, device, or service.

(2) If the pharmacy or pharmacist declines to provide the drug, device, or service as authorized in this Subsection, then the pharmacy or pharmacist shall provide the customer with adequate information as to where the prescription for the drug, device, or service may be filled.

(3) No pharmacy benefit manager, pharmacy services administration organization, or any person acting for or on behalf of a pharmacy benefit manager or pharmacy services administration organization shall cancel any contract with the pharmacy or pharmacist, sue for breach of contract, use the decision to decline as a cause for not renewing the contract, or retaliate against or penalize the pharmacy or pharmacist in any way.

E. The commission of any act prohibited by this Section shall be considered an unfair method of competition and unfair practice or act which shall subject the violator to any and all actions, including investigative demands and private actions, remedies, and penalties, provided for in the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq.

F. Any provision of a contract that is contrary to any provision of this Section shall be null, void, and unenforceable in this state.

Section 3. If any provision or item of this Act or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this Act which can be given effect without the invalid provisions, items, or applications, and to this end the provisions of this Act are hereby declared severable in accordance with R.S. 24:175.

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. 162 ---

HOUSE BILL NO. 478BY REPRESENTATIVES BAGLEY, ADAMS, AMEDEE, BACALA, BILLIOT,

TERRY BROWN, CARMODY, CHANEY, COX, DEVILLIER, DUBUISSON, EDMONDS, FALCONER, GLOVER, HODGES, HORTON, HOWARD, JACKSON, LEGER, JAY MORRIS, NORTON, PEARSON, PYLANT,

RICHARD, STAGNI, AND ZERINGUEAn ACT

To amend and reenact R.S. 40:1665.4(A), relative to law enforcement officers; to provide for the purchase of a duty firearm by the family of certain law enforcement officers; to provide for certain criteria; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 40:1665.4(A) is hereby amended and reenacted to read as follows:

§1665.4. Duty firearm of deceased law enforcement officer killed in line of duty

A. An immediate family member listed in Subsection B of this Section of a law enforcement officer as defined by R.S. 40:1665.2(B)(1), (2), and (3), and (18) who suffers death as a result of an injury arising out of and in the course of the performance of his official duties as a law enforcement officer has the right of first refusal to purchase his duty firearm at fair market value, subject to the approval of the head of the law enforcement agency, unless the family member is prohibited from possessing a firearm under the provisions of R.S. 14:95.1 or any other state or federal law.


--------ACT No. 163


BY REPRESENTATIVE GARY CARTER AND SENATOR CARTER

An ACTTo enact R.S. 48:25.2, relative to special treasury funds; to establish the

New Orleans Ferry Fund; to require the Department of Transportation and Development to provide for continued operation of certain ferries; to provide for the deposit of monies in the fund; to provide for the use of monies in the fund; to provide for an effective date; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 48:25.2 is hereby enacted to read as follows:§25.2. New Orleans Ferry Fund; ferry operationsA. There is hereby created, as a special fund in the state treasury, the New

Orleans Ferry Fund, hereinafter referred to as the “fund”. Notwithstanding any provision of law to the contrary, beginning July 1, 2019, and each fiscal year thereafter, after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana, and after making the allocation for state highway fund No. 2 for the Greater New Orleans Expressway Commission, the treasurer shall deposit into the fund, an amount equal to the total of all of the funds derived from the collection of registration and license fees and taxes collected by the state pursuant to R.S. 47:462, and as provided in R.S. 47:481, in the parish of Orleans.

B. The monies in the fund shall be subject to an annual appropriation by the legislature and shall be used only as provided in Subsection C of this Section. The monies in the fund shall be invested by the treasurer in the same manner as the monies in the state general fund, and all interest earned shall be deposited and credited to the fund. All unexpended or unencumbered monies remaining in the fund at the end of the fiscal year shall remain to the credit of the fund.

C. Monies appropriated from the fund shall be used exclusively by the Department of Transportation and Development to fund operations of the Chalmette ferry and to provide ferry service formerly operated by its Crescent City Connection Division. These monies shall be in addition to monies the department shall contribute from its operating budget as provided by law.


Approved by the Governor, June 6, 2019.A true copy: R. Kyle Ardoin

THE ADVOCATEPAGE 31


Secretary of State--------

ACT No. 164 ---

HOUSE BILL NO. 491BY REPRESENTATIVES SCHEXNAYDER, ADAMS, AMEDEE, ANDERS,

BAGNERIS, BARRAS, BOUIE, BOURRIAQUE, BRASS, CHAD BROWN, TERRY BROWN, CARMODY, CARPENTER, GARY CARTER, STEVE

CARTER, CONNICK, COUSSAN, COX, DAVIS, DEVILLIER, DUPLESSIS, EMERSON, FOIL, GAINES, GISCLAIR, GLOVER, GUINN, JIMMY

HARRIS, LANCE HARRIS, HOWARD, JACKSON, JAMES, JEFFERSON, JENKINS, JORDAN, LACOMBE, NANCY LANDRY, TERRY LANDRY,

LARVADAIN, LEGER, LYONS, MARCELLE, MARINO, MCMAHEN, DUSTIN MILLER, MUSCARELLO, NORTON, PIERRE, PYLANT, STAGNI,

STOKES, AND TURNER AND SENATORS GATTI AND WALSWORTHAn ACT

To amend and reenact R.S. 47:1692(3) and to enact R.S. 3:1449(B)(3), Part V of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 3:1461 through 1471, Part VI of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 3:1481 through 1484, and R.S. 40:4.9(F) and 961.1, relative to the regulation of industrial hemp; to authorize industrial hemp farming; to provide for definitions; to provide for powers and duties of the commissioner of agriculture; to provide for powers and duties of the Agricultural Chemistry and Seed Commission; to provide for licensure; to provide for fees; to establish testing, inspection, and record keeping requirements; to provide for research; to prohibit certain activities; to provide for regulation of hemp-derived cannabidiol products; to provide for penalties; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 3:1449(B)(3), Part V of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of 1950, comprised of R.S. 3:1461 through 1471, and Part VI of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of 1950, comprised of R.S. 3:1481 through 1484, are hereby enacted to read as follows:

§1449. Disposition of funds; Seed Fund* * *

B. Subject to appropriation, the monies in the fund shall be used for the following purposes:

* * *(3) To fund any and all costs related to the carrying out of the powers and

duties granted to the commission and the commissioner of agriculture and forestry pursuant to R.S. 3:1461 through 1471.

* * *PART V. INDUSTRIAL HEMP§1461. PurposeIt is hereby the intent of the legislature to recognize industrial hemp as

an agricultural commodity and authorize the cultivation, processing, and transportation of industrial hemp as legal, agricultural activities in the state of Louisiana in accordance with the Agriculture Improvement Act of 2018, P.L. 115-334.

§1462. DefinitionsAs used in this Part, the following terms shall have the following meanings:(1) “Applicant” means any individual, partnership, corporation, cooperative

association, or other business entity applying for a grower, processor, contract carrier, or industrial hemp seed producer license. For purposes of a business entity, “applicant” shall mean the person designated by the business as being responsible for daily business operations.

(2) “Commission” means the Agricultural Chemistry and Seed Commission.(3) “Commissioner” means the Louisiana commissioner of agriculture and

forestry.(4) “Contract carrier” means an entity operating in intrastate commerce to

transport or deliver industrial hemp for compensation.(5) “Cultivate” or “cultivating” means planting, growing, or harvesting

industrial hemp.(6) “Department” means the Louisiana Department of Agriculture and

Forestry.(7) “Designated responsible party” means a natural person designated

by the applicant or licensee as responsible for facility operations of the applicant or licensee facility.

(8) “Grower” means any individual, partnership, corporation, cooperative association, or other business entity that is licensed by the department to cultivate industrial hemp.

(9) “Handle” or “handling” means possessing or storing industrial hemp for any period of time on premises owned, operated, or controlled by a person licensed by the Department of Agriculture and Forestry to cultivate or process industrial hemp.

(10) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more 0.3 percent on a dry weight basis.

(11) “Industrial hemp seed” means Cannabis sativa L. seed or other propagating stock which have been inspected and sampled during their period of growth and preparation for market by the commissioner, or by the inspection official of the state in which the seeds or propagating stock were grown, and which have been found to conform to the regulations issued by the

commission pursuant to this Part.(12) “Process” means converting industrial hemp into a marketable form.(13) “Processor” means any individual, partnership, corporation,

cooperative association, or other business entity that receives industrial hemp for storage or processing into commodities, products, or industrial hemp seed.

(14) “State plan” means a plan required for approval by the United States Secretary of Agriculture to monitor and regulate the production of industrial hemp.

(15) “Transport” or “transporting” means the movement of industrial hemp from the premises of a licensee to the premises of another licensee or from the premises of a licensee to the premises of a permit holder pursuant to R.S. 3:1483 by means of a vehicle.

§1463. Powers and responsibilities of the commissionThe commission shall:(1) Establish criteria and standards for industrial hemp seed approval.(2) Hold hearings on alleged violations of the provisions of this Part or of

the rules and regulations adopted pursuant to this Part.(3) Advise the commissioner on the civil penalties to be imposed or the

injunctive or other civil relief to be sought to punish and restrain violations of the provisions of this Part or of the rules and regulations adopted pursuant to this Part.

§1464. Powers and duties of the commissionerThe commissioner shall:(1) Adopt rules and regulations as are necessary to implement the provisions

of this Part in accordance with the Administrative Procedure Act.(2) Administer and enforce the provisions of this Part and all rules and

regulations adopted pursuant to this Part.(3) Collect, administer, and disburse the proceeds of all fees, interest,

penalties, and other monies collected pursuant to this Part.(4) Appoint and employ all personnel necessary for the efficient and proper

administration of this Part.(5) Enter, either directly or through a duly authorized agent, any land

or areas where hemp is grown, stored, or processed for the purposes of conducting inspections, collecting samples, testing, examining, and copying records, and carrying out suppression or eradication activities as provided in this Part.

(6) Seek and obtain injunctive or other civil relief to restrain and prevent violations of this Part, rules and regulations adopted pursuant to this Part, or orders and rulings issued by the commissioner pursuant to this Part.

(7) Institute civil proceedings to enforce his orders or rulings, collect any assessments, late fees, fines, penalties, or costs due under this Part or to otherwise enforce the provisions of this Part or rules and regulations adopted pursuant to this Part.

(8) Create a state plan, in consultation with the governor and attorney general, to monitor and regulate the production of industrial hemp. The state plan shall include all requirements specified in the Agriculture Improvement Act of 2018, P.L. 115-334.

(a) Submit the state plan to the House and Senate committees on agriculture for approval no later than October 15, 2019.

(b) Submit the state plan for approval by the United States Secretary of Agriculture no later than November 1, 2019.

(9) On or before January 31, 2020, and annually for four years thereafter, submit a status report on the state’s industrial hemp program to the House Committee on Agriculture, Forestry, Aquaculture, and Rural Development and the Senate Committee on Agriculture, Forestry, Aquaculture, and Rural Development. The report shall include the following information:

(a) The number of applications received.(b) The number of licenses issued in the state and in each parish.(c) Total industrial hemp acreage in the state and in each parish.(d) The number of licenses issued to growers with land under two hundred

acres and the total amount of industrial hemp sold from those growers to processors.

(e) Type of industrial hemp grown and processed, whether for fiber, seeds, or other uses.

(f) Estimated value of the industrial hemp industry.§1465. LicensureA.(1) Each industrial hemp seed producer shall obtain an annual license

issued by the department. The license shall authorize the licensee to produce, transport, and sell approved seeds to licensed industrial hemp growers and processors.

(a) A licensed industrial hemp seed producer shall ensure that the seed complies with the standards set by the commission.

(b) The department shall provide information that identifies sellers of industrial hemp seed to growers.

(2) A grower of industrial hemp shall obtain an annual license issued by the department. The license shall authorize the licensee to cultivate, handle, and transport industrial hemp in this state.

(3) A processor of industrial hemp shall obtain an annual license issued by the department. The license shall authorize the licensee to handle, process, and transport industrial hemp in this state.

(4) A contract carrier of industrial hemp shall obtain an annual license issued by the department. The license shall authorize the licensee to transport industrial hemp in this state.

B. Any person desiring to obtain a license shall apply to the commissioner for a license on a form prescribed by the commissioner. A license must be

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obtained before a person purchases or obtains any industrial hemp seeds.C.(1) The application for any grower, processor, contract carrier, or industrial

hemp seed producer license shall include the following information:(a) The name and address of the applicant.(b) The name and address of the designated responsible party, if the

applicant is a business entity.(c) Except for the contract carrier applicant, the legal description and

global positioning coordinates of the land area to be used to produce or process industrial hemp.

(2) If any changes are made to the required information in Paragraph (1) of this Subsection, the applicant shall resubmit the application to the department within fifteen days.

D.(1) Upon application for initial licensure or annual license renewal, the applicant shall be required to submit to a criminal background check. The applicant shall submit fingerprints and other identifying information to the Louisiana Bureau of Criminal Identification and Information. The costs of providing the criminal background check shall be assessed by the bureau, as specified in R.S. 15:587(B), and paid by the applicant.

(2) No person shall be eligible to obtain a license if convicted under state or federal law of any of the following:

(a) A felony within the ten years immediately preceding the date of application.

(b) A drug-related misdemeanor within the two years immediately preceding the date of application.

E. The applicant is responsible for any employee working under the applicant’s license.

F. The provisions of this Section shall not apply to the Louisiana State University Agricultural Center and the Southern University Agricultural Center when performing research as provided for in R.S. 3:1469.

§1466. Records requiredA. Every grower, processor, contract carrier, and industrial hemp seed

producer shall maintain full and accurate records as required by rules and regulations of the department.

B. The department’s rules and regulations on record keeping shall, at a minimum, require the following:

(1) All licensees shall maintain documentation of any sales or distribution, including the party to which the product was sold or distributed.

(2) Growers shall maintain documentation of traceability from seed acquisition to harvest to crop termination.

(3) Processors shall maintain documentation of industrial hemp acquisition from grower to final product.

(4) Any person transporting or delivering industrial hemp shall have a dated invoice, bill of lading, or manifest in his possession during the entire time he is transporting or delivering industrial hemp. The invoice, bill of lading, or manifest shall include the following information:

(a) The seller’s and the purchaser’s name and address.(b) The specific origin and destination of the industrial hemp being

transported.(c) The quantity of industrial hemp being transported.§1467. Fees; disposition of fundsA. The commissioner may establish annual license and testing fees to be

paid to the department. The amount of the fees shall be based on the cost of the regulatory functions performed and services provided. The annual license fee shall not exceed five hundred dollars and the testing fee shall not exceed two hundred fifty dollars.

B. All assessments, fees, penalties, and other funds received pursuant to this Part shall be deposited in the Seed Fund provided for in R.S. 3:1449.

§1468. Testing; inspectionsA. The department shall collect samples to test all industrial hemp crops

prior to harvest to ensure the THC concentration does not exceed 0.3 percent. The grower shall harvest his approved industrial hemp plants not more than fifteen days following the date of sample collection by the department, unless specifically authorized in writing by the department.

B. In addition to any scheduled testing, the department may randomly inspect any industrial hemp crop or industrial hemp product and take a representative composite sample for field analysis if the department has reason to believe a violation of this Part has occurred. If a crop of industrial hemp or industrial hemp product contains a THC concentration that exceeds 0.3 percent on a dry weight basis, the department may detain, seize, destroy, or embargo an industrial hemp crop or industrial hemp product.

C. Any facility processing industrial hemp products for consumption shall be subject to inspection by the Louisiana Department of Health as provided for in R.S. 40:631.

§1469. Industrial hemp researchA. The Louisiana State University Agricultural Center and the Southern

University Agricultural Center are authorized to cultivate, handle, and process industrial hemp and industrial hemp seeds for research and development of new varieties.

B. Each university may contract with licensed hemp seed producers for development of seed for distribution through a process as determined by the department.

§1470. Civil penalties; procedures for imposition of penaltiesA. Any person who violates any of the provisions of or the regulations

adopted pursuant to this Part; or who alters, forges, or counterfeits, or uses without authority any license or other document provided for in this Part or in the regulations adopted pursuant to this Part; or who fails to collect or to

timely pay the assessments, fees, and penalties due or assessed pursuant to this Part, shall be subject, in addition to any unpaid assessments, late fees, or collection costs, to a civil penalty of not more than five hundred dollars for each act of violation and for each day of violation. Each day on which a violation occurs shall constitute a separate offense.

B. Any licensee who violates any of the provisions of or the regulations adopted pursuant to this Part shall be subject to having his license suspended, revoked, or placed on probation, in addition to any other penalties authorized by this Part.

C. Penalties may be assessed only by a ruling of the commissioner based upon an adjudicatory hearing held in accordance with the provisions of the Administrative Procedure Act.

(1) The commission shall be convened by the commissioner for the purpose of hearing any alleged violation of this Part or any rule and regulation adopted pursuant to this Part.

(2) The commissioner shall appoint a hearing officer to preside over the hearing.

(3) The commission shall make an initial determination on the matter. This determination shall be submitted to the commissioner in writing.

(4) The commissioner shall make the final determination on the matter. If the determination of the commissioner differs from the determination of the commission, the commissioner shall issue a written opinion based on the record of the hearing.

D. In addition to civil penalties, the commissioner may assess the cost of the adjudicatory hearing against any person found to be in violation of this Part or the regulations adopted pursuant to this Part. The commissioner shall, by regulation, determine the amount of costs to be assessed in adjudicatory hearings.

§1471. Criminal penaltiesA. It shall be unlawful for any person or entity to cultivate, handle, process,

or transport industrial hemp in any of the following circumstances:(1) Without a license.(2) Outside the scope of a license.(3) If the industrial hemp originates from a seed that has not been approved

by the commissioner.(4) If the Cannabis sativa L. plant or any part of that plant would otherwise

be industrial hemp as defined by this Part except that it has a delta-9 tetrahydrocannabinol (THC) concentration that exceeds 0.3 percent on a dry weight basis. This shall not include handling the plant for destruction as required by the department pursuant to this Part.

B. Whoever violates the provisions of this Section shall be imprisoned at hard labor for not less than one year nor more than twenty years and shall be fined not more than fifty thousand dollars.

C. The provisions of this Section shall not apply to the Louisiana State University Agricultural Center and the Southern University Agricultural Center when performing research as provided for in R.S. 3:1469.

PART VI. INDUSTRIAL HEMP-DERIVED CANNABIDIOL PRODUCTS§1481. DefinitionsAs used in this Part:(1) “CBD” means cannabidiol.(2) “Commissioner” means the commissioner of alcohol and tobacco control.(3) “Department” means the Louisiana Department of Health.(4) “Industrial hemp” or “hemp” means the plant Cannabis sativa L. and any

part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more 0.3 percent on a dry weight basis.

(5) “Industrial hemp-derived CBD product” means any industrial hemp-derived product or hemp-derived product that contains CBD intended for consumption or topical use.

(6) “State plan” means a plan required for approval by the United States Secretary of Agriculture to monitor and regulate the production of hemp.

§1482. CBD products; prohibitions; Louisiana Department of HealthA. No person shall process or sell:(1) Any part of hemp for inhalation.(2) Any alcoholic beverage containing CBD.(3) Any food product or beverage containing CBD unless the United States

Food and Drug Administration approves CBD as a food additive.B. Any CBD product that is manufactured, distributed, imported, or sold for

use in Louisiana shall:(1) Be produced from hemp grown by a licensee authorized to grow hemp

by the United States Department of Agriculture or under an approved state plan pursuant to the Agriculture Improvement Act of 2018, P.L. 115-334, or under an authorized state pilot program pursuant to the Agriculture Act of 2014, P.L. 113-79.

(2) Be registered with the department in accordance with the State Food, Drug, and Cosmetic Law (R.S. 40:601 et seq.).

(3) Be labeled in accordance with the State Food, Drug, and Cosmetic Law (R.S. 40:601 et seq.).

