II - Louisiana State Law Institute

Transcription

/1
Last printed 7/17/2012 3:06:00 PM
2012 Regular Session
LSLI Disposition Sheets for R.S.
Effective date is August 1,
46
2012 unless otherwise noted.
**************************************************************
Effect
Act