(4) Not be marketed as a dietary supplement.C. All labels shall meet the following criteria in order to receive approval

from the department:(1) Have the following words printed clearly on the label: “This product has

not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.”

(2) Contain no medical claims.

THE ADVOCATEPAGE 33


(3) Have a scannable bar code, QR code, or web address linked to a document or website that contains a certificate of analysis as provided in Subsection D of this Section.

D. In addition to the registration requirements established by the department, the application for registration shall include a certificate of analysis containing the following information:

(1) The batch identification number, date received, date of completion, and the method of analysis for each test conducted.

(2) Test results identifying the cannabinoid profile by percentage of dry weight, solvents, pesticides, microbials, and heavy metals.

E. The certificate of analysis required by Subsection D of this Section shall be completed by an independent laboratory that meets the following criteria:

(1) Is accredited as a testing laboratory approved by the department.(2) Has no direct or indirect interest in a grower, processor, or distributor

of hemp or hemp products.F. The department shall provide a list of registered products to the office of

alcohol and tobacco control, law enforcement, and other necessary entities as determined by the department.

G. The provisions of this Section do not authorize any person to manufacture, distribute, import, or sell any CBD product derived from any source that is not hemp.

H. The provisions of this Part shall not apply to any CBD product approved by the United States Food and Drug Administration or produced in accordance with R.S. 40:1046.

I. The department shall charge and collect from the manufacturers or packers of industrial hemp-derived CBD products an annual examination and investigation charge of not more than fifty dollars for any one separate and distinct product registered. This charge shall be in lieu of the charge pursuant to R.S. 40:628.

J. The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section by November 1, 2019.

§1483. Permit to sell; office of alcohol and tobacco controlA.(1) Each person who sells or is about to engage in the business of selling

at retail, any industrial hemp-derived CBD product shall first apply for and obtain a permit for each place of business from the office of alcohol and tobacco control.

(2) The permit shall not authorize the permittee to sell or offer for sale any CBD product derived from any source that is not hemp.

B. The commissioner may establish and collect an annual permit fee. The amount of the permit fee shall be based on the cost of the regulatory functions performed and shall not exceed one hundred seventy-five dollars per year.

C. The commissioner shall adopt rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section by November 1, 2019.

§1484. Criminal penaltiesA. Whoever violates the provisions of this Part shall be penalized as follows:(1) On a first conviction, the offender shall be fined not more than three

hundred dollars.(2) On a second conviction, the offender shall be fined not more than one

thousand dollars.(3) On a third or subsequent conviction, the offender shall be sentenced to

imprisonment, with or without hard labor, for not more than two years and shall be fined not more than five thousand dollars.

Section 2. R.S. 40:4.9(F) and 961.1 are hereby enacted to read as follows:§4.9. Low-risk foods; preparation in home for public consumption

* * *F. No preparer of low-risk foods pursuant to this Section shall sell

any food containing cannabidiol unless the United States Food and Drug Administration approves cannabidiol as a food additive.

* * *§961.1. Industrial hemp exemptionNotwithstanding the definitions provided for in R.S. 40:961(6) and (26),

the provisions of the Uniform Controlled Dangerous Substances Law shall not apply to industrial hemp or industrial hemp-derived CBD products as provided for in Parts V and VI of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of 1950.

Section 3. R.S. 47:1692(3) as enacted by the Act that originated as House Bill No. 560 of the 2019 Regular Session of the Legislature is hereby amended and reenacted to read as follows:

§1692. DefinitionsAs used in this Chapter, the following terms shall have the meaning ascribed

to them in this Section unless the context clearly indicates otherwise:* * *(3) Solely for purposes of the imposition of the industrial hemp-derived

CBD tax, “industrial hemp” means the plant Cannabis sativa and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis, and cultivated and processed in accordance with the United States Agriculture Improvement Act of 2018, P.L. 115-334, or the plan submitted by the Louisiana Department of Agriculture and Forestry that is in compliance with the U.S. Department of Agriculture rules produced from hemp grown by a licensee authorized to grow hemp by the United States Department of Agriculture, or under an approved state plan pursuant to the Agriculture Improvement Act of 2018, P.L. 115-334, or under an authorized

state pilot program pursuant to the Agriculture Act of 2014, P.L. 113-79. Industrial hemp shall not include plants of the Genus Cannabis that meet the definition of “marijuana” as defined in R.S. 40:961.

* * *Section 4. The provisions of this Act enacting R.S. 3:1484 shall become

effective on January 1, 2020.Section 5. Section 3 of this Act shall become effective only if House Bill No.

560 of this 2019 Regular Session of the Legislature becomes law.Section 6. The provisions of this Act not addressed in Sections 4 or 5 shall

become effective upon 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. 165 ---


An ACTTo enact Chapter 36 of Title 40 of the Louisiana Revised Statutes of 1950, to

be comprised of R.S. 40:2901 and 2902, relative to law enforcement; to provide for data collection by law enforcement agencies; to provide for the creation of a task force; to provide for membership, duties, and meetings of the task force; to provide specific topics for the task force to study; to provide relative to law enforcement policies regarding racial profiling; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. Chapter 36 of Title 40 of the Louisiana Revised Statutes of 1950, comprised of R.S. 40:2901 and 2902, is hereby enacted to read as follows:

CHAPTER 36. COLLECTION AND SUBMISSION OF DATARELATED TO LAW ENFORCEMENT ACT No.IVITIES

§2901. Short titleThis Chapter may be cited as the “Police Data Accountability, Transparency,

and Analysis Act” or the “Police DATA Act”.§2902. Law Enforcement Data Task ForceA. The Louisiana Legislature hereby creates the Law Enforcement Data

Task Force to study the collection and analysis of data regarding peace officer interaction with the public.

B.(1) The membership of the task force shall be as follows:(a)(i) One member shall be appointed by the Louisiana Commission on Law

Enforcement and Administration of Criminal Justice.(ii) This member shall not be a voting member.(iii) This member shall serve as the task force president.(b) One member shall be appointed by the Louisiana Association of Chiefs

of Police.(c) One member shall be appointed by the Louisiana Sheriffs’ Association.(d) One member shall be appointed by the Department of Public Safety and

Corrections, office of state police.(e) One member shall be appointed by Pelican Institute for Public Policy.(f) One member shall be appointed by Southern Poverty Law Center.(g) One member shall be appointed by Public Affairs Research Council.(h) One member shall be appointed by American Civil Liberties Union of

Louisiana.(i) One member shall be appointed by the Louisiana American Federation

of Labor-Congress of Industrial Organizations (AFL-CIO).(j) One member shall be appointed by the Louisiana Supreme Court.(k) One member shall be appointed by Louisiana Survivors for Reform.(l) One member shall be appointed by the Louisiana District Attorneys

Association.(m) One member shall be appointed by the Louisiana Judicial Council.(n) One member shall be appointed by the Council on Peace Officer

Standards and Training.(o) One member shall be appointed by Sexual Trauma Awareness and

Response (STAR).(p) One member shall be appointed by the Integrated Criminal Justice

Information System Policy Board (ICJIS).C. The task force meetings shall be subject to the Open Meetings Law.D. A majority of the members of the task force shall constitute a quorum.

A quorum shall be present to transact any business. The task force shall not create any subcommittees, but shall handle all matters before the task force.

E. The task force shall meet at least quarterly for one year, and the initial meeting shall be no later than November 30, 2019. Dates and times for all remaining task force meetings shall be agreed upon by all appointed members of the task force.

F. The task force shall discuss and report on the following topics with respect to the collection of data and information by law enforcement agencies:

(1) Current methods of data collection in the state of Louisiana.(2) Current methods of data collection outside the state of Louisiana.(3) Current methods of reporting data outside the state of Louisiana.(4) Methods of utilizing data collection and reporting to improve public

THE ADVOCATEPAGE 34


safety, community engagement, and public confidence in law enforcement.(5) The manner in which rural and small law enforcement agencies currently

comply with data collection requirements in other states.(6) Recommendations on the expansion of data collection and reporting.(7) Possible methods of transmitting collected data by law enforcement

agencies for aggregated presentation.(8) A cost analysis for the collection of extensive data, including but not

limited to the following:(a) Traffic stops.(b) Pedestrian stops.(c) Clearance rates.(d) Execution of no-knock warrants.(e) Use of special weapons and tactics teams.(f) Use of force.(9) Current policies against racial profiling utilized by individual law

enforcement agencies in the state. The task force shall review the policies of each law enforcement agency to determine whether the agency is excepted from the reporting requirements as provided in R.S. 32:398.10(E).

G. The task force shall accept written or in-person testimony regarding all matters it considers and shall include all relevant public testimony in its final report required by Subsection H of this Section.

H. The task force shall submit a written report to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice, the House Committee on Judiciary, the Senate Committee on Judiciary B, and the Council on Peace Officers Standards and Training by January thirty-first of each calendar year. The initial report shall be submitted by the task force on January 31, 2021.


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ACT No. 166 ---

HOUSE BILL NO. 512BY REPRESENTATIVES COX AND JACKSON

An ACTTo amend and reenact R.S. 13:5807(A)(1) through (11), (16) through (19), (21)

through (24), (26), and (29) and (B), relative to costs and fees; to provide relative to city marshal and constable services; to provide for the use of fees and costs; to require certain funds to be deposited in the equipment and training fund; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 13:5807(A)(1) through (11), (16) through (19), (21) through (24), (26), and (29) and (B) are hereby amended and reenacted to read as follows:

§5807. Fees and costsA. Constables and marshals, except in Orleans Parish and as provided by

R.S. 13:5807.1, 5807.3, 5807.4, and 5807.5, shall be entitled to the following fees of office, and no more, in civil matters:

(1) For making service or attempted service and return of citation with or without petition on each defendant, a minimum of ten dollars and a maximum of thirty dollars.

(2) For making service or attempted service and return of supplemental or amended petition with or without accompanying citation, a minimum of ten dollars and a maximum of thirty dollars.

(3) For making service or attempted service of interrogatories and notice of cross interrogatories, a minimum of ten dollars and a maximum of thirty dollars.

(4) For making service or attempted service and return of garnishment under writ of fieri facias, a minimum of twenty-eight dollars and fifty cents and a maximum of thirty dollars.

(5) For making service or attempted service and return of writ of attachment on each witness, a minimum of nine dollars and fifty cents and a maximum of thirty dollars.

(6) For executing writ of sequestration, provisional seizures, or distringas, in each case, a minimum of twelve dollars and fifty cents and a maximum of thirty dollars. For service of each notice to defendant and return thereon in connection with execution of any of the writs covered by this Paragraph, a minimum of ten dollars and a maximum of thirty dollars.

(7) For taking bond authorized by law, thirteen dollars and fifty cents.(8) For making service or attempted service and return of notice of judgment,

a minimum of ten dollars and a maximum of thirty dollars.(9) For making service or attempted service and return of citation and

petition of appeal and order, a minimum of ten dollars and a maximum of thirty dollars.

(10) For return of fieri facias, a minimum of ten dollars and a maximum of thirty dollars.

(11) For making service or attempted service and return of citations requiring personal service, a minimum of eleven dollars and fifty cents and a maximum of thirty dollars, specifically rule nisi, subpoena, subpoena duces tecum, judgment debtor.

* * *(16) For service and making return of any rule, order of court, or notice on

any party to a suit or other proceeding, or after judgment rendered, where

return of service is made by the constable or marshal, including service or notice of release of seizure, and other than those herein otherwise provided for, a minimum of ten dollars and fifty cents and a maximum of thirty dollars for each service; for service of a judgment debtor rule, a fee of a minimum of eleven dollars and fifty cents and a maximum of thirty dollars.

(17) For service of subpoena on each witness and making return thereof, a minimum of ten dollars and a maximum of thirty dollars.

(18) For service of attachment on a witness or for service on any person for contempt of court to be brought into court and for return thereon, a minimum of eleven dollars and fifty cents and a maximum of thirty dollars.

(19) For service of citation and petition of appeal for each party on whom service is directed to be made and for making return thereof, a minimum of ten dollars and a maximum of thirty dollars.

* * *(21) For executing writ of arrest and making return thereon, a minimum of

eleven dollars and fifty cents and a maximum of thirty dollars.(22) For serving writ of injunction, certiorari, mandamus, prohibition, or

notice of demand and making return thereon, in each case a minimum of ten dollars and a maximum of thirty dollars.

(23) For executing writ of habeas corpus and making return thereon, to be charged in civil cases only, a minimum of eleven dollars and fifty cents and a maximum of thirty dollars.

(24) For serving notice of seizure and sale on one party and making a copy for recordation in the mortgage records, when necessary or required, and for making return for all, a minimum of fourteen dollars and fifty cents and a maximum of thirty dollars. For service of each additional notice of seizure and return, a minimum of ten dollars and a maximum of thirty dollars.

* * *(26) For preparing advertisement for newspapers, for each one hundred

words or part thereof, a minimum of eleven dollars and fifty cents and a maximum of thirty dollars.

* * *(29)(a) For executing writ of possession and writ of ejectment, a minimum

of ten dollars and a maximum of thirty dollars.(b)(i) For service of each notice to vacate on defendant or occupants, a

minimum of ten dollars and a maximum of thirty dollars.(ii) If the defendant or occupants do not vacate the premises named in

the writ upon service of notice to vacate and the marshal or constable is required to do anything further to obtain possession, he shall be entitled to an additional fee of a minimum of ten dollars and fifty cents and a maximum of thirty dollars.

(c) Nothing herein shall be construed to bar the marshals or constables from charging and collecting for cost of labor and other costs and expenses actually paid or incurred by them in order to obtain possession of the premises described in the writ.

* * *B. Sixty percent of any the funds collected in excess of the minimum fees

authorized by pursuant to Paragraphs (A)(1) through (12)(11) and Paragraphs (A)(15) (16) through (30) (29) shall be deposited in the equipment and training fund of this Section. shall be used to assist in funding the purchase or updating of necessary equipment and officer training to carry out the efficient performance of all duties imposed by law on constables and marshals. These funds shall be deposited into an The money designated to be deposited in the equipment and training fund shall be used to assist in the purchasing or updating of necessary equipment and officer training to carry out the efficient performance of all duties imposed by law on constables and marshals. The equipment and training fund which shall be subject to and included in the constables’ and marshals’ annual audit. A copy of the audit shall be filed with the legislative auditor who shall make it available to the public.


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ACT No. 167 ---

HOUSE BILL NO. 538BY REPRESENTATIVES LEBAS AND AMEDEE

An ACTTo amend and reenact R.S. 22:1856.1(B)(introductory paragraph), (2), (3), (7)

(b), and (8), (D)(1)(introductory paragraph) and (2)(introductory paragraph), and (F), to enact R.S. 22:1856.1(D)(3), and to repeal R.S. 22:1856.1(G)(3) and (4), relative to pharmacy record audits; to provide for applicability of laws relative to such audits; to provide relative to procedures for such audits; to repeal provisions relative to onsite audits; to provide relative to audits conducted by or in consultation with licensed pharmacists; to provide limitations on recoupment of reimbursements paid to pharmacists; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 22:1856.1(B)(introductory paragraph), (2), (3), (7)(b), and (8), (D)(1)(introductory paragraph) and (2)(introductory paragraph), and (F) are hereby amended and reenacted and R.S. 22:1856.1(D)(3) is hereby enacted to read as follows:

§1856.1. Pharmacy record audits; recoupment; appeals

THE ADVOCATEPAGE 35


* * *B. Notwithstanding any other provision of law to the contrary, when an

onsite audit of the records of a pharmacy is conducted by an entity, the audit shall be conducted in accordance with the following criteria:

* * *(2)(a) No entity shall conduct an on-site audit at a particular pharmacy

more than one time annually. However, the provisions of this Paragraph shall not apply when an entity must return to a pharmacy to complete an audit already in progress, or there is an identified history of errors, an identified activity which a reasonable man would believe to be inappropriate, or illegal activity that the entity has brought to the attention of the pharmacy owner or corporate headquarters of the pharmacy.

(b) Nothing in this Paragraph shall prohibit review of a claim filed by a pharmacy to determine if the claim is payable or is paid correctly. Such review may require the submission of prescription copies and other documentation related to the specific claims under review but shall not require the pharmacy to provide any additional information not related to those specific claims.

(3)(a) The entity or any vendor or subcontractor of the entity which conducts the initial onsite audit shall give the pharmacy notice at least two weeks before conducting the initial onsite audit for each audit cycle.

(b) If the audit, review, or investigation is initiated based on or involves alleged fraud or willful misrepresentation, notice before the initial on-site audit is not mandatory where it could impede the audit, review, or investigation.

* * *(7)

* * *(b) A pharmacy shall be allowed at least thirty days following receipt of

the preliminary audit report in which to initiate an appeal to address any discrepancy found during an on-site audit, as provided in Subsection E of this Section.

* * *(8) Any audit which involves clinical judgment shall be conducted by or in

consultation with a licensed pharmacist licensed in Louisiana.* * *

D.(1) No pharmacy shall be subject to recoupment of any portion of the reimbursement for the dispensed product of a prescription unless one or more of the following has occurred at the point of adjudication:

* * *(2) Recoupment of claims shall be based on the actual financial harm to

the entity, or on the actual overpayment or underpayment, at the point of adjudication. A finding of an overpayment that is the result of dispensing in excess of the benefit design, as established by the plan sponsor, shall be calculated as the difference between what was dispensed in accordance with the prescriber’s orders and the dispensing requirements as set forth by the benefit design. Calculations of overpayments shall not include dispensing fees unless one or more of the following conditions has been satisfied:

* * *(3) If any entity determines that the processed or adjudicated claim of

a pharmacy qualifies for recoupment based upon the use of manufacturer coupon or copay card, such recoupment shall come from the beneficiary of the reduction if the product is approved by the United States Food and Drug Administration through the new drug application process or abbreviated new drug application, or is an investigational drug which is a biological product as defined in R.S. 40:1169.3.

* * *F. Unless otherwise provided for in the network agreement, pharmacies or

payors may seek mediation to resolve contractual disputes related to pricing or on-site audits.

* * *Section 2. R.S. 22:1856.1(G)(3) and (4) are hereby repealed in their entirety.


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ACT No. 168 ---

HOUSE BILL NO. 590BY REPRESENTATIVE GAINES

An ACTTo amend and reenact R.S. 33:4574.12(B)(6), (C)(1), and (D)(1)(a), relative

to the River Parishes Convention, Tourist, and Visitors District; to provide relative to meetings and powers of the district’s governing commission; to provide relative to hotel occupancy taxes levied by the commission; and to provide for related matters.Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 33:4574.12(B)(6), (C)(1), and (D)(1)(a) are hereby amended and

reenacted to read as follows:§4574.12. River Parishes Convention, Tourist, and Visitors District;

commission* * *

B.* * *

(6) The commission shall meet at least once per quarter but not more than once per month.

C.(1) The commission shall have the power to sue and be sued, to accept grants or donations of every type, to spend money on capital improvements if necessary to receive matching federal or state funds, to do all things necessary for the attraction of conventions, tourists, and visitors, including the management and promotion of convention facilities, tourist attractions, film studios and activities, docking facilities, and other points of interest within the three-parish area. Such promotion may include the advertisement and publication of information relating thereto. However, the commission shall not exercise any function which results in direct competition with local retail businesses or enterprises.

* * *D.(1)(a) In order to provide funds for the operation of the commission, the

commission may levy and collect a hotel/motel occupancy tax within the parishes. The tax shall not exceed two four percent of the rent or fee charged for such occupancy.


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ACT No. 169 ---

HOUSE BILL NO. 43BY REPRESENTATIVE JIMMY HARRIS

An ACTTo enact R.S. 47:338.220, relative to the city of New Orleans; to authorize the

governing authority of the city to levy and collect an occupancy tax on short-term rentals of overnight lodging, subject to voter approval; to provide for the use of tax proceeds; and to provide for related matters.Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 47:338.220 is hereby enacted to read as follows:§338.220. City of New Orleans; short-term rental occupancy taxA.(1) In addition to any other tax levied and collected, the governing

authority of the city of New Orleans may levy and collect a tax upon the paid occupancy of short-term rentals located within the city. The occupancy tax shall not exceed six and three-quarters percent of the rent or fee charged for such occupancy.

(2) The term “short-term rentals” as used in this Section shall mean and include the rental of all or any portion of a residential dwelling unit for dwelling, lodging, or sleeping purposes to one party with a duration of occupancy of less than thirty consecutive days. Hotels, motels, bed and breakfasts, and other land uses explicitly defined and regulated separately from short-term rentals are not considered to be short-term rentals.

(3) The person who exercises or is entitled to occupancy of the short-term rental shall pay the occupancy tax at the time the rent or fee for occupancy is paid. “Person” as used in this Paragraph shall have the same definition as that contained in R.S. 47:301(8).

B. The governing authority of the city of New Orleans may impose the occupancy tax by ordinance. The governing authority may adopt such ordinance only after a proposition authorizing the levy of the tax has been approved by a majority of the electors of the city voting at an election held for that purpose in accordance with the Louisiana Election Code. The governing authority may provide in the ordinance necessary and appropriate rules and regulations for the imposition, collection, and enforcement of the occupancy tax.

C. The governing authority may enter into a contract with any public entity authorized to collect sales or use taxes, under such terms and conditions as it may deem appropriate, including payment of a reasonable collection fee, for the collection of the occupancy tax authorized by this Section. The occupancy tax shall be in addition to all taxes levied upon the occupancy of short-term rentals located within the city.

D. Except as provided in Subsection C of this Section, the proceeds of the tax shall be distributed as follows:

(1) An amount equal to twenty-five percent of the proceeds shall be allocated, pursuant to a cooperative endeavor agreement, to New Orleans & Company to be used to promote tourism in the city.

(2) An amount equal to seventy-five percent of the proceeds shall be dedicated to the infrastructure fund of the city.



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THE ADVOCATEPAGE 36


ACT No. 170 ---

HOUSE BILL NO. 522BY REPRESENTATIVE ABRAMSON

An ACTTo amend and reenact the third unnumbered subparagraph of Paragraph

(M) of Section 47 of Article XIV of the Constitution of 1921, continued as statute by Article XIV, Section 16, of the Constitution of 1974, relative to the city of New Orleans; to provide relative to the levy of sales and use taxes on hotels within the Louisiana Stadium and Exposition District; to provide relative to the city’s authority to levy certain suspended taxes; to provide for the use of tax proceeds; and to provide for related matters.Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.

Be it enacted by the Legislature of Louisiana:Section 1. The third unnumbered subparagraph of Paragraph (M) of Section

47 of Article XIV of the Constitution of 1921, continued as statute by Article XIV, Section 16, of the Constitution of 1974, is hereby amended to read as follows:

§47. Louisiana Stadium and Exposition District* * *

(M)* * *

In the event the occupancy tax is imposed as herein provided, the two percent state sales and use tax on hotel fees and rentals covered by the occupancy tax, as well as all other local sales or use taxes levied within the District prior to the effective date of this amendment by any political subdivision of the State on such hotel fees and rentals, except the sales and use taxes levied by the city of New Orleans, shall be abated during the period of the levy of the occupancy tax, it being the intention of this amendment to exempt such rentals and fees from the said sales and use taxes in consideration of the economic and financial benefits accruing to the state, the City of New Orleans and the Parish of Jefferson from the construction and operation of the District’s facilities. Provided, however, that the Orleans Parish School Board may levy or continue to levy on such hotel fees and rentals its one percent sales and use tax authorized at a special election held on May 3, 1966; the Jefferson Parish School Board may levy or continue to levy on such hotel fees and rentals its one-half of one percent sales and use tax authorized at a special election held on May 3, 1966; and the Jefferson Parish School Board shall continue to receive and the governing authority of the Parish of Jefferson shall continue to levy for the benefit of said School Board on such hotel fees and rentals fifty percent of the one percent sales and use tax authorized at a special election held on October 5, 1954, it being the further intention of this amendment that the present rate of the sales and use taxes being levied by or accruing to such school boards under existing law shall not be abated or diminished.

* * *Section 2. All revenue received by the city of New Orleans as a result of the

provisions of this Act shall be deposited into the infrastructure fund of the city.



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ACT No. 171 ---

HOUSE BILL NO. 544BY REPRESENTATIVES BARRAS, ADAMS, BAGNERIS, BILLIOT, BOUIE,

COX, DUPLESSIS, GAINES, JIMMY HARRIS, JEFFERSON, JENKINS, TERRY LANDRY, LARVADAIN, LEGER, LYONS, MARCELLE, MOSS,

NORTON, PIERRE, SMITH, STAGNI, AND STOKES AND SENATOR ALARIO

An ACTTo amend and reenact R.S. 27:241(A), 241.1, 243(C), 247, and 270(A)(3), and

Subpart P-1 of Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.81, relative to the land-based casino operating contract; to provide relative to the duration of the primary contract term and the duration of renewal terms; to authorize a renewal term of thirty years when certain conditions are met; to provide relative to compensation paid to the Louisiana Gaming Control Board; to provide relative to the Compulsive and Problem Gaming Fund; to provide for a specific amount to be paid to the Louisiana Gaming Control Board and to provide for disposition and use of such monies; to provide for a specific amount to be paid to the state and to provide for disposition and use of such monies; to provide relative to funding for the Louisiana Cancer Research Center of the LSU Health Sciences Center in New Orleans/Tulane Health Sciences Center; to provide relative to the exercise of a call option to the leasehold interest in the official gaming establishment; to provide for the

deposit of monies into certain special treasury funds; to provide with respect to the Community Water Enrichment and Other Improvements Fund and accounts therein; to provide relative to the contract and payment for casino support services; to provide for a specific amount to be paid to the governing authority for the parish where the official gaming establishment is located for providing casino support services; to provide relative to the casino gaming operator’s authority to conduct and offer non-casino gaming activities and operations; to provide for certain restrictions on certain non-casino gaming activities including restaurants and hotels; to provide relative to a memorandum of understanding and agreement between the casino gaming operator and the Greater New Orleans Hotel and Lodging Association; to provide relative to a memorandum of understanding and agreement between the casino gaming operator and the Louisiana Restaurant Association; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 27:241(A), 241.1, 243(C), 247, and 270(A)(3) are hereby amended and reenacted to read as follows:

§241. Board to let contract to conduct casino gaming operations; bid specifications; compensation of casino gaming operator; contract renewal

A.(1) Notwithstanding any provision of law to the contrary, the board of directors shall publicly advertise, offer, and let, in accordance with the provisions of this Chapter, a contract to conduct casino gaming operations at a single official gaming establishment to be located upon the site of the Rivergate Convention Center in Orleans Parish. The initial term of the contract and any option to extend or renew the initial term of the contract may not exceed a total of twenty years primary term and one ten-year renewal option except as provided in this Subsection. The contract or renewal option to conduct casino operations shall not be subject to sale, alienation, assignment, or transfer by the casino gaming operator except as provided for in this Chapter.

(2)(a) Notwithstanding any law to the contrary, upon meeting the requirements of Subparagraph (b) of this Paragraph and upon a showing that additional renewals of the casino operating contract will benefit the economy of the state, encourage the continued growth of tourism, and promote the stability of casino operations at the land-based casino, and subject to the approval of any change in terms of the casino operating contract by the Joint Legislative Committee on the Budget and the approval by the New Orleans City Council, the mayor of the city of New Orleans, and the casino operator of all matters necessary to implement the provisions of the extension, the Louisiana Gaming Control Board shall approve and enter into additional thirty-year renewal terms of the casino operating contract, in addition to the initial term and the ten-year renewal term, subject to compliance with the provisions of this Chapter.

(b) Prior to July 15, 2024, the casino operator shall make a capital investment on or around the official gaming establishment of three hundred and twenty-five million dollars, subject to an extension for any force majeure event, including any lawsuit, that delays construction, provided however, that in order for such extension to take place, the casino operator shall be required to post a bond or put monies in escrow to ensure satisfaction of the mandated capital spend and shall be required to proceed with construction immediately upon the cessation of the force majeure event.

(3) The thirty-year renewal term, extending the casino operating contract to July of 2054, shall contain provisions that do all of the following:

(a) As provided in R.S. 27:247, require the casino operator to annually pay directly to the governing authority of the parish where the official gaming establishment is located a sum of money as set forth in R.S. 27:247 to compensate the parish for the cost to the parish for providing support services resulting from the operation of the official gaming establishment and activities therein.

(b) As provided in R.S. 27:241.1(B), require the casino operator to annually pay to the Louisiana Gaming Control Board a sum of money as set forth in R.S. 27:241.1(B), in addition to the existing obligation to remit to the Louisiana Gaming Control Board any fees or compensation, including compensation paid to the Louisiana Gaming Control Board pursuant to R.S. 27:241.1(A).

(c) As provided in R.S. 27:241.1(C), require the casino operator to pay to the Louisiana Gaming Control Board an annual license payment as set forth in R.S. 27:241.1(C), in addition to the existing obligation to remit to the Louisiana Gaming Control Board any fees or compensation, including compensation paid to the Louisiana Gaming Control Board pursuant to R.S. 27:241.1(A) and (B).

(d)(i) Notwithstanding any provision of law to the contrary, the casino operator shall pay a sum of twenty-five million dollars to the state and to the city of New Orleans to be paid and dispersed pursuant to the provisions of Item (ii) of this Subparagraph.

(ii) Seventy percent shall be paid to the state and thirty percent shall be paid to the city of New Orleans no later than ten days after all of the following occur:

(aa) Approval by the Joint Legislative Committee on the Budget of the amended casino operating contract.

(bb) Approval by the New Orleans City Council of an amended lease that reflects the parties’ mutual understanding and economic development requirements consistent with this Chapter.

(cc) The execution of the amended casino operating contract reflecting the renewal of the contract through July of 2054.

(e) Notwithstanding any provision of law to the contrary, at such time as the real estate investment trust option holder, hereinafter referred to as “option

THE ADVOCATEPAGE 37


holder”, exercises, prior to October 1, 2020, its call option to the leasehold interest in the official gaming establishment, the casino operator shall pay a sum of forty million dollars, seventy percent of which shall be paid to the state and thirty percent of which shall be paid to the city of New Orleans, in three installments as follows:

(i) Twenty million dollars to be paid no later than ten days after the exercise of the call option if the following conditions have been fulfilled at the time of the exercise of the call option, or if the conditions have not been fulfilled at the time of the exercise of the call option, payment shall be made no later than ten days after the fulfillment of the following conditions:

(aa) Approval by the Joint Legislative Committee on the Budget of the amended casino operating contract.

(bb) Approval by the New Orleans City Council of an amended lease that reflects the parties’ mutual understanding and economic development requirements consistent with this Chapter, and all approvals necessary for the assignment of the lease of the official gaming establishment or sublease to the option holder provided that there are no further requirements for remuneration to be paid or further concessions to be made by the casino operator or the option holder to the city of New Orleans in connection with the approval of the assignment of the lease of the official gaming establishment or sublease to the option holder, except as provided in this Chapter.

(cc) The execution of the amended casino operating contract reflecting the renewal of the contract through July of 2054.

(ii) Ten million dollars on the first anniversary of the date on which the payment was made pursuant to Item (i) of this Subparagraph.

(iii) Ten million dollars on the second anniversary of the date on which the payment was made pursuant to Item (i) of this Subparagraph.

(f) Notwithstanding any provision of law to the contrary, if the call option to the leasehold interest in the official gaming establishment is not exercised by October 1, 2020, the casino operator shall pay a sum of forty million dollars, seventy percent of which shall be paid to the state and thirty percent of which shall be paid to the city of New Orleans, in three installments as follows:

(i) Twenty million dollars to be paid no later than ten days after October 1, 2020.

(ii) Ten million dollars on the first anniversary of the date on which the payment was made pursuant to Item (i) of this Subparagraph.

(iii) Ten million dollars on the second anniversary of the date on which the payment was made pursuant to Item (i) of this Subparagraph.

* * *§241.1. Minimum compensation payments; effective March 31, 2001;

payments beginning August 1, 2022A. Notwithstanding the provisions of R.S. 27:241(C) or any other law to the

contrary, effective midnight March 31, 2001, the minimum compensation to be paid by the casino operator to the Louisiana Gaming Control Board shall be the greater of: (i) eighteen and one-half percent of gross revenues or (ii) fifty million dollars for the casino fiscal year April 1, 2001 through March 31, 2002, and sixty million dollars for each the casino fiscal year April 1, 2002 through March 31, 2022, and sixty-five million dollars for the casino year April 1, 2022 and for each casino fiscal year thereafter. Such amount shall be allocated as provided in R.S. 27:270(A)(3)(b).

B.(1) In addition to any existing obligation to remit to the Louisiana Gaming Control Board any fees or compensation, including compensation paid to the state pursuant to the provisions of this Section, beginning on August 1, 2019, and concluding July 31, 2054, the casino operator shall annually pay to the state the sum of money set forth in Paragraph (2) of this Subsection which shall be used solely for the purpose of providing funding to the Louisiana Cancer Research Center of the LSU Health Sciences Center in New Orleans/Tulane Health Sciences Center.

(2)(a) Except as provided in Subparagraph (b) of this Paragraph, beginning on October 1, 2019, the payment required by Paragraph (1) of this Subsection shall be equal to three million four hundred thousand dollars.

(b) Beginning on August 1, 2024, the amount set forth in Subparagraph (a) of this Paragraph shall be adjusted by a rate that is the lesser of two percent or the Consumer Price Index, United States city average for all urban customers (CPI-U), as prepared by the United States Department of Labor, Bureau of Labor Statistics for the two calendar years immediately preceding the adjustment, with adjustments being made to this amount in the same manner every two years thereafter.

C. Beginning in casino fiscal year April 1, 2022 and each casino fiscal year thereafter, in addition to any existing obligation to remit to the Louisiana Gaming Control Board any fees or compensation, including compensation paid to the Louisiana Gaming Control Board pursuant to the provisions of this Section, the casino operator shall annually pay to the Louisiana Gaming Control Board an annual license payment of three million dollars, of which five hundred thousand dollars shall be deposited in and credited to the Compulsive and Problem Gaming Fund established in R.S. 28:842.

* * *§243. Requirements for casino operating contract

* * *C. As to Beginning August 1, 2019, the casino operator is authorized to

conduct the following non-casino related activities at the official gaming establishment or at another location subject to the requirements set forth in Paragraphs (1), (2), (3), and (4) of this Subsection:

(1) The casino gaming operator: may offer food and restaurant facilities at or in the vicinity of the official gaming establishment consistent with the terms of any agreement between the casino operator and the Louisiana Restaurant

Association and its successors, as such agreement may be amended from time to time.

(a) May directly offer a single restaurant facility with table food within the official gaming establishment, provided that the seating does not exceed one hundred fifty seats.

(b) May directly offer limited cafeteria style food services for employees and patrons provided that seating for patrons shall be limited to four hundred seats and further that any such seating shall be used only for buffet seating.

(c) May directly cater events within the official gaming establishment provided that such catering on the second floor of the facility shall be limited to targeted persons identified in Subparagraph (g) of this Paragraph, and provided further that the casino gaming operator shall permit persons contracting a catered event the option of using outside caterers.

(d) May lease space on the second floor of the official gaming establishment to unaffiliated third parties that shall be permitted to operate no more than two restaurants with seating for no more than three hundred fifty persons, in the aggregate.

(e) May directly operate non-casino related businesses on the second floor of the casino provided that, other than as provided in Subparagraph (c) of this Paragraph, any food for such operation shall be purchased or catered by a third party restaurateur or food preparer with purchases at fair market value.

(f) May lease space to third parties that may operate non-casino related businesses on the second floor of the official gaming establishment provided that the primary purpose of such business is not a restaurant which shall require that no more than thirty-five percent of the revenues of such business shall be derived from the sale of food.

(g) May not offer or advertise complimentary or discounted food offerings to the general public within a fifty-mile radius of the official gaming establishment and within Louisiana, but may, nonetheless, offer and advertise complimentary or discounted food offerings to: (i) a patron that is a member of a customer reward system or otherwise maintained on a data base; (ii) a known “high roller” or patrons on a junket with established play at the casino or with other casinos; (iii) a person that, based upon observed win or loss levels, is eligible to obtain discounted or full complimentary food offerings; (iv) a targeted prospective customer outside a fifty-mile radius of the official gaming establishment or not within the state, provided that no advertising of complimentary or discounted food offerings for such persons shall be disseminated to the general public such as on billboards or in the print media; (v) a person that has suffered a service error that results in complimentary or discounted food offerings to rectify the error in service; or (vi) a vendor or other person visiting the official gaming establishment for business or educational purposes. In no event shall the casino gaming operator prospect for new customers in this state and within a fifty-mile radius of the official gaming establishment through use of complimentary or discounted food offerings disseminated through any advertising media whether newspaper, television, direct mail, coupons, or billboards.

(h) May lease space to area restaurant owners and food preparers who may offer to provide for food service in a kiosk area, in the official gaming establishment provided that all seating for any kiosk area or areas shall be limited to an aggregate of one hundred seats which shall be used only for kiosk seating.

(i) May (2) The casino operator may have a meeting space for parties, VIP events, and the like but shall not rent business meeting space for business seminars and training associated with the sale or purchase of rentable units, unless such rentable units are rented at the rates established as provided in Subparagraph (C)(2)(b) (3)(b) of this Subsection.

(2)(3) The casino gaming operator, on its own or through an affiliate, shall not provide lodging, except that the casino gaming operator may own or operate offsite lodging, which may be physically connected to the official gaming establishment, subject to the following conditions: at or in the vicinity of the official gaming establishment consistent with the following conditions and any agreement between the casino operator and the Greater New Orleans Hotel and Lodging Association and its successors, as such agreement may be amended from time to time:

(a) There shall be no more than four hundred fifty rentable units, and not more than fifteen thousand square feet of meeting space if a hotel is newly constructed or twenty thousand square feet if an existing hotel is purchased or leased that contains such space, from April 1, 2001 to March 31, 2005, provided that after March 31, 2005, additional rentable units may be owned or operated with additional meeting space, only in accordance with any agreement for such increases entered into by and between the casino gaming operator and the Greater New Orleans Hotel-Motel Association and its successors, as such agreement may be amended from time to time.

(b) Except as provided in Subparagraph (c) of this Paragraph and Paragraph (4)(a) of this Subsection, the casino gaming operator shall not advertise room rates to the general public at below market rates. The casino gaming operator shall base room rates on average seasonal rates for the preceding year of hotels located in the Central Business District and French Quarter of the parish of the official gaming establishment as compiled by a nationally recognized firm that compiles data on room rates for such parish.

(c) The casino gaming operator shall not offer complimentary or discounted hotel offerings to the general public, but may, nonetheless, offer complimentary or discounted hotel offerings to: (i) a patron that is a member of the casino gaming operator’s or manager’s customer reward system or otherwise maintained on the casino gaming operator’s or manager’s data base;

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(ii) a known “high roller” or patrons on a junket with established play at the official gaming establishment or with other casinos; (iii) a person that, based upon observed win or loss levels at the casino, is eligible to a discount or full complimentary offerings; (iv) a targeted prospect outside a fifty-mile radius of the official gaming establishment, or not within the state; (v) a person that has suffered a service error that results in a complimentary rate or discount to rectify the error in service; or (vi) a vendor or other person visiting the casino for business or educational purposes.

(d) The casino gaming operator shall not advertise to the general public, which does not include those individuals specified in Items (c)(i) through (vi) of this Paragraph, complimentary or discounted hotel rates; however, the casino gaming operator may advertise rooms rented at the rates established in Subparagraph (b) of this Paragraph on billboards outside a fifty-mile radius of the official gaming establishment or on billboards outside of Louisiana. The casino gaming operator may otherwise prospect for new customers through advertising media so long as the pricing for rooms is consistent with the rate structure as set forth in Subparagraph (b) of this Paragraph.

(e)(4)(a) The casino operator is subject to the requirements of a memorandum of understanding and agreement entered into with the Greater New Orleans Hotel and Lodging Association dated April 2019, which may include an authorization to provide an agreed-upon number of additional hotel rooms at a new hotel site, and a memorandum of understanding and agreement entered into with the Louisiana Restaurant Association dated March 2018. Any action related to the enforcement of the memoranda of understanding and agreements shall be instituted in the Civil District Court for the Parish of Orleans. The Louisiana Gaming Control Board shall retain jurisdiction over the casino operator’s compliance with the provisions of this Chapter and any regulations or rules adopted by the Louisiana Gaming Control Board.

(b) Among other things, the memorandum of understanding and agreement with the Greater New Orleans Hotel and Lodging Association dated April 2019, shall provide for the following:

(i) Only for those additional rooms authorized by the memorandum of understanding and agreement dated April 2019, advertising of market rates shall be based on average seasonal rates for the preceding year of luxury hotels in the Central Business District, French Quarter, and Warehouse District of the City of New Orleans, as compiled by a nationally recognized firm.

(ii) For rooms existing prior to August 1, 2018, Room room taxes shall be paid by the casino gaming operator on all discounted and complimentary rooms to be paid at the applicable tax rates based upon average seasonal rates for the preceding year of hotels in the Central Business District, and French Quarter of the parish of the official gaming establishment City of New Orleans, as compiled by a nationally recognized firm. For those hotel rooms added after 2019 and authorized by the memorandum of understanding and agreement dated April 2019, room taxes shall be paid by the casino operator on all discounted and complimentary rooms to be paid at the applicable tax rates based upon average seasonal rates for the preceding year of luxury hotels in the Central Business District, French Quarter, and Warehouse District of the City of New Orleans, as compiled by a nationally recognized firm.

(3)(5) The casino gaming operator shall not engage in such activities as are prohibited by the casino operating contract.

* * *§247. Casino support services contract; Casino Support Services FundA. Subject to and in accordance with the provisions of this Chapter, the

gaming control board shall enter into a casino support services contract with the governing authority of the parish where the official gaming establishment is located in order to compensate the parish for the cost to the parish for providing support services resulting from the operation of the official gaming establishment and the activities therein. Support services as used in this Section shall include but not be limited to fire, police, sanitation, health, transportation, and traffic services. The amount of the contract shall be determined by negotiation and agreement between the gaming control board and the parish, subject to approval by the Joint Legislative Committee on the Budget. In the event that a new contract is not agreed upon by the gaming control board and the parish by March thirty-first of any year, the contract currently in effect shall be submitted to the Joint Legislative Committee on the Budget for approval of the amount of the contract at the next meeting of the committee. If the committee approves the amount of the contract the chairman shall notify the treasurer of the amount of the contract and, the contract shall remain in full force and effect. If the committee disapproves or does not act upon the amount of the contract, the contract shall be null, void, and of no effect and the treasurer shall be prohibited from depositing monies into the Casino Support Services Fund.

B.(1) There is hereby created in the state treasury, as a special fund, the Casino Support Services Fund, hereinafter referred to as the “fund”, to provide compensation to the parish governing authority pursuant to a casino support services contract executed pursuant to Subsection A of this Section.

(2) Monies in the fund shall be invested in the same manner as monies in the general fund. Interest earned on investment of monies in the fund shall be credited to the fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.

C. Monies in the fund shall be appropriated to the parish governing authority and used to compensate the parish for its costs for providing support services resulting from the operation of the official gaming establishment and the activities therein.

A. Beginning on August 1, 2019, and continuing throughout the term of the casino operating contract, the casino operator shall annually pay directly to the governing authority of the parish where the official gaming establishment is located, the sum of money set forth in Subsection B of this Section to compensate the parish for the cost to the parish for providing support services resulting from the operation of the official gaming establishment and activities therein.

B.(1) Except as provided in Paragraph (2) of this Subsection, beginning on August 1, 2019, the annual payment required by Subsection A of this Section shall be equal to six million dollars payable in quarterly installments.

(2) Beginning on August 1, 2024, the amount set forth in Paragraph (1) of this Subsection shall be adjusted by a rate that is the lesser of two percent or the Consumer Price Index, United States city average for all urban customers (CPI-U), as prepared by the United States Department of Labor, Bureau of Labor Statistics for the two calendar years immediately preceding the adjustment, with adjustments being made to this amount in the same manner every two years thereafter.

* * *§270. Deposit of revenues; expenditures and investments authorized;

transfer of revenues to state treasury; corporation operating account; audit of corporation books and records; audits

A.* * *

(3)(a) Daily, the corporation shall transfer to the state treasury for deposit into certain funds in the treasury, as provided in this Paragraph, the amount of net revenues which the corporation determines are surplus to its needs. After first being credited to the Bond Security and Redemption Fund in accordance with Article VII, Section 9(B) of the Constitution of Louisiana, and after satisfying any other requirements of the Constitution and laws of Louisiana, such net revenues shall be allocated and deposited as follows:

(i) In each year for which the Joint Legislative Committee on the Budget disapproves or does not act upon the amount of the casino support services contract as provided in R.S. 27:247 and no monies are deposited in and credited to the Casino Support Services Fund: provided in this Paragraph.

(b)(i) Beginning August 1, 2019, and through March 31, 2022, if the amount received pursuant to R.S. 27:241.1(A) is sixty million dollars or less, the amount received shall be allocated as follows:

(aa) Ten percent shall be deposited in and credited to the Support Education in Louisiana First Fund as provided in R.S. 17:421.7 and shall be used solely and exclusively for the same purposes provided for in Paragraph (B)(1) of that Section.

(bb) Ninety percent shall be deposited in and credited to the Support Education in Louisiana First Fund as provided in R.S. 17:421.7.

(ii) In each year for which the Joint Legislative Committee on the Budget approves the amount of the casino support services contract as provided in R.S. 27:247:

(aa) The first one million eight hundred thousand dollars shall be deposited in and credited to the Casino Support Services Fund.

(bb) The next sixty million dollars shall be deposited in and credited to the Support Education in Louisiana First Fund as provided in R.S. 17:421.7.

(cc) After satisfying the requirements of Subitems (aa) and (bb) of this Item, monies shall be deposited into the Casino Support Services Fund until the casino support services contract is fully funded for that year.

(dd) After satisfying the requirements of Subitem (cc) of this Item, the remainder of the monies shall be deposited in and credited to the Support Education in Louisiana First Fund as provided for in R.S. 17:421.7.

(ii) Beginning August 1, 2019, and through March 31, 2022, if the amount received pursuant to R.S. 27:241.1(A) is greater than sixty million dollars, after satisfaction of the requirements of Item (i) of this Subparagraph, all residual monies shall be allocated in the following order:

(aa) Three million six hundred thousand dollars shall be deposited in and credited to the Louisiana Early Childhood Education Fund established under R.S. 17:407.30.

(bb) Of the monies remaining after satisfaction of the requirements of Subitem (aa) of this Item, thirty percent shall be distributed by the state treasurer to the governing authority of the parish in which the official gaming establishment is located for use in support of capital infrastructure projects, and seventy percent shall be deposited in and credited to the Community Water Enrichment and Other Improvements Fund established under R.S. 39:100.81.

(c)(i) Beginning April 1, 2022, if the amount received pursuant to R.S. 27:241.1(A) is sixty-five million dollars or less, the amount received shall be allocated as follows:

(aa) Ten percent shall be deposited in and credited to the Support Education in Louisiana First Fund as provided in R.S. 17:421.7 and shall be used solely and exclusively for the same purposes provided for in Paragraph (B)(1) of that Section.

(bb) Ninety percent shall be deposited in and credited to the Support Education in Louisiana First Fund as provided in R.S. 17:421.7.

(ii) Beginning April 1, 2022, if the amount received pursuant to R.S. 27:241.1(A) is greater than sixty-five million dollars, after satisfaction of the requirements of Item (i) of this Subparagraph, all residual monies shall be allocated in the following order:

(aa) Three million six hundred thousand dollars shall be deposited in and credited to the Louisiana Early Childhood Education Fund established under R.S. 17:407.30.

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(bb) Of the monies remaining after satisfaction of the requirements of Subitem (aa) of this Item, thirty percent shall be distributed by the state treasurer to the governing authority of the parish in which the official gaming establishment is located for use in support of capital infrastructure projects, and seventy percent shall be deposited in and credited to the Community Water Enrichment and Other Improvements Fund established under R.S. 39:100.81.

(b)(d) Net revenues or proceeds shall be determined by deducting from gross corporation revenues the necessary expenses incurred by the corporation in the operation and administration of the casino gaming operations. This shall include the expenses of the corporation, the expenses resulting from any contract or contracts entered into for ordinary and customary business services rendered to the corporation, and the amount required to be transferred to the state treasury pursuant to Paragraph (2) of this Subsection.

* * *Section 2. Subpart P-1 of Part II-A of Chapter 1 of Subtitle I of Title 39 of

the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.81, is hereby amended and reenacted to read as follows:

SUBPART P-1. COMMUNITY WATER ENRICHMENT AND OTHER IMPROVEMENTS FUND§100.81. Community Water Enrichment and Other Improvements FundA. There is hereby created in the state treasury, as a special fund, the

Community Water Enrichment and Other Improvements Fund, hereinafter referred to as the “fund”. The fund shall consist of two accounts: the Water System Enrichment Account and the Other Improvements Account. Subject to appropriation by the legislature, monies in the fund Water System Enrichment Account shall be used solely to fund rehabilitation, improvement, and construction projects for community water systems to provide drinking water to Louisiana’s small rural communities. Subject to appropriation by the legislature, monies in the Other Improvements Account shall be used by the office of community development solely to provide for a grants program for local governments to assist with capital, infrastructure, and other projects.

B. The fund shall consist of monies deposited annually pursuant to R.S. 27:270(A)(3)(b)(ii)(bb) or (c)(ii)(bb), with fifty percent to be deposited in and credited to the Water System Enrichment Account and fifty percent to be deposited in and credited to the Other Improvements Account. Further, the fund shall also consist of any other monies appropriated, allocated, or transferred to the fund. Monies in the fund shall be invested in the same manner as monies in the state general fund. Interest earned on investment of monies in the fund shall be credited to the fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.

Section 3. On the effective date of this Act, the state treasurer shall transfer all monies in the Community Water Enrichment Fund at the close of the prior business day for a one-time deposit and credit to the Water System Enrichment Account within the Community Water Enrichment and Other Improvements Fund.


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ACT No. 172 ---

HOUSE BILL NO. 617 (Substitute for House Bill No. 589 by Representative Leger)

BY REPRESENTATIVE LEGERAn ACT

To enact Chapter 12-C of Title 33 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 33:4710.11 through 4710.30, relative to the Ernest N. Morial-New Orleans Exhibition Hall Authority; to provide relative to taxing and bonding authority of the authority; to provide duration limitations on taxes and debt; to provide relative to projects the authority is authorized to undertake; to provide for payments in lieu of taxes on certain types of developments; to provide relative to the use of revenues of the authority; to require reports to the governing authority of New Orleans; to provide for the incorporation of laws pertaining to the authority in the Louisiana Revised Statutes of 1950 and to make certain adjustments of form as are necessary for such incorporation; and to provide for related matters.Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.

Be it enacted by the Legislature of Louisiana:Section 1. Chapter 12-C of Title 33 of the Louisiana Revised Statutes of 1950,

comprised of R.S. 33:4710.11 through 4710.30, is hereby enacted to read as follows:

CHAPTER 12-C. ERNEST N. MORIAL-NEW ORLEANSEXHIBITION HALL AUTHORITY§4710.11. CreationA. There is hereby created the Ernest N. Morial-New Orleans Exhibition

Hall Authority, hereafter in this Chapter referred to as the “authority”, which is created as a body politic and corporate and political subdivision of the state. The territorial limits and territorial jurisdiction of the authority shall be the entire parish of Orleans, including but not limited to the Ernest N. Morial Convention Center-New Orleans.

B. The domicile of the authority shall be in the city of New Orleans, Louisiana.

C. The purpose for which the authority is created is to acquire, construct, reconstruct, extend, improve, maintain, and operate projects within the city of New Orleans, subject to the zoning and other applicable ordinances of the city of New Orleans, except as to the Poydras Street Wharf and other properties under the administration of the board of commissioners of the Port of New Orleans, in order to promote the economic growth and development of the city and its neighboring parishes.

D.(1) As used in this Chapter, the word “project” or “projects” means one or more of any combination of convention, exhibition, and tourist facilities, including a convention center hotel with a multi-story parking garage and bridge connecting the hotel and the south end of the convention center, the “Convention Center Headquarters Hotel Project”, and the necessary land, acquired by lease or purchase, site improvements, infrastructure, furnishings, machinery, equipment, and appurtenances for any such facility.

(2) The authority may utilize its tax revenues, other income, and other revenues for the costs of the design, development, construction, furnishing, and equipping of the Convention Center Headquarters Hotel Project, as provided in and pursuant to any contract described in this Section or as provided in and pursuant to a cooperative endeavor agreement.

(3) Any lease with respect to the Convention Center Headquarters Hotel Project shall provide for a payment in lieu of ad valorem taxes by the lessee thereof during the term of such lease; such payment shall be calculated based on the number of rooms in the Convention Center Headquarters Hotel Project, multiplied by the average per-room tax assessment for the prior year of the three hotels that have the highest number of rooms, that are not the subject of any ad valorem tax exemption, abatement, or other reduction, and that are located within the area of downtown New Orleans bounded on the east by Iberville Street, on the west by Calliope Street, on the north by Claiborne Avenue, and on the south by the Mississippi River, the “base rate”. Such payments shall be in the amounts as follows:

(a) Beginning in the first calendar year after the hotel is open to the public, a payment equal to forty-five percent of the base rate.

(b) In the second calendar year after the hotel is open to the public, a payment equal to sixty-five percent of the base rate.

(c) In the third calendar year after the hotel is open to the public, a payment equal to eighty-five percent of the base rate.

(d) In the fourth calendar year after the hotel is open to the public and thereafter, a payment equal to one hundred percent of the base rate.

(4) In connection with any development by the authority, other than with respect to the Convention Center Headquarters Hotel Project, that constitutes or includes a joint project involving a private entity, whether through a lease or other public-private partnership structure, on land owned by the authority or any other tax exempt entity, the authority shall use reasonable efforts to require, in the contract of lease or other agreement, that the private entity pay ad valorem taxes on any improvements constructed in connection with such development and a payment for the applicable property calculated and paid as set forth in this Paragraph. However, in the absence of provision for such payment, the contract of lease or other agreement shall provide for an annual payment in lieu of ad valorem taxes by the private entity during the term of such lease or other agreement, such payment to be in an amount equal to the amount of ad valorem taxes which the private entity would have been obligated to pay had it been the owner of the property and improvements during the term of such lease or other agreement. The amount of each annual payment in lieu of taxes shall be the applicable ad valorem tax rate applied against the assessed value of the property and improvements, as determined by the parish assessor; however, if the parish assessor fails or refuses to determine the assessed value of the property and improvements, the amount of each annual payment in lieu of taxes shall be the applicable ad valorem tax rate applied against the appraised value of the property and improvements, as determined by a Member Appraisal Institute appraiser retained by the authority.

(5) Any payment in lieu of ad valorem taxes as provided by this Subsection shall be paid to the local taxing authorities, through the normal collecting agency, and, to the extent they do not in the aggregate exceed the amount of ad valorem taxes that would be paid if the lessee were the owner, shall constitute statutory impositions within the meaning of R.S. 47:2128.

§4710.12. Board of commissionersA. The authority shall be governed by a board of commissioners, hereafter

in this Chapter referred to as the “board”, composed of twelve members appointed as follows:

(1) The governor shall appoint:(a) Three members at large.(b) One member from a list of three names submitted by the Louisiana

Restaurant Association, Greater New Orleans Chapter.(c) Two members who reside within the territorial limits of the authority.(d) One member from a list of three names submitted by the Greater New

Orleans Hotel and Lodging Association.(e) One member who is a resident of the legislative district in which the

Ernest N. Morial Convention Center-New Orleans is located and who is selected by the state representative and state senator from that district.

(2) The mayor of the city of New Orleans, with the consent of the governing authority of the city of New Orleans, shall appoint:

(a) One member at large.(b) One member from a list of three names submitted by New Orleans &

THE ADVOCATEPAGE 40


Company, formerly the New Orleans Convention and Visitors Bureau.(c) One member from a list of three names submitted by the Chamber-New

Orleans and the River Region.(3) From the names remaining on the lists from the various nominating

organizations, the governor shall select and appoint one member who shall also serve as the board’s president.

B. Each person appointed to the board shall be a resident of or have his principal place of business in the parish of Orleans.

C. The members of the board who are appointed by the governor shall serve at the pleasure of the governor. The term of a member of the board appointed by the mayor, except a member appointed to fill an unexpired term, is four years.

D. Each gubernatorial appointment shall be submitted to the Senate for confirmation.

E. As soon as practicable after their appointment, the members shall meet at the domicile and elect from their number a vice president and such other officers as may be considered appropriate. The secretary and treasurer of the board, which offices may be combined, may be selected by the board from among the members or may be otherwise selected by the board.

F. The board shall adopt such rules and regulations as it deems necessary for its own government.

G. Seven members of the board shall constitute a quorum for the transaction of business.

H. The board shall keep a record of all of its proceedings, and it shall designate one newspaper of general circulation in the parish of Orleans as its official journal in which an extract of the minutes of such proceedings shall be published.

§4710.13. Powers and dutiesThe authority shall have all the powers and authority necessary or

convenient to carry out the purposes of this Chapter including but not limited to the following powers and authority:

(1) To employ such officers, employees, and agents as it deems necessary for the performance of its powers and duties and fix the compensation of such officers, employees, and agents.

(2) To acquire, construct, reconstruct, extend, improve, maintain, and operate projects located or to be located in the parish of Orleans.

(3) To acquire, whether by sale, exchange, lease, or otherwise, title to or rights and interests in immovable property within the parish of Orleans, including leasehold interests, required to implement the purposes of this Chapter. In connection with any exchange of property in which the authority may engage, the property acquired by the authority and the property given up by the authority shall each have a value to the authority that is approximately equal, with any difference to be paid in cash. The term “value to the authority” shall include any and all factors reflecting a benefit to the authority and shall include without limitation proximity of a property to other property owned by the authority, increased efficiency of operations of the authority afforded by a property, and resolution of any claims against or potential liabilities of the authority achieved by any aspect of the exchange.

(4) To enter into contracts with any person, firm, or corporation, public or private, including the state of Louisiana or any department, agency, or political subdivision thereof, on such terms and conditions as the board may determine, with respect to the acquisition, construction, reconstruction, extension, improvement, maintenance, or operation of projects or the furnishing or distribution of the services, facilities, or commodities thereof, including but not limited to the leasing or subleasing for allied services such as hotels, restaurants, retail outlets, offices, parking, entertainment, and similar activities. Any lease or sublease of the authority, or both, to an exhibition or convention user, or both, including any assignment thereof, any lease or sublease or extensions or renewals thereof, including any assignments thereof, for allied services such as hotels, restaurants, retail outlets, offices, and entertainment, are exempt from the provisions of R.S. 38:2211 et seq., and any other provision of law with respect to the purchase or lease of property by public entities; all other contracts, leases or subleases, or both, including any assignment thereof, shall be entered into in accordance with the provisions of R.S. 38:2211 et seq.

(5) To enter into contracts with any person, firm, or corporation, public or private, including the state of Louisiana or any department, agency, or political subdivision thereof, on such terms and conditions as the board may determine, with respect to the use, lease, or sublease of project facilities and services for convention or exhibition purposes or any other purpose authorized by this Chapter. No provision of this Chapter is intended or shall be construed to authorize or permit the state of Louisiana or any of its departments or agencies to enter into any contract or agreement under which the state of Louisiana or any of its departments or agencies will assume responsibility for any indebtedness of the authority or for the management, operation, or maintenance of any facility or project; however, this prohibition shall not extend to or affect the agreement between the board of commissioners of the Port of New Orleans and International Rivercenter entered into on April 24, 1974, as amended, or any transferee, purchaser, or assignee of any interest in the agreement, whether in whole or in part, notwithstanding any provision of law or this Chapter to the contrary.

(6) Except as limited by the terms and conditions of the lease covering and affecting the Poydras Street Wharf, to establish, maintain, revise, charge, and collect such rates, fees, rentals, or other charges for the use, services, facilities, and commodities of or furnished by any project and to provide methods of collection of and civil penalties for nonpayment of such rates,

fees, rentals, or other charges.(7) To incur debt and issue bonds or other obligations for the purpose of the

authority in the manner provided by this Chapter.(8) To pledge to the payment of its bonds or other obligations and interest

thereon the avails or proceeds of the hotel occupancy taxes authorized by this Chapter and other income and revenues of the authority derived from any source, including without limitation any and all taxes, fees, and charges authorized by this Chapter and revenues derived from one or more projects or expansion projects and leases and agreements securing the payment of bonds.

(9) To levy and collect taxes in the manner provided in this Chapter.(10) Except as limited by the terms and conditions of the lease covering

and affecting the Poydras Street Wharf and subject to the rights, powers, and jurisdiction of the board of commissioners of the Port of New Orleans, to make and enforce rules and regulations governing the use, maintenance, and operation of projects.

(11) To accept donations, gifts, and grants of movable or immovable property for the acquisition, construction, reconstruction, extension, improvement, maintenance, or operation of any project and to make and perform such agreements or contracts as necessary or convenient in connection with the procuring or acceptance of such donations, gifts, and grants. Such donations, gifts, and grants shall be the sole property of the authority.

(12) To accept loans, grants, or contributions from and to enter into contracts and cooperate with the United States of America, the state, and any agency or subdivision thereof with respect to any project in accordance with law.

(13) Except as limited by the terms and conditions of the lease covering and affecting the Poydras Street Wharf, to lease or sublease to or from any person, firm, or corporation, public or private, all or any part of any project upon such terms and conditions and for such term of years, not in excess of sixty years, as the board deems advisable to carry out the provisions of this Chapter and to provide, if deemed advisable by the board, for an option to purchase or otherwise lawfully acquire such project upon the terms and conditions therein specified. Any lease or sublease, or both, of the authority to an exhibition or convention user or to facilitate the private development and funding of lodging facilities, including any assignments thereof, any lease or sublease or extension or renewal thereof, including any assignments thereof, for allied services such as hotels, restaurants, retail outlets, offices, and entertainment, are exempt from the provisions of R.S. 38:2211 et seq., and any other provision of law with respect to the purchase or lease of property by public entities; all other contracts, leases or subleases, or both, of the authority, including any assignment thereof, shall be entered into in accordance with the provisions of R.S. 38:2211 et seq.

(14) To execute such instruments and agreements and do all things necessary or convenient in the exercise of the powers granted by this Chapter or in the performance of the covenants or duties of the authority or to secure the payment of its bonds.

(15) To contract, upon such terms as it may agree upon, for financial, engineering, legal, and other professional services necessary or expedient in the conduct of its affairs.

(16) For consideration, to dispose of property by sale, exchange, lease, or otherwise in order to implement the purposes of this Chapter. In connection with any exchange of property in which the authority may engage, the property acquired by the authority and the property given up by the authority shall each have a value to the authority that is approximately equal, with any difference to be paid in cash. The term “value to the authority” shall include without limitation proximity of a property to other property owned by the authority, increased efficiency of operations of the authority afforded by a property, and resolution of any claims against or potential liabilities of the authority achieved by any aspect of the exchange.

(17) To enter into a contract or contracts with the city of New Orleans, pursuant to which the authority may assume the management, operation, and maintenance of any exhibition center or convention hall and responsibility for any obligation or indebtedness incurred for the construction thereof and pay out of revenues of the authority available for such purpose the expense thereof.

(18) To acquire by lease from the state of Louisiana or any department, board, commission, agency, or political subdivision thereof, including the city of New Orleans, sites for any of its projects upon such terms and conditions as the board may determine. Any such lease is exempt from provisions of law with respect to the lease of property by public entities and in particular the provisions of Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950.

§4710.14. RivercenterA.(1) In addition to the authority and powers granted it in R.S. 33:4710.13,

the authority may, subject to the approval and consent of the holder or holders of any mortgage or other lien or encumbrance affecting same, purchase from International Rivercenter or its successor, hereafter in this Section referred to as “Rivercenter”, an ordinary Louisiana partnership in commendam organized by Articles of Partnership entered into on the 25th day of September, 1973, and duly recorded in the office of the Recorder of Mortgages for the parish of Orleans, state of Louisiana, in Book 1218J2, Folio 242, on the 27th day of September, 1973, as amended, all of Rivercenter’s right, title, and interest in and to and assume all obligations of Rivercenter arising out of the lease covering and affecting certain areas of the public wharf known as the Poydras Street Wharf, located generally at the foot of Poydras Street on the east or left descending bank of the Mississippi River, in the city of New Orleans, Louisiana, which areas are leased by Rivercenter

THE ADVOCATEPAGE 41


under an agreement between the board of commissioners of the Port of New Orleans and International Rivercenter made and entered into on the 24th day of April, 1974, as amended, and purchase all of the improvements owned by Rivercenter located thereon and to keep and maintain same subject to the terms and conditions of the lease. The dollar amount to be paid by the authority for leasehold interest and improvements and facilities shall not exceed the actual cost incurred by Rivercenter in connection with such leasing and the construction of the improvements and facilities thereon. Actual cost as used in this Paragraph means the following: costs paid or incurred by Rivercenter in connection with the obtaining of the lease and the acquisition and construction of the improvements and facilities located on the leased premises; architects’ and engineers’ fees; the cost of surveys, investigations, licenses, permits, testing, and site preparation; the cost of removing and relocating structures, utilities, and railroad tracks; demolition costs; leasing commissions and fees; professional consultants’ fees; development fees; lease rental payments; legal, financing, and accounting expenses and fees; loan service fees; interest and interest standby fees; and all other items of expenses incident and properly allocable to the obtaining of the lease and the construction of the improvements and facilities on the leased premises and placing the same in operation. The actual cost incurred by Rivercenter shall be verified by independent certified public accountants retained by the authority. The purchase price may be paid entirely in cash, in installments over a period of years with interest to be payable on the unpaid principal installments at a rate fixed by the authority with the approval of the State Bond Commission, or by a combination of the foregoing or, by a mutual agreement, all or a portion of the purchase price may be paid in bonds issued by the authority.

(2) Notwithstanding anything in this Section to the contrary, the amount to be paid by the authority for the leasehold interest and improvements and facilities shall not exceed six million dollars. However, if the transfer of Rivercenter’s rights and interest in the wharf occurs subsequent to September 1, 1978, the sum of six million dollars may be increased by the costs incurred by Rivercenter from September 1, 1978, to the date of the closing of the transaction. The “costs incurred by Rivercenter from September 1, 1978, to the date of the closing of the transaction” means rental, interest on six million dollars paid by Rivercenter, maintenance costs and other actual charges incurred during this period, and any capital costs for improvement of the wharf as an exhibition center. Neither the provisions of R.S. 38:2211 et seq., nor any other provisions of general law with respect to the purchase or leasing of property by public entities shall be applicable to such purchase and assumption of obligations.

B. In furtherance of Subsection A of this Section, the board of commissioners of the Port of New Orleans shall give its consent to the purchase by the authority of all of the right, title, and interests of Rivercenter in and to and the assumption by the authority of all of the obligations of Rivercenter arising under the lease covering and affecting certain areas of the Poydras Street Wharf, to the purchase by the authority of all the improvements owned by Rivercenter located thereon, and, for the duration of the lease and subject to the terms and conditions of the lease, to the construction, maintenance, and operation by the authority on the leased premises, of convention, exhibition, and tourist facilities, except that the construction, maintenance, and operation of such facilities shall not infringe upon, impair, or diminish the operation or maintenance of the passenger terminal or those areas devoted, intended, or required for use for passenger terminal operations and other purposes and activities required by the lease and shall not infringe upon, impair, or interfere with access to or egress from operations on sections of the Poydras and Canal Street Wharves not covered by the lease except with the prior approval of the board of commissioners of the Port of New Orleans. The board and the authority shall cooperate and coordinate to assure that authorized users shall have suitable ingress and egress to the facilities of the port. If the authority defaults in the performance of the obligations imposed by the lease, the board of commissioners of the Port of New Orleans may enforce its rights under the lease by conventional means in any court of competent jurisdiction, as provided in the lease.

§4710.15. Hotel occupancy taxA.(1)(a) In order to provide funds for the purposes of the authority, the

authority may levy and collect a tax upon the occupancy of hotel rooms located within the parish of Orleans. The tax shall be in the amount of one percent of the rent or fee charged for such occupancy. The tax shall be in addition to all taxation upon the occupancy of hotel rooms located in the parish of Orleans.

(b) The word “hotel” as used in this Chapter means and includes any establishment that is engaged in the business of furnishing or providing rooms intended or designed for dwelling, lodging, or sleeping purposes to transient guests and that consists of ten or more guest rooms. “Hotel” does not include any hospital, convalescent or nursing home or sanitarium, or hotel-like facility operated by or in connection with a hospital or medical clinic providing rooms exclusively for patients and their families.

(c) The tax shall be paid by the person who exercises or is entitled to occupancy of the hotel room and shall be paid at the time the rent or fee for occupancy is paid. “Person” as used in this Chapter shall have the same definition as that contained in R.S. 47:301(8).

(d) The tax shall not apply to the rent for a hotel room rented to the same occupant for a period of thirty or more consecutive calendar days, nor shall it apply to hotel rooms rented for less than three dollars a day.

(2) The authority shall impose the tax by resolution adopted by the board, which may provide in the resolution necessary and appropriate rules and

regulations for the imposition, collection, and enforcement of the tax. The resolution levying and imposing the hotel occupancy tax may not be adopted by the board and no immovable property or leasehold interest may be acquired and no obligation to acquire any immovable property or leasehold interest may be incurred by the authority unless prior thereto the governing authority of the city of New Orleans approves the levy of such tax by a favorable vote of a majority of the members thereof and the question of or proposition to authorize the levy of the tax and the funding of avails thereof into bonds is submitted to the electors of the city at an election called, conducted, canvassed, and promulgated by the governing authority of the city, in accordance with the laws of Louisiana governing the conduct of elections, to authorize the issuance of bonds and the levying of taxes, and a majority of those electors voting in such election have voted in favor of the question or proposition to impose the tax and fund the avails thereof into bonds.

(3) The authority may contract with the state of Louisiana or the city for the collection of the tax, which tax may be collected in the same manner and subject to the same conditions as the hotel occupancy tax being imposed by the Louisiana Stadium and Exposition District on hotels located in the city of New Orleans.

B.(1) Notwithstanding any other provision of this Chapter or other law to the contrary, in order to provide funds for the purposes of the authority, the authority may levy and collect a tax upon the occupancy of hotel rooms located within the parish of Orleans. The tax shall be in the amount of one percent of the rent or fee charged for such occupancy. The tax authorized by this Subsection shall be levied and collected in lieu of the tax authorized by Subsection A of this Section, and at no time shall the authority collect taxes pursuant to both authorizations. The proceeds of the tax levied pursuant to this Subsection are subject to any and all pledges of the proceeds of the tax authorized by Subsection A of this Section.

(2) The authority shall impose the tax by resolution adopted by the board, which may provide in the resolution necessary and appropriate rules and regulations for the imposition, collection, and enforcement of the tax.

(3) The proceeds of the tax, after paying reasonable and necessary costs and expenses of collecting and administering the tax, shall be used for the purposes of providing funds to acquire, construct, reconstruct, extend, improve, maintain, and operate convention, exhibition, and tourist facilities and projects within the parish of Orleans in order to promote the economic growth and development of the parish. The authority may fund the proceeds of the tax into bonds to be issued in series from time to time by the authority for the purpose of defraying the costs of the acquisition, construction, reconstruction, extension, or improvement of any one or more or any combination of convention, exhibition, and tourist facilities and projects, and the necessary furnishings, machinery, equipment, and appurtenances thereof, to the extent and in the manner permitted by the laws of this state, including particularly this Chapter.

(4) The authority may contract with the state of Louisiana or the city, or both, for the collection of the tax, which tax may be collected in the same manner and subject to the same conditions as the hotel occupancy tax now being imposed by the Louisiana Stadium and Exposition District on hotels located in the city of New Orleans.

(5) The authority to levy and collect the tax authorized by this Subsection shall terminate upon payment in full of all bonds or other similar debt obligations of the authority payable in whole or in part from or secured by such tax and issued before July 1, 2029.

§4710.15.1. Additional hotel tax authorizedA. In addition to the tax authorized by R.S. 33:4710.15, the authority may levy

and collect an additional tax on the occupancy of hotel rooms located within the parish of Orleans. The tax shall be in the amount of one percent of the rent or fee charged for such occupancy and shall be in addition to all taxation upon the occupancy of hotel rooms located in the parish of Orleans. The tax shall be levied and collected in the same manner, according to the same procedures, and upon the same terms and conditions, including the approval of the governing authority of the city of New Orleans and the electorate of the city, as required for the imposition of the tax authorized by R.S. 33:4710.15(A). The authority to levy and collect the tax authorized in this Subsection shall terminate upon payment in full of all bonds or other similar debt obligations of the authority payable in whole or in part from or secured by such tax and issued before July 1, 2029.

B.(1) Notwithstanding any other provision of this Chapter or other law to the contrary, in addition to the hotel occupancy tax authorized by R.S. 33:4710.15, the authority may levy and collect a tax on the occupancy of hotel rooms located within the parish of Orleans. The tax shall be in the amount of one percent of the rent or fee charged for such occupancy and shall be in addition to all taxation upon the occupancy of hotel rooms located in the parish of Orleans. The tax authorized by this Subsection shall be levied and collected in lieu of the tax authorized by Subsection A of this Section, and at no time shall the authority collect taxes pursuant to both authorizations. The proceeds of the tax levied pursuant to this Subsection are subject to any and all pledges of the proceeds of the tax authorized by Subsection A of this Section to the outstanding bonds of the authority.

(2) The authority shall impose the tax by resolution of the board which may provide in the resolution necessary and appropriate rules and regulations for the imposition, collection, and enforcement of the tax.

(3) The proceeds of the tax, after paying reasonable and necessary costs and expenses of collecting and administering the tax, shall be used for the purposes of providing funds to acquire, construct, reconstruct, extend,

THE ADVOCATEPAGE 42


improve, maintain, and operate convention, exhibition, and tourist facilities, and projects within the city of New Orleans in order to promote the economic growth and development of the city, and the authority may fund the proceeds of the tax into bonds to be issued in series from time to time by the authority for the purpose of defraying the costs of the acquisition, construction, reconstruction, extension, or improvement of any one or more or any combination of convention, exhibition, and tourist facilities and projects and the necessary furnishings, machinery, equipment, and appurtenances therefor, to the extent and in the manner permitted by the laws of this state, including particularly this Act.

(4) The authority to levy and collect the tax specified in this Subsection shall terminate upon payment in full of all bonds or other similar debt obligations of the authority payable in whole or in part from or secured by such tax and issued before July 1, 2029.

§4710.15.2. Additional hotel occupancy tax authorizedA.(1)(a) In addition to the hotel occupancy taxes authorized to be levied

and collected by the authority pursuant to R.S. 33:4710.15 and 4710.15.1, the authority may levy and collect a tax upon the paid occupancy of hotel rooms located within the parish of Orleans. The hotel occupancy tax shall be in the amount of fifty cents per occupied hotel room per night for hotels containing ten to two hundred ninety-nine guest rooms, one dollar per occupied hotel room per night for hotels containing three hundred to nine hundred ninety-nine guest rooms, and two dollars per occupied hotel room per night for hotels containing one thousand or more guest rooms.

(b) The tax shall be levied and collected in the same manner, according to the same procedures, and upon the same terms and conditions, including the approval of the governing authority of the city of New Orleans and the electorate of the city, as required for the imposition of the tax by R.S. 33:4710.15(A).

(2) The authority to levy and collect the hotel occupancy tax shall terminate upon payment in full of all bonds or other similar debt obligations of the authority payable in whole or in part from or secured by such tax.

B.(1) Notwithstanding any other provision of this Chapter or other law to the contrary, in addition to hotel occupancy taxes authorized by R.S. 33:4710.15 and 33:4710.15.1, the authority may levy and collect a tax upon the paid occupancy of hotel rooms located within the parish of Orleans. The hotel occupancy tax shall be in the amount of fifty cents per occupied hotel room per night for hotels containing ten to two hundred ninety-nine guest rooms, one dollar per occupied hotel room per night for hotels containing three hundred to nine hundred ninety-nine guest rooms, and two dollars per occupied hotel room per night for hotels containing one thousand or more guest rooms. The tax authorized by this Subsection shall be levied and collected in lieu of the tax authorized by Subsection A of this Section, and at no time shall the authority collect taxes pursuant to both authorizations. The proceeds of the tax levied pursuant to this Subsection are subject to any and all pledges of the proceeds of the tax authorized by Subsection A of this Section to the outstanding bonds of the authority.

(2) The authority shall impose the tax by resolution adopted by the board which may provide in the resolution necessary and appropriate rules and regulations for the imposition, collection, and enforcement of the tax.

(3) The proceeds of the tax, after paying the reasonable and necessary costs and expenses of collecting and administering the tax, shall be used for the purposes of providing funds to expand and improve the convention, exhibition, and tourist facilities and projects and the necessary furnishings, machinery, equipment, and appurtenances therefor, including the acquisition of land through lease or purchase needed therefor; and the authority may fund the proceeds of the tax into bonds or other obligations of the authority for the purposes described in this Subsection, to the extent and in the manner permitted by this Chapter.

(4) The authority may contract with the state of Louisiana or the city of New Orleans, or both, for the collection of the hotel occupancy tax authorized by this Subsection. The hotel occupancy tax shall be in addition to all taxes being levied upon the occupancy of hotel rooms located in the parish of Orleans.

(5) The authority to levy and collect the tax specified in this Subsection shall terminate upon payment in full of all bonds or other similar debt obligations of the authority payable in whole or in part from or secured by such tax and issued before July 1, 2029.

§4710.16. Use of revenuesPrior to the issuance of bonds pursuant to this Chapter, any revenue of the

authority derived from any source whatsoever may be used by the authority for the payment of the administrative and operating expenses of the board and for the payment of any expenses incurred in determining the feasibility of a project or projects and developing plans therefor, including engineering, architectural, legal, and administrative costs and fees incidental thereto. Any revenue of the authority remaining at the end of each fiscal year prior to the issuance of bonds and after the payment of such expenses shall be considered surplus and may, in the sole discretion of the authority, be distributed by the authority to the city of New Orleans or retained by authority for utilization on future expenses, capital expenditures, or costs reasonably anticipated to be incurred.

§4710.17. BondsA. The authority may, from time to time, with the approval of the State Bond

Commission, issue negotiable bonds in one or more series in such principal amount as it deems necessary to provide for the acquisition, construction, reconstruction, extension, or improvement of one or more projects, including

engineering, architectural, inspection, legal, and financial fees and costs, interest on such bonds during construction and for a reasonable period thereafter, establishment of reserves to secure such bonds, and all other expenditures of the authority incidental or necessary or convenient thereto. The annual payments due on bonds of the authority for principal, interest, premium, or otherwise shall not exceed the estimated annual revenues of the hotel occupancy taxes authorized by this Chapter and other income and revenues of the authority derived from any source whatsoever, including without limitation any and all taxes, fees, and charges authorized by this Chapter and revenues derived from one or more projects or expansion projects and leases and agreements securing the payment of bonds. Such bonds shall be authorized and issued by a resolution of the board of the authority and shall be of such series, bear such date or dates, be serial or term bonds, or a combination thereof, mature at such time or times, bear interest at such rate or rates payable on such date or dates, be in such denominations, be in such form, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption, and be secured in such manner consistent with the authority contained in this Section as the resolution authorizing such bonds may provide.

B. The bonds shall be executed in the name of the authority by the manual or facsimile signature of such officer or officers of the board as may be designated in the resolution or other instrument providing for their issuance. If any officer whose manual or facsimile signature appears on any bond ceases to be such officer before the delivery of such bonds, such signature nevertheless shall be valid and sufficient for all purposes as if he had remained in office until such delivery. The resolution or trust instrument may provide for authentication of the bonds by the trustee or fiscal agent thereunder.

C. All bonds issued by the authority shall be sold in such manner and for such prices as the board may determine.

D. The board may, in any resolution authorizing the issuance of such bonds, enter into such covenants with the future holder or holders of the bonds as to the management and operation of projects, the lease or rental thereof, the imposition and collection of fees and charges for services and facilities furnished by the authority, the disposition of such fees and revenues, the issuance of future bonds and the creation of future liens and encumbrances against the projects and the revenues therefrom, the carrying of insurance on the project facilities, the keeping of books and records, and other pertinent matters as may be deemed proper by the board to assure the marketability of the bonds.

E. Any holder of the bonds may by appropriate legal action compel performance of all duties required of the authority and its officials and the board by this Chapter.

F. If any bond issued under this provision of this Chapter and secured by the revenue or revenues of a project or projects is permitted to go into default as to principal or interest, any court of competent jurisdiction may, pursuant to the application of the holder of the bond, appoint a receiver for such project or projects, which receiver shall be under the duty of operating the project or projects and collecting the revenues pledged to the payment of the bonds, pursuant to the provisions of this Chapter and the resolution authorizing the bonds.

G. Bonds may, in the discretion of the board, be additionally secured by conventional mortgage on all or any part of the properties or facilities acquired, constructed, extended, or improved with the proceeds thereof, and the board shall have full discretion to make such provisions as it may see fit for the making and enforcement of such mortgage and the provisions to be therein contained.

H. The board may provide by resolution for the issuance of refunding bonds of the authority for the purpose of refunding outstanding bonds of the authority issued pursuant to the provisions of this Chapter, such refunding bonds to be issued pursuant to the provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950 or pursuant to the Consolidated Local Government Public Finance Act.

I. Any bonds issued pursuant to this Section and the income therefrom are exempt from taxation by this state or any political subdivision thereof.

J. Every resolution authorizing the issuance of bonds of the authority shall be published at least once in the official journal of the authority. For thirty days after the date of publication, any person in interest may contest the legality of the resolution and of any provision therein made for the security and payment of the bonds. After that time, no one shall have any cause of action to test the regularity, formality, legality, or effectiveness of the resolution and provisions thereof for any cause. Thereafter, it shall be conclusively presumed that every legal requirement for the issuance of the bonds has been complied with. No court shall have authority to inquire into any of these matters after the thirty days.

K. If the authority has issued bonds secured by hotel occupancy taxes, food and beverage taxes, or other taxes, fees, or charges authorized by this Chapter, neither the legislature nor the authority shall discontinue or decrease such taxes, fees, or charges or permit to be discontinued or decreased such taxes, fees, or charges in anticipation of the collection of which such bonds have been issued, or in any way make any change in the allocation and dedication of the proceeds of such taxes, fees, or charges which would diminish the amount of such taxes, fees, or charges to be received by the authority until all of such bonds have been retired as to principal and interest or irrevocable provision made for the payment of principal and interest on such bonds, and there is hereby vested in the holders from time to time of such bonds a

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contractual right under the provisions of this Chapter.§4710.17.1. Additional authority to issue bondsA. Without reference to any other provision of the Constitution of Louisiana

or of the laws of Louisiana and as a grant of power in addition to the authority to issue bonds contained in R.S. 33:4710.17 and to carry out the purposes of this Chapter, the authority may, from time to time, with the approval of the State Bond Commission, issue negotiable bonds in one or more series for the purpose of providing funds to finance an expansion project or projects, including engineering, architectural, inspection, legal, and financial fees and costs, interest on such bonds during construction and for a reasonable period thereafter, establishment of reserves to secure such bonds, all costs associated with the issuance of such bonds, including credit enhancement, derivative products, underwriter’s discount, and funding of accounts, if any, required by the terms of the resolution or trust indenture authorizing their issuance, and all other expenditures of the authority incidental or necessary or convenient thereto. Such bonds shall be authorized and issued by a resolution or resolutions of the board and shall be of such series, bear such date or dates, be of such type, mature at such time or times, bear interest at such rate or rates payable on such date or dates, be in such denominations, be in such form, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption, and be secured in such manner consistent with the authority contained in this Section as the resolution authorizing such bonds may provide. Payment of the bonds authorized by this Section may be secured by a pledge of the avails or proceeds of the hotel occupancy taxes and food and beverage tax authorized by this Chapter, such other taxes, fees, and charges authorized by this Chapter, and any other income and revenue of the authority as may be determined by the board and as authorized or permitted by law. The word “bonds” as used in this Section means and includes bonds, notes, certificates of indebtedness, or other evidence of indebtedness for the repayment of borrowed money.

B. Bonds issued pursuant to this Section also may be secured by a trust agreement by and between the authority and one or more corporate trustees or fiscal agents, which may be any trust company or bank having the powers of a trust company within or without this state.

C. All bonds issued by the authority shall be sold in such manner and for such prices as the board may determine.

D. The board may, in any resolution authorizing the issuance of such bonds, enter into such covenants with the future owner or owners of the bonds as to the management and operation of expansion projects, the lease or rental thereof, the imposition and collection of fees and charges for services and facilities furnished by the authority, the disposition of such fees and revenues, the issuance of future bonds and the creation of future liens and encumbrances against the expansion projects and the revenues therefrom, the carrying of insurance on the expansion projects, the keeping of books and records, and other pertinent matters, including the appointment of a receiver in the event of default, as may be deemed proper by the board to assure the marketability of the bonds.

E. Any bonds may, in the discretion of the board, be additionally secured by a conventional mortgage on all or any part of the properties or facilities acquired, constructed, extended, or improved with the proceeds thereof, and the board shall have full discretion to make such provisions as it may see fit for the making and enforcement of such mortgage and the provisions to be therein contained.

F. The board may issue refunding bonds of the authority for the purpose of refunding outstanding bonds issued pursuant to the provisions of this Section in accordance with Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950 or the Consolidated Local Government Public Finance Act.

G. Any pledge of taxes, fees and charges, revenues, securities, and other monies made by the authority pursuant to this Section shall be valid and binding from time to time when the pledge is made. Such taxes, fees and charges, revenues, securities, and other monies so pledged and then held or thereafter received by the authority or any fiduciary shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, whether or not such parties have notice thereof. The instrument by which such a pledge is created need not be filed or recorded except in the official minutes of the authority.

H. The bonds shall be executed in the name of the authority in the manner provided in the resolution authorizing the issuance of such bonds.

I. Pending the preparation of definitive bonds, the authority may issue interim receipts or temporary bonds, exchangeable for definitive bonds when such bonds have been executed and are available for delivery.

J. No member of the board or of the authority or any person executing such bonds shall be liable personally on such bonds.

K. All bonds issued pursuant to this Section are negotiable instruments within the meaning of and for all purposes of the negotiable instruments law of Louisiana, subject only to the provisions of bonds for registration.

L. All bonds and the income therefrom are exempt from all taxation by this state or any political subdivision thereof. The bonds shall be legal and authorized investments for banks, savings banks, insurance companies, homestead and building and loan associations, trustees, and other fiduciaries and may be used for deposit with any officer, board, municipality, or other political subdivision of the state of Louisiana, in any case where deposit or security is required.

M. When any bonds secured in whole or in part by any taxes, fees, or charges authorized by this Chapter have been issued, neither the legislature nor the authority shall discontinue or decrease the applicable taxes, fees, or charges, or permit to be discontinued or decreased the applicable taxes, fees, or charges in anticipation of the collection of which such bonds have been issued, or in any way make any change in the allocation and dedication of the proceeds of such taxes, fees, or charges which would diminish the amount of the revenues to be received therefrom by the authority until all of such bonds have been retired as to principal and interest or irrevocable provision is made for the payment of principal and interest on such bonds.

N. The bonds and the interest thereon shall not be considered a debt of the state or any political subdivision thereof within the meaning of the constitution or the statutes of the state and shall not constitute a charge against the credit or taxing power of the state or any other political subdivision thereof. Neither the state nor any other political subdivision thereof shall in any manner be liable for the payment of the principal, interest or premium, sinking or reserve fund requirements, or other requirements of the bonds or for the performance of any agreement or pledge of any kind which may be undertaken by the authority.

O. The powers and rights conferred by this Section shall be in addition and supplemental to the powers and rights conferred by any other general or special law. This Section does and shall be construed to provide a complete and additional method for the doing of the things authorized thereby. The issuance of bonds or refunding bonds or other obligations pursuant to the provisions of this Section need not comply with the requirements of any other state law applicable to the issuance of the bonds or other obligations for the financing of any project, except as provided No proceedings, notice, or approval shall be required for the issuance of any bonds or any instrument as security therefor, except as provided in this Section. The provisions of this Section shall be liberally construed for the accomplishment of its purposes.

P. Any resolution authorizing the issuance of bonds shall be published one time in the official journal of the authority; however, it shall not be necessary to publish any exhibits to such resolution if exhibits are available for public inspection and such fact is stated in the publication. For thirty days after the date of publication, any person in interest may contest the legality of the resolution, any provision of the bonds to be issued pursuant to it, the provisions therein made for the security and payment of the bonds, or the validity of any of the provisions and proceedings relating to the authorization and issuance of such bonds. After that time, no person may contest the regularity, formality, legality, or effectiveness of the resolution, any provision of the bonds to be issued pursuant to it, the provisions for the security and payment of the bonds, and the validity of all other provisions and proceedings relating to their authorization and issuance, for any cause. Thereafter, it shall be conclusively presumed that the bonds are legal and that every legal requirement for the issuance of the bonds has been complied with. No court shall have authority to inquire into any of these matters after the thirty days.

§4710.18. Obligations of the authority solelyBonds issued by the authority are negotiable instruments and are solely

the obligations of the authority and not of the state of Louisiana or any other agency or political subdivision thereof. The full faith and credit of the state of Louisiana or of any other state agency shall not secure nor shall the full faith and credit of the state at any time in the future be pledged to secure the payment of any indebtedness incurred by the authority. The bonds issued by the authority do not constitute an indebtedness, general or special, or a liability of the state or any other political subdivision thereof. The issuance of the bonds does not directly or indirectly obligate the state or any other political subdivision thereof to provide any funds for the payment of such bonds. The bonds shall not be considered a debt of the state or any other political subdivision thereof within the meaning of the constitution or the statutes of the state and shall not constitute a charge against the credit or taxing power of the state or any other political subdivision thereof. Neither the state nor any other political subdivision thereof shall in any manner be liable for the payment of the principal, interest on premiums, sinking or reserve fund requirements or other requirements of the bonds, or for the performance of any agreement or pledge of any kind which may be undertaken by the authority. No breach by the authority of any pledge or agreement shall create any obligation upon the state or any other political subdivision, including any charge against its credit or taxing power.

§4710.19. Use of revenue from hotel occupancy taxesA. Notwithstanding any other provisions of this Chapter to the contrary, if

the authority issues bonds and pledges to the payment thereof the proceeds or avails of a hotel occupancy tax authorized by this Chapter, the net proceeds of such tax in each fiscal year shall be used to satisfy the authority’s obligations under the resolutions providing for the issuance of the bonds, including the payment of the expenses of operating, maintaining, or improving the project or projects financed with the proceeds of such bonds.

B. After provision has been made for the discharge of such obligations, any balance remaining from such tax shall be used for the following purposes and in the following order of priority:

(1) For the payment of rents due by the authority.(2) For the payment of bond service charges.(3) For the payment of the administrative and operating expenses of the

authority.(4) For the payment of the cost of maintaining, improving, and operating

exhibition or convention facilities if the authority undertakes the maintenance, improvement, and operation of same pursuant to a contract with

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the city of New Orleans or any other person. Any contract entered into by the authority with any private person, firm, or corporation for the maintenance or operation of any exhibition or convention facility shall be made and entered into in accordance with the provisions of R.S. 38:2211 et seq.

(5) To establish a reserve fund for replacement and for future needs for the purposes provided for in this Chapter.

(6) For the payment to the city of New Orleans of any surplus created at the end of the year as described in R.S. 33:4710.16.

§4710.20. State fundsAny provision of law to the contrary notwithstanding, the state shall not,

without prior express and specific authorization by law, advance or expend any funds for payment of the debt service or retirement of revenue bonds issued by the Ernest N. Morial-New Orleans Exhibition Hall Authority, or its predecessor, the New Orleans Exhibition Hall Authority.

§4710.21. Superdome; certain exhibitsIf an exhibition be suitable for and the exhibitor be willing to hold the

exhibition in the Superdome, no contract for such exhibition in any facility of the authority shall be entered into without the prior approval of the operating management of the Superdome, which approval shall not be unreasonably withheld.

§4710.22. Port of New OrleansA. Nothing in this Chapter shall be construed to affect, impinge upon, or

diminish the rights, powers, and jurisdiction of the board of commissioners of the Port of New Orleans.

B. Notwithstanding anything contained in this Chapter to the contrary, no provision of this Chapter shall be interpreted or construed to require the location or construction of an exhibition facility on the public wharf known as the Poydras Street Wharf, more particularly described in the lease between the board of commissioners of the Port of New Orleans and International Rivercenter made and entered into on the 24th day of April, 1974, as amended.

§4710.23. Food and beverage taxA.(1)(a) The authority may levy and collect a tax on food and beverages

sold by any food service establishment, as defined in this Section, located within the parish of Orleans or in any airport or air transportation facility owned and operated by the city of New Orleans, excluding any food service establishment owned by any individual or corporation who had gross annual receipts of less than two hundred thousand dollars from the operation of all such establishments during the calendar year prior to the year in which the food and beverage tax is assessed.

(b) The food and beverage tax shall be in an amount not exceeding one-half of one percent of gross receipts from the sales of food and beverages by food service establishments.

(c) The tax shall be paid by the person who purchases such food or beverage and shall be paid at the time that the charge for the food or beverage is paid.

(d) The phrase “food service establishment” means any fixed or mobile restaurant, coffee shop, cafeteria, short order café, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, roadside stand, industrial feeding establishment, private, public, or nonprofit organization or institution routinely serving food, catering kitchen, commissary, delicatessen, convenience store, grocery store, or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere, and any other establishment or operation where food or drink is served or provided for the public. However, the food and beverage tax shall not apply to meals furnished to any of the following: the staff and students of educational institutions, including kindergartens; the staff and patients of hospitals; the staff, inmates, and patients of mental institutions; and the boarders of rooming houses. Such tax shall also not apply to occasional meals furnished in connection with or by educational, religious, or medical organizations if the meals are consumed on the premises where purchased. However, sales by any of the above institutions or organizations in facilities open to outsiders or to the general public are not exempt from the food and beverage tax authorized by this Section.

(2) The authority shall impose the food and beverage tax by resolution adopted by the board, which may provide in the resolution necessary and appropriate rules and regulations for the imposition, collection, and enforcement of the food and beverage tax, including rules relative to issuance of tax exemption certificates. The resolution levying and imposing the food and beverage tax may not be adopted by the board unless prior thereto the governing authority of the city of New Orleans approves the levy of such food and beverage tax by a favorable vote of a majority of the members present and voting and the question of or proposition to authorize the levy of the food and beverage tax and the use of avails thereof shall have been submitted to the electors of the city of New Orleans at an election called, conducted, canvassed, and promulgated by the governing authority of the city, in accordance with the laws of Louisiana governing the conduct of elections to authorize the issuance of bonds and the levying of taxes, and a majority of those electors voting in such election shall have voted in favor of the question or proposition to impose the food and beverage tax.

(3) The authority may contract with the state of Louisiana or the city of New Orleans, or both, for the collection of the food and beverage tax authorized by this Section.

(4) The authority to levy and collect the food and beverage tax shall terminate upon payment in full of all bonds or other similar debt obligations of the authority payable in whole or in part from or secured by such tax.

B.(1) Notwithstanding any other provision of this Chapter or law to the contrary, in addition to other taxes authorized by this Chapter, the authority

may levy and collect a tax on food and beverages sold by any food service establishment, as defined in this Subsection, located within the parish of Orleans or in any airport or air transportation facility owned and operated by the city of New Orleans, excluding any food service establishment owned by any individual or corporation who had gross annual receipts of less than two hundred thousand dollars from the operation of all such establishments during the calendar year prior to the year in which the food and beverage tax is assessed. The food and beverage tax shall be in an amount not exceeding one-half of one percent of gross receipts from the sales of food and beverages by food service establishments; such tax shall be paid by the person who purchases such food or beverage and shall be paid at the time that the charge for the food or beverage is paid. The tax authorized by this Subsection shall be levied and collected in lieu of the tax authorized by Subsection A of this Section, and at no time shall the authority collect taxes pursuant to both authorizations. The proceeds of the tax levied pursuant to this Subsection are subject to any and all pledges of the taxes authorized in Subsection A of this Section to the outstanding bonds of the authority. The words “food service establishment” mean any fixed or mobile restaurant; coffee shop; cafeteria; short order café; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishment; private, public, or nonprofit organization or institution routinely serving food; catering kitchen; commissary; delicatessen; convenience store; grocery store; or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other establishment or operation where food or drink is served or provided for the public. However, the food and beverage tax shall not apply to meals furnished to any of the following: the staff and students of educational institutions, including kindergartens; the staff and patients of hospitals; the staff, inmates, and patients of mental institutions; and the boarders of rooming houses. Such tax shall also not apply to occasional meals furnished in connection with or by educational, religious, or medical organizations if the meals are consumed on the premises where purchased. However, sales by any of the above institutions or organizations in facilities open to outsiders or to the general public are not exempt from the food and beverage tax authorized by this Subsection.

(2) The authority shall impose the food and beverage tax by resolution adopted by the board which may provide in the resolution necessary and appropriate rules and regulations for the imposition, collection, and enforcement of the tax, including rules relative to issuance of tax exemption certificates.

(3) The proceeds of the tax, after paying the reasonable and necessary costs and expenses of collecting and administering the tax, shall be used for the purposes of providing funds to expand and improve the convention, exhibition, and tourist facilities and projects and the necessary furnishings, machinery, equipment, and appurtenances therefor, including the acquisition of land through lease or purchase needed therefor; and the authority may fund the proceeds of the tax into bonds or other obligations of the authority for the purposes described in this Subsection, to the extent and in the manner permitted by this Chapter.

(4) The authority to levy and collect the tax authorized by this Subsection shall terminate upon payment in full of all bonds or other similar debt obligations of the authority payable in whole or in part from or secured by such tax and issued before July 1, 2029.

§4710.24. Expansion project; additional taxesA. As used in this Chapter, “expansion project” means a project or projects

for the acquisition, construction, installation, and equipping of additions or improvements to the Ernest N. Morial Convention Center-New Orleans, the “convention center”, including but not by way of limitation each of the following:

(1) Phase III Convention Center Expansion Project, which consists of a building attached to the convention center containing additional exhibit space, meeting rooms, ballroom space, a food court, exhibit hall concession stands, food production facilities, and other structures and facilities functionally related to the convention center and completed in April of 1999.

(2) Phase IV Convention Center Expansion Project, which means the project to construct a free-standing building across Henderson Street from the existing convention center, on a site owned by the authority, containing approximately one million five hundred thousand square feet under roof including approximately five hundred thousand square feet of exhibit space, with accompanying meeting rooms, food service areas, building service areas, and other facilities functionally related thereto, and which shall be connected to Phase III Convention Center Expansion Project by a pedestrian bridge above Henderson Street.

(3) Phase V Convention Center Expansion Project, which means all of the following projects:

(a) Constructing, installing, equipping, renovating, and refurbishing the convention center and related infrastructure and the acquisition of land in the vicinity of the convention center to implement the authority’s five-year capital plan as the same may be amended from time to time but excluding any expansion project beyond the projects referred to in Subparagraphs (b) and (c) of this Paragraph.

(b) The public or private development of the Convention Center Headquarters Hotel Project, the private component of which may involve a joint project between the authority and a private entity.

(c) Additional riverfront development adjacent to or in support of the convention center including acquisition, expansion, investment,

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construction, restoration, demolition, site preparation, and development of land, structures, infrastructure, including public rights-of-way, utilities, lighting, and landscaping to surrounding urban areas and riverfront. Such development shall be accomplished in a manner that ensures no interference with or adverse effect upon vehicular access to the facilities of the board of commissioners of the Port of New Orleans or the main line track of the New Orleans Public Belt Railroad.

B.(1) Notwithstanding any other provision of this Chapter or any other law to the contrary, in order to provide funds for any expansion project and for the use of such funds, along with existing taxes, fees, and charges to secure any bonds issued for such expansion project, the authority may levy and collect within the parish of Orleans a tax of one percent on the occupancy of hotel rooms located in Orleans Parish.

(2) The tax shall be paid by the person who exercises or is entitled to occupancy of the hotel room, and shall be paid at the time the rent or fee for occupancy is paid.

(3) The tax shall not apply to the rent for a hotel room rented to the same occupant for a period of thirty or more consecutive calendar days, nor shall it apply to hotel rooms rented for less than three dollars a day.

C.(1) In addition to other taxes authorized by this Chapter and to provide additional funds for any expansion project, the authority may levy and collect an additional tax on food and beverages sold by any food service establishment located within the parish of Orleans or in any airport or air transportation facility owned and operated by the city of New Orleans, excluding any food service establishment owned by any individual or corporation who had gross annual receipts of less than five hundred thousand dollars from the operation of all such establishments during the calendar year prior to the year in which the additional food and beverage tax is assessed. The tax shall be in the amount of one-fourth of one percent of gross receipts from the sales of goods and beverages by food service establishments.

(2) The tax shall be paid by the person who purchases such food or beverage and shall be paid at the time that the charge for the food or beverage is paid.

(3) The phrase “food service establishment” has the meaning set forth in R.S. 33:4710.23 and shall not mean or include convenience stores or grocery stores.

(4) The tax shall not apply to meals furnished to any of the following: the staff and students of educational institutions, including kindergartens and pre-kindergartens; the staff and patients of hospitals; the staff, inmates, and patients of mental institutions; and the boarders of rooming houses. The tax also shall not apply to occasional meals furnished in connection with or by educational, religious, or medical organizations if the meals are consumed on the premises where purchased. However, sales by any of the above institutions or organizations in facilities open to outsiders or to the general public are not exempt from the additional food and beverage tax authorized by this Subsection.

D. The authority shall impose the taxes authorized by this Section by resolutions adopted by the board, which may provide in the resolutions necessary and appropriate rules and regulations for the imposition, collection, and enforcement of such taxes, including rules relative to issuance of tax exemption certificates for the food and beverage tax. The authority may contract with the state of Louisiana or the city of New Orleans, or both, for the collection of the taxes authorized by this Section.

E. The authority to levy and collect the additional hotel occupancy and food and beverage taxes shall terminate upon payment in full of all bonds or other similar debt obligations of the authority payable in whole or in part from or secured by such tax and issued before July 1, 2029.

F. Without reference to any other provision of the constitution or laws of Louisiana, including this Chapter, the authority may, from time to time, with the approval of the State Bond Commission, issue negotiable bonds in one or more series for the purpose of providing funds to finance expansion projects in accordance with the provisions of R.S. 33:4710.17 and 4710.17.1; such bonds to be payable from all revenues derived by the authority as more particularly set forth in the resolution or resolutions providing for their issuance.

§4710.25. Service contractor taxA. Notwithstanding any other provision of law to the contrary, in order to

provide funds for any expansion project, the authority may levy and collect, within the parish of Orleans, a tax on the furnishing of goods and services which are provided on a contractual basis by service contractors in conjunction with trade shows, conventions, exhibitions, and other events, whether public or private, such services to include goods and services provided in connection with the installation and dismantling of exhibits, displays and booths, decorations, electrical supplies, material handling, drag, flowers and floral decorations, computers, audio and visual equipment, bands and orchestras, lighting trusses, rigging and associated equipment, furniture, carpets, signs, props, floats, business machines, plumbing, telephones, photography, catering food services, compressed air or gas, balloons, scaffolding, fork lifts, highlights, security, information retrieval systems, and any other services or items associated with the above. The tax shall be levied on the service contractor providing the services in an amount equal to two percent of total charges specified in the contract to be paid to the service contractor for the furnishing of the goods and services; however, the amount of the tax may be included in the contract as a charge to be paid by the person for whom the goods and services were provided.

B. In the ordinance imposing the tax, the authority shall provide for the administration and enforcement of the tax and the collection of the tax from persons subject to the tax as the authority deems necessary or practicable

for the effective collection, administration, and enforcement of the tax. The authority may enter into agreements as it deems appropriate with any governmental agency providing for the governmental agency to act as the authority’s agent to collect the tax.

C. For purposes of this Section, “service contractors” means and includes those persons who contract to furnish the services and items listed in this Section in conjunction with trade shows, conventions, and exhibitions, whether public or private, which are held and conducted within the parish of Orleans.

D. The authority to levy and collect the tax authorized in this Section shall terminate upon payment in full of all bonds or other similar debt obligations of the authority payable in whole or in part from or secured by such tax and issued before July 1, 2029.

§4710.26. Sight-seeing tour taxA. As used in this Section, the following words and terms have the following

meanings:(1) “Per capita sight-seeing tour” means a sight-seeing tour sold to

individuals, groups of individuals, or both, on a cost per person basis.(2) “Sight-seeing tour” means a tour of places and things, including but not

by way of limitation points of interest, historic buildings, parks, and other sites conducted by persons acting as sight-seeing guides or lecturers, and includes walking tours and those conducted on any type of vehicle or other means of conveyance. “Sight-seeing tour” does not mean any of the following types of tours: tours for a group or groups of individuals who collectively hire a guide or a vehicle for an exclusive private tour limited to such group or groups of individuals or tours of museums, historic buildings or homes, churches, cemeteries, buildings, planetariums, libraries, zoos, or aquariums when a fee is charged by such establishment, place, or facility for a tour of, or visit to, such establishment, place, or facility; however, the definition of “sight-seeing tour” does mean and include tours of, or visits to, any of the establishments, places, or facilities set forth in this Section, if such tours or visits are a part of a general tour of multiple sites, establishments, places, or facilities.

(3) “Ticket” means a certificate, token, or any document evidencing that payment of an admission fee or fare has been made.

B. Notwithstanding any other provisions of law to the contrary, in order to provide funds for any expansion project, the authority may levy and collect a tax of one dollar on all tickets sold in the parish of Orleans for per capita sight-seeing tours in the parish of Orleans, or for tours, a portion of which includes sight-seeing in the parish of Orleans, except those sold by a governmental agency. The tax shall be imposed by ordinance adopted by the board which shall provide for the administration and enforcement of the tax and the collection of the tax from persons subject to the tax as the authority determines to be necessary or practical for the effective collection, administration, and enforcement of the tax. The tax shall be paid by the purchasers of the tickets at the time of purchase. The authority may enter into agreements as it deems appropriate with any governmental agency providing for that entity or agency to act as the authority’s agent to collect the tax.

C. The authority to levy and collect the tax authorized in this Section shall terminate upon payment in full of all bonds or other similar debt obligations of the authority payable in whole or in part from or secured by such tax and issued before July 1, 2029.

§4710.27. LeasesA. In addition to any other powers of the authority and without reference to

any other provision of the constitution or laws of Louisiana, the authority may pledge its taxes, revenues, securities, and other monies to secure any lease or sublease entered into by the authority. Such taxes, revenues, securities, and other monies so pledged and then held or thereafter received by the authority or any fiduciary shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, whether or not such parties have notice thereof. The instrument by which such a pledge is created need not be filed or recorded except in the official minutes of the authority.

B. When any lease or sublease is secured by any tax, fee, or charge authorized by this Chapter, neither the legislature nor the authority shall discontinue or decrease the applicable taxes, fees, or charges or permit to be discontinued or decreased the applicable taxes, fees, or charges in anticipation of the collection of which such leases or subleases, or both, have been entered into, or in any way make any change in the allocation and dedication of the proceeds of such taxes, fees, or charges which would diminish the amount of the applicable revenues to be received by the authority until all of such leases or subleases, or both, shall have expired.

§4710.28. Minority BusinessesA. To provide equal procurement, contractual, and employment

participation in any expansion project, as defined in R.S. 33:4710.24, the authority shall prescribe rules and regulations as may be necessary to provide for the following protections for the rights of minority citizens:

(1) To designate and set aside for awarding to minority businesses not less than thirty percent of anticipated local procurement of goods and services respectively, including contracts for professional services but excluding construction, for any expansion project, based upon the total value of such procurement.

(2) To designate and set aside for awarding to minority contractors not less than twenty percent of the construction contracts for any expansion project,

THE ADVOCATEPAGE 46


based upon the total value of such contracts.(3) To establish an affirmative action plan for the hiring and maintenance

of personnel for any expansion project.(4) To establish an affirmative action plan to guarantee that equal

opportunity in employment is incorporated into each agreement or contract with any provider of services to the authority for any expansion project.

(5) To prescribe and promulgate rules and regulations to provide for effective enforcement of the rights granted in this Section including injunctive relief and penalties for violations.

(6) To prescribe and promulgate rules and regulations for the certification of businesses as bona fide minority businesses or minority contractors.

B. For purposes of this Section, the following definitions apply:(1) “Minority” means a person who is a citizen or lawful permanent resident

of the United States and who is:(a) Black: having origins in any of the black racial groups of Africa.(b) Hispanic: of Mexican, Puerto Rican, Cuban, Central or South American,

or other Spanish or Portuguese culture or origin regardless of race.(c) Asian American: having origins in any of the original peoples of the Far

East, Southeast Asia, the Indian subcontinent, or the Pacific Islands.(d) American Indian or Alaskan Native: having origins in any of the original

peoples of North America.(2) “Minority business” or “minority contractor” means a small business

organized for profit performing a commercially useful function which is owned and controlled by one or more minority individuals or a minority enterprise as defined in R.S. 39:1952. “Owned and controlled” means a business in which one or more minorities or minority business enterprises own at least fifty-one percent or in the case of a corporation at least fifty-one percent of the voting stock and control at least fifty-one percent of the management and daily operations of the business.

§4710.29. ReportingThe authority shall present to the city council of New Orleans an annual

written and oral report on its financial condition at a meeting of the city council in January of each year. The written report shall include the latest available annual and year-to-date financial statements, operating and capital budgets for the current year and proposed for the upcoming year, and a schedule of all reserves held by the authority for future use pursuant to R.S. 33:4710.19(B)(5) specifying each project for which a reserve has been established.

§4710.30. Termination of bonding authorityNotwithstanding any provision of this Chapter, the authority shall not issue

bonds or incur debt in any form for a term of more than forty years from the date of issuance thereof. The authority shall not issue bonds or incur debt in any form for the Phase V Convention Center Expansion Project after July 1, 2029.


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ACT No. 173 ---

SENATE BILL NO. 3BY SENATORS MIZELL, ALARIO, APPEL, COLOMB, CORTEZ,

DONAHUE, ERDEY, FANNIN, GATTI, HENSGENS, HEWITT, JOHNS, LONG, MILKOVICH, PEACOCK, PRICE, RISER, GARY SMITH,

JOHN SMITH, THOMPSON, WALSWORTH, WARD AND WHITE AND REPRESENTATIVES ADAMS, CARPENTER, GISCLAIR, HOWARD,

LARVADAIN, MARCELLE, NORTON AND WHITE Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the


To enact R.S. 32:861.2, relative to motor vehicles; to provide authority to the commissioner of the Department of Public Safety and Corrections, public safety services, office of motor vehicles, to waive any and all penalty, procedure, and requirement, for failure to maintain compulsory motor vehicle liability security for just cause in certain circumstances; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 32:861.2 is hereby enacted to read as follows:§861.2. Waive penalty, procedure, or requirement; authorityNotwithstanding the provisions of R.S. 32:861, or the provision of any other

law to the contrary that provides for or requires the assessment of a penalty, procedure, or requirement to the contrary for a registered owner’s failure to maintain compulsory motor vehicle liability security, the commissioner of the Department of Public Safety and Corrections, public safety services, office of motor vehicles, may waive any penalty, procedure, or requirement if the motor vehicle liability security expired or cancelled when the motor vehicle’s principal driver was the registered owner or owner’s spouse or child who was in the hospital or has died, and the registered owner presents proof of such exceptional circumstance to the commissioner.

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

the day following such approval.


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ACT No. 174 ---

SENATE BILL NO. 7BY SENATOR HENSGENS

Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.

An ACTTo repeal R.S. 46:460.32, relative to Medicaid prepaid coordinated care

network pharmaceutical and therapeutics committees; to repeal the requirement for the creation and function of pharmaceutical and therapeutics committees within each Medicaid prepaid coordinated care network; to provide for an effective date; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 46:460.32 is hereby repealed. Section 2. This Act shall become effective upon signature by the governor



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ACT No. 175 ---

SENATE BILL NO. 18BY SENATOR HENSGENS

AN ACTTo enact R.S. 33:1651(C), relative to the governing authority of Acadia Parish;

to provide relative to the term of office of the parish secretary-treasurer; and to provide for related matters.Notice of intention to introduce this Act has been published.Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 33:1651(C) is hereby enacted to read as follows:§1651. Election and term; location of office; removal for cause; exceptions

* * *C. Notwithstanding the provisions of Subsection A of this Section, the

governing authority of Acadia Parish shall elect a parish secretary-treasurer for a term of four years. The secretary-treasurer’s term shall be concurrent with the term of the members of the parish governing authority. If a vacancy occurs other than by an expiration of the term, it shall be filled by appointment by the parish governing authority for the unexpired term.


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ACT No. 176 ---

SENATE BILL NO. 22BY SENATOR JOHNS

AN ACTTo enact Subpart L of Part II-A of Chapter 1 of Subtitle I of Title 39 of the

Louisiana Revised Statutes of 1950, to be comprised of R.S. 39:100.35, relative to special funds; to create the Calcasieu River Bridge Fund as a special fund in the state treasury; to provide for the dedication of certain revenues and for the deposit of and use of monies in the fund; to provide for an effective date; and to provide for related matters.Be it enacted by the Legislature of Louisiana:

Section 1. Subpart L of Part II-A of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.35, is hereby enacted to read as follows:

SUBPART L. CALCASIEU RIVER BRIDGE FUND§100.35. Calcasieu River Bridge FundA. There shall be established in the state treasury, as a special permanent

trust fund, the Calcasieu River Bridge Fund, hereinafter referred to as the “fund”. After allocation of money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, and notwithstanding any other provision of law to the contrary, the treasurer shall deposit in and credit to the fund, the proceeds received by the state of Louisiana from the settlement, judgment, or final disposition of the litigation

THE ADVOCATEPAGE 47


filed by the state of Louisiana or the Louisiana Department of Transportation and Development bearing Docket Number 2008-002684 in the Fourteenth Judicial District Court, or any other litigation filed by the state of Louisiana or Department of Transportation and Development claiming damages for actual or alleged subsurface contamination within two miles of the Interstate 10 Calcasieu River Bridge for incidents occurring prior to August 1, 2019, and alleged to require remediation.

B. All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. The monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of those monies shall be credited to the fund.

C. Subject to an appropriation by the legislature, monies in the fund shall be used solely for the planning and construction of a new Interstate 10 Calcasieu River Bridge in Lake Charles.

D. The dedication of recovered funds pursuant to the provisions of this Section shall not be admissible in any trial or litigation referenced in Subsection A of this Section.



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ACT No. 177 ---

SENATE BILL NO. 25BY SENATOR WARD


AN ACTTo enact R.S. 13:5554(G)(9), relative to the Pointe Coupee Parish Sheriff’s

Office; to provide for insurance premium payments for sheriff and deputy sheriff retirees; to provide for applicability; to provide for an effective date; and to provide for related matters.Be it enacted by the Legislature of Louisiana:Section 1. R.S. 13:5554(G)(9) is hereby enacted to read as follows:§5554. Group insurance; kinds; amounts; subrogation

* * *G.

* * *(9)(a) The provisions of Paragraph (1) of this Subsection, as applicable

to the sheriff’s office of Pointe Coupee Parish, shall apply to sheriffs and deputy sheriffs who were hired prior to July 1, 2019, who meet the eligibility requirements, and have the requisite creditable service pursuant to Paragraph (1) of this Subsection.

(b) Notwithstanding the provisions of Subsection D of this Section, in the parish of Pointe Coupee, for any sheriff or deputy sheriff hired on and after July 1, 2019, the sheriff of Pointe Coupee Parish shall pay in full from the sheriff’s general fund the premium costs of group hospital, surgical, medical expense, and dental insurance, and the first ten thousand dollars of life insurance contracted for under the provisions of this Section for any sheriff or full-time deputy sheriff who retires directly from active service with the Pointe Coupee Parish Sheriff’s Office and who meets the criteria in all of the following Items:

(i) Is entitled to receive benefits from the Sheriffs’ Pension and Relief Fund.(ii) Has at least fifteen years of full-time service with the Pointe Coupee Parish

Sheriff’s Office.(iii) Is at least fifty-five years of age.

* * *Section 2. This Act shall become effective on July 1, 2019.


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ACT No. 178 ---

SENATE BILL NO. 27BY SENATOR MARTINY AND REPRESENTATIVE JIMMY HARRIS

Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.AN ACT

To amend and reenact R.S. 13:50, relative to certain judicial salaries; to provide for salary increases for judges of the supreme court, courts of appeal, district courts, city courts, and parish courts as recommended by the Judicial Compensation Commission; to provide certain terms and conditions; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 13:50 is hereby amended and reenacted to read as follows:§50. Salary as recommended by the Judicial Compensation CommissionPursuant to the Judicial Compensation Commission’s report dated January

9, 20132018:(1)(a) Effective July 1, 2013, the actual salary of the judges of the supreme

court, courts of appeal, and district courts shall be increased as follows:(i) Supreme court - five and one-half percent.(ii) Courts of appeal - three and seven-tenths percent.(iii) District courts - four percent.(b) The actual salary of the judges of the supreme court, courts of appeal,

and district courts shall be increased by two and one-tenth percent on July first of 2014, 2015, 2016, and 2017.

(2)(a) Effective July 1, 2013, the state-paid actual salary of the judges of city courts and parish courts shall be increased by four percent.

(b) The state-paid actual salary of the judges of city courts and parish courts shall be increased by two and one-tenth percent on July first of 2014, 2015, 2016, and 2017.

Subject to the provisions of Paragraph (3) of this Section, the actual salary of the judges of the supreme court, courts of appeal, and district courts shall be increased by two and one-half percent on July first of 2019, 2020, 2021, 2022, and 2023.

(2) Subject to the provisions of Paragraph (3) of this Section, the state-paid actual salary of the judges of city courts and parish courts shall be increased by two and one-half percent on July first of 2019, 2020, 2021, 2022, and 2023.

(3)(a) The salary increases authorized by Paragraphs (1) and (2) of this Section shall be contingent upon approval prior to each July first by the Louisiana Supreme Court and the Louisiana Judicial Budgetary Control Board, after each has made a determination that the judiciary has sufficient funding from the state and other sources to fund the salary increases prior to approving the increases.

(b) Any salary increase authorized pursuant to this Section for Fiscal Year 2020 shall be funded by the judiciary.

(4) Effective July 1, 2020, any local or state official eligible for compensation pursuant to the provisions of R.S. 13:5521 shall not be eligible for a salary increase pursuant to the provisions of this Section for that same fiscal year.

Section 2. This Act shall become effective upon signature by governor or, if not signed by 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. 179 ---

SENATE BILL NO. 29BY SENATOR CORTEZ


AN ACTTo enact R.S. 37:23.3, relative to professional or occupational licensing boards

or commissions; to prohibit certain actions by a board or commission relative to the providing of testimony or records to a legislative body; to provide relative to consent decrees; to provide relative to and prohibit certain disciplinary action by a board or commission; to provide for certain terms, conditions, definitions, and procedures; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 37:23.3 is hereby enacted to read as follows:§23.3. Prohibited agreements and actions of professional licensing boards and

commissionsA. No professional or occupational licensing board or commission shall:(1) Enter into a consent decree with a licensee, permittee, or certificate holder

if such decree contains a nondisparagement clause. Such a nondisparagement clause contained in a consent decree is contrary to public policy of this state and shall be null, void, and unenforceable.

(2) Initiate disciplinary action against a licensee, permittee, or certificate holder for providing testimony or records to a legislative body.

B. For the purposes of this Section, a “legislative body” shall include but not be limited to a legislative committee, subcommittee, or task force.


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ACT No. 180 ---

SENATE BILL NO. 30BY SENATOR WARD

THE ADVOCATEPAGE 48



AN ACTTo amend and reenact R.S. 34:1221(A), 1223(A), and 1224(A) and to repeal

Chapter 29 of Title 34 of the Louisiana Revised Statutes of 1950, comprised of R.S. 34:2451 through 2458, relative to ports, harbors, and terminal districts; to provide relative to the Greater Baton Rouge Port Commission; to provide for representation of Pointe Coupee Parish on the commission; to add the parish of Pointe Coupee to the territorial limits and jurisdiction of the Greater Baton Rouge Port Commission; to abolish the Pointe Coupee Port, Harbor, and Terminal District; to abolish the Pointe Coupee Port Commission; to provide relative to bond obligations of the commission; 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. 34:1221(A), 1223(A), and 1224(A) are hereby amended and reenacted to read as follows:

§1221. Creation of Greater Baton Rouge Port Commission; membersA. There is hereby created a commission to be known as the Greater

Baton Rouge Port Commission which shall be composed of fifteen seventeen members appointed by the governor who shall serve at the pleasure of the governor. Members shall be appointed as follows:

(1) Three commissioners shall be appointed by the governor from a panel of six names submitted by the legislative delegation of the parish of West Baton Rouge.

(2) Six commissioners shall be appointed by the governor from a panel of eighteen names submitted by the East Baton Rouge Parish legislative delegation.

(3) Two commissioners shall be appointed by the governor from a panel of six names submitted by the legislative delegation of the parish of Iberville.

(4) Two commissioners shall be appointed by the governor from a panel of six names submitted by the legislative delegation of the parish of Ascension.

(5) Two commissioners shall be appointed by the governor from a panel of six names submitted by the legislative delegation of the parish of Pointe Coupee.

(6) Two commissioners shall be appointed by the governor from a panel of six names submitted by Louisiana Farm Bureau Federation, Inc. Of the six names submitted, three shall reside on the east side of the Mississippi River in Ascension, East Baton Rouge, or Iberville Parishes and three shall reside on the west side of the Mississippi River in Ascension, Iberville, or West Baton Rouge Parishes and the governor shall appoint one of the nominees from the east side and one from the west side of the Mississippi River.

* * *§1223. Rights and powers of the boardA. The commission shall exercise the powers herein conferred upon it

within the port area consisting of the parishes of East Baton Rouge, West Baton Rouge, Iberville, and Ascension, and Pointe Coupee as the boundaries and limits are presently fixed by law, except the industrial areas created in the parish of East Baton Rouge by the provisions of Section 1.08(b) of the Plan of Government for the parish of East Baton Rouge and the city of Baton Rouge.

* * *§1224. Authority for issuance of bonds; ad valorem taxA. The commission, with the approval of the State Bond Commission, is

authorized to incur debt for its lawful purposes and to issue in its name, negotiable bonds or notes therefor, and to pledge, for the payment of the principal and interest of such negotiable bonds or notes, the revenues derived from the operation of properties and facilities maintained and operated by it, or received by the commission from other sources; however, the amount of such bonds and notes outstanding at any one time shall not exceed one hundred million dollars. Such bonds, when authorized to be issued, shall constitute, first, a general obligation of the commission, and secondly, the full faith and credit of the parish of East Baton Rouge, the parish of West Baton Rouge, the parish of Iberville, and thirdly, the state of Louisiana, and shall be and are hereby pledged. The full faith and credit of the parish of Ascension is hereby irrevocably pledged on a parity with that of the parishes of East Baton Rouge, West Baton Rouge, and Iberville in respect to the Commission’s commission’s bonds, notes, and obligations presently outstanding, as well as to all bonds, notes, and obligations hereafter authorized, sold, and incurred by the Commission commission. The full faith and credit of the parish of Pointe Coupee is hereby irrevocably pledged on a parity with that of the parishes of East Baton Rouge, West Baton Rouge, Iberville, and Ascension in respect to the commission’s bonds, notes, and obligations presently outstanding, as well as to all bonds, notes, and obligations hereafter authorized, sold, and incurred by the commission. In addition to the pledge of revenues to secure said bonds and notes, the commission may further secure their payment by a conventional mortgage upon any or all of the properties constructed or acquired, or to be constructed and acquired by it. The commission is further authorized to receive, by gift, grant, donation, or otherwise any sum of money, aid or assistance from the United States, the state of Louisiana, or any political subdivision thereof, and unless otherwise provided by the terms of such gift, grant, or donation, in its discretion, to pledge all or any part of such monies for the further securing of the payment of the principal and interest of its bonds or notes.

* * *Section 2. The expansion of the boundaries of the Port of Greater Baton

Rouge to include the jurisdictional boundaries of Pointe Coupee Parish is backed by the full faith and credit of the state, and to recognize the existing

authority of and functions performed by the established ports and harbors of Louisiana established pursuant to Article 14, Section 31 of the Louisiana Constitution of 1921, and others established by specific constitutional provision, it is hereby recognized that the legislature may consolidate or abolish any such commission or district or diminish, reduce, or withdraw from any such commission or district any of its powers and functions and affect the structure and organization, distribution, and redistribution of the powers and functions of any such commission or district, including additions to or reductions of its territorial jurisdiction, only by law enacted by the favorable vote of two-thirds of the elected members of each house pursuant to Article 6, Section 43 of the Louisiana Constitution. Further, on the effective date of this Act, all existing assets, debts, obligations, and contracts of the Pointe Coupee Port, Harbor and Terminal District and the Pointe Coupee Port Commission are given full force and effect and are hereby transferred to the Greater Baton Rouge Port Commission and the Port of Greater Baton Rouge.

Section 3. R.S. 34:2451 through 2458 are hereby repealed.Section 4. The terms of the members of the Pointe Coupee Port Commission in

office on or after twelve o’clock noon April 8, 2019, shall terminate on December 31, 2019.

Section 5. In the event future legislation is filed, and passed, such that the Parish of Pointe Coupee, is removed from the jurisdiction of the Greater Baton Rouge Port Commission, any and all assets, liabilities, and contracts conveyed by this legislation, shall be transferred to the Parish of Pointe Coupee’s governing authority. In the event the assets conveyed by this legislation are conveyed to the Parish of Pointe Coupee’s governing authority, the Port of Greater Baton Rouge shall be reimbursed and compensated for the enhanced value of said property which resulted from its efforts since such assets were conveyed to the Greater Baton Rouge Port Commission. In the event the Parish of Pointe Coupee is removed from the jurisdiction of the Greater Baton Rouge Port Commission, the two appointees created by this legislation shall cease to exist and shall no longer serve as members of the Greater Baton Rouge Port Commission.

Section 6. This Act will become effective on January 1, 2020.


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ACT No. 181 ---

SENATE BILL NO. 34BY SENATOR DONAHUE


AN ACTTo amend and reenact R.S. 26:85(6) and 359(B)(1)(c), and to enact R.S. 26:2(3.1)

and 241(2.1), relative to alcoholic beverages; to remove the bottle-size limitation on containers of wine shipped directly to consumers; to regulate direct shipment to consumers based on volume; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 26:85(6) and 359(B)(1)(c) are hereby amended and reenacted

and R.S. 26:2(3.1) and 241(2.1) are hereby enacted to read as follows:§2. DefinitionsFor purposes of this Chapter, the following terms have the respective

meanings ascribed to them in this Section, unless a different meaning clearly appears from the context:

* * *(3.1) “Case of wine” means nine liters of wine by volume which may be

packaged in any of the following ways:(a) Twelve seven-hundred-fifty-milliliter bottles.(b) Six one-and-one-half-liter bottles.(c) Three three-liter bottles.

* * *§85. Combination of manufacturer, wholesale, and retail business

prohibited; exceptionsExcept as provided in Paragraphs (1) through (6) of this Section, no person

shall, at the same time, engage in business as a manufacturer or wine producer and as a wholesaler, as a wholesaler and as a manufacturer or wine producer, as a manufacturer or wine producer and as a retailer, as a retailer and as a manufacturer or wine producer, as a wholesaler and as a retailer, or as a retailer and as a wholesaler of any regulated beverage. However:

* * *(6) Notwithstanding any other provision of law to the contrary, wine

producers who operate one or more wineries may sell and ship directly to a consumer in Louisiana provided that the total amount of sparkling wine or still wine shipped to any single household address in seven hundred fifty milliliter bottles, does not to exceed one hundred forty-four bottles twelve cases of wine per adult person per household address per calendar year. The packing in which the sparkling wine or still wine is shipped shall be received by a person twenty-one years of age or older. A person receiving a package of sparkling wine or still wine shall present proof of age as provided in R.S. 26:90 at the time of delivery.

THE ADVOCATEPAGE 49


* * *§241. DefinitionsThe following terms have the respective meanings ascribed to them except

in those instances where the context indicates a different meaning:* * *

(2.1) “Case of wine” means nine liters of wine by volume which may be packaged in any of the following ways:

(a) Twelve seven-hundred-fifty-milliliter bottles.(b) Six one-and-one-half-liter bottles.(c) Three three-liter bottles.

* * *§359. Distribution of alcoholic beverages through wholesalers only

* * *B.(1) Notwithstanding the provisions of Subsection A of this Section,

sparkling wine or still wine may be sold and shipped directly to a consumer, not to a retail dealer’s location that is permitted by the Office of Alcohol and Tobacco Control, in Louisiana by the manufacturer or retailer of such beverage domiciled inside or outside of Louisiana, or by a wine producer domiciled inside or outside of Louisiana, provided both that all taxes levied have been paid in full and that all of the following apply:

* * *(c) The total amount of sparkling wine or still wine shipped in seven hundred

fifty milliliter bottles does not exceed one hundred forty-four bottles twelve cases of wine per adult person per household address per calendar year.

* * *Section 2. This Act shall become effective on July 1, 2019.


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ACT No. 182 ---

SENATE BILL NO. 35BY SENATOR HEWITT

AN ACTTo amend and reenact R.S. 33:4575 and 4575.3(7), (10), and (20)(a), and R.S.

47:302.26(C)(3); and to repeal R.S. 33:4575.6, relative to the Northshore Harbor Center District in St. Tammany Parish; to provide for a change in name of the district; to provide for powers and duties of the district; to provide relative to certain taxes; to provide for the allocation of certain funds from the St. Tammany Parish Fund; and to provide for related matters.

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

Section 1. R.S. 33:4575 and 4575.3(7), (10), and (20)(a) are hereby amended and reenacted to read as follows:

§4575. Northshore Harbor Center DistrictThere is hereby created the Northshore Harbor Center District. The district

shall consist of the entire area within Ward Eight and Ward Nine of St. Tammany Parish, including any municipalities in those wards. The district is created for the purposes set forth in R.S. 33:4575 through 4575.6, and shall be responsible for the acquisition, construction, development, maintenance, and operation of an events center and the programs and events undertaken therein.

* * *§4575.3. Powers and dutiesThe board shall have all powers necessary or convenient to effectuate the

purposes of the district, including, but not limited to the following rights and powers:

* * *(7) To accept gifts, grants, and donations of property and money. Title to

immovable property acquired shall reside with the Northshore Harbor Center District.

* * * (10) To levy and collect annual taxes, fees, or assessments to the extent

permitted by law. Ad valorem taxes may be levied at a rate not to exceed twenty-five mills. Any such tax, fee, or assessment shall be used solely for the acquisition, construction, development, maintenance, repair, reconstruction, refurbishment, renovation, operation, and administration of the facilities of any facility owned, to be owned or operated by the district and the acquisition, construction, repair, or replacement of machinery, equipment, and furnishings, and shall be subject to approval by a majority of the electors of the district voting at an election called by the district and held for that purpose. The taxes, fees, or assessments when levied, shall be from year to year or for such period of years in accordance with the proposition authorizing the imposition of such taxes, fees, or assessments; however, no person and no property shall be exempt from payment of the taxes, fees, or assessments, except to the extent permitted by the provisions of Article VII, Section 20 of the Constitution of Louisiana. The district, upon its own initiative, may call a special election and submit to the qualified electors of the district the question of authorizing the levy of such a tax, fee, or assessment. The district shall call such a special election when requested to do so by petition in writing signed by one-fourth of the qualified electors eligible to vote at such election. These special taxes, fees, or assessments shall be levied, assessed, and collected on the property

within the district under the same methods, terms, and conditions at the same time as parish and district taxes are levied, assessed, and collected.

* * *(20)(a) With the approval of the State Bond Commission, to levy a tax based

upon the occupancy of hotel rooms, motel rooms, and overnight camping facilities within the district in order to provide funds for the operation of the district, including the construction, acquisition, development, maintenance, repair, reconstruction, or refurbishment, renovation, operation of or administration of any facility owned, or to be owned or operated by the district and the acquisition, or construction repair or replacement of machinery, equipment, and furnishings. The tax shall not exceed one dollar two dollars per occupant day and shall not be made effective by the board until the electorate of the district has approved a bond or tax proposition authorizing the financing of an events center.

* * *Section 2. R.S. 47:302.26(C)(3) is hereby amended and reenacted to read as

follows:§302.26. Disposition of certain collections in St. Tammany Parish

* * *C. Beginning Fiscal Year 2012-2013, monies in the fund shall be subject to

annual appropriation by the legislature and shall be allocated as follows:* * *

(3) Northshore Harbor Center District, nine percent.* * *

Section 3. R.S. 33:4575.6 is hereby repealed.


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ACT No. 183 ---

SENATE BILL NO. 37BY SENATOR PEACOCK


AN ACTTo amend and reenact R.S. 47:299.2(1)(d), and (3), 299.11(9), and 1676(B)(3)

and to enact R.S. 47:1676(B)(1.1), relative to delinquent debt collection; to authorize all units of local government to participate in the income tax refund offset program; to provide limitations for debt related to student fees; to authorize all units of local government to refer delinquent debt to the Office of Debt Recovery; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 47:299.2(1)(d), and (3), 299.11(9), and 1676(B)(3) are hereby

amended and reenacted and R.S. 47:1676(B)(1.1) is hereby enacted to read as follows:

§299.2. DefinitionsFor purposes of this Part, the following words, terms, and phrases have the

meaning ascribed to them by this Section unless the context clearly indicates a different meaning:

* * *(1)(d) “Agency” shall also mean a municipality, parish, or any other unit of local

government, authorized by law to perform governmental functions, including a school board, and a special district, or any entity which submits claims on behalf of the municipality, or parish, or other unit of local government.

* * *(3) “Debt” means any legally collectible, liquidated sum due and owing an

agency, or due and owing a person and collectible by any agency, or a judgment, order of the court, or bond forfeiture which is properly certified by the clerk and which orders the payment of a fine or other court ordered penalty, if the amount of the debt is twenty-five dollars or more. “Debt” shall not include any amount due for unpaid public elementary or secondary school student fees or for unpaid elementary or secondary school student fees for students enrolled in the Student Scholarships for Educational Excellence Program.

* * *§299.11. Ranking and priority of claimsIf two or more agencies file offset claims with the secretary against an

individual’s refund, the secretary shall remit the refund to the claimants if sufficient funds exist in the following order with the first offset claim to be paid being completely satisfied before a second or subsequent offset claim is paid:

* * *(9) Claims made by a municipality or a parish, parish, or any other unit

of local government, authorized by law to perform governmental functions, including a school board and a special district.

* * *§1676. Debt recovery

* * *B. For purposes of this Section, the following words shall have the following

meanings unless the context clearly indicates otherwise:* * *

(1.1) “Agency” shall also mean any municipality, parish, or any other unit

THE ADVOCATEPAGE 50


of local government, authorized by law to perform governmental functions, including school boards and special districts. Notwithstanding any provision of this Section to the contrary, local government subdivisions shall be permitted but not required to refer their delinquent debt to the office of debt recovery for collection.

* * *(3) “Debt” means any legally collectible liquidated sum due and owing

an agency, or due and owing a person and collectible by any agency, or a judgment, order of the court, or bond forfeiture that is properly certified by the clerk and that orders the payment of a fine or other court-ordered penalty. The legally collectible and liquidated sum due includes principal and accruing interest, fees, and penalties, if appropriate. “Debt” shall not include any legally collectible liquidated sum due and owing to an agency or an individual pursuant to the following federal programs: Title IV-A, Title IV-B, Title IV-D, Title IV-E, or Title XX of the federal Social Security Act, 7 U.S.C. 2011 et seq., 42 U.S.C. 9858 et seq., 42 U.S.C. 5101 et seq., 42 U.S.C. 5116 et seq., 42 U.S.C. 10401 et seq.; or, any sums due on account of overpaid unemployment compensation benefits or unpaid contributions or reimbursements pursuant to the Louisiana Employment Security Law under R.S. 23:1471 et seq. “Debt” shall not include any amount due for unpaid public elementary or secondary school student fees or for unpaid elementary or secondary school student fees for students enrolled in the Student Scholarships for Educational Excellence Program.

* * *


--------ACT No. 184

---SENATE BILL NO. 39

BY SENATOR THOMPSON Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the

Constitution of Louisiana.AN ACT

To enact R.S. 40:881, relative to labeling of milk products; to provide for definitions; to provide for enforcement by the Louisiana Department of Health; to provide for enforcement implementation; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:Section 1. R.S. 40:881 is hereby enacted to read as follows:PART VII. MILK, MILK PRODUCTS, AND SUBSTITUTESSUBPART A. MILK TESTING LABELING LAW (REDESIGNATED)§881. Labeling of milk products; prohibition; definition; enforcementA. The Louisiana Department of Health shall enforce the United States Food

and Drug Administration’s standard of identity for milk, as set forth in 21 CFR 131.110, the Pasteurized Milk Ordinance, and the provisions of this Section to prohibit the sale of plant-based products mislabeled as milk.

B. For purposes of this Section, “milk” means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows. Milk that is in its final packaged form for beverage use shall have been pasteurized, ultra-pasteurized, or aseptically processed and shall contain not less than eight and one-quarter percent milk solids not fat and not less than three and one-quarter percent milk fat. Milk may have been adjusted by separating part of the milk fat therefrom or by adding thereto cream, concentrated milk, concentrated low fat milks, dry milk, or dry low fat milks. Milk may be homogenized. Water shall not be added to milk or any ingredient used in milk. Milk may be flavored with safe and suitable flavoring ingredients approved by the state health officer. The word “milk” shall be interpreted to include goat, sheep, water buffalo, camel milk, and the milk of other hooved mammals.

C. Enforcement of this Section shall commence upon enforcement of the standard of identity for milk by the United States Food and Drug Administration.

D. The provisions of this Section shall not apply to breast milk.


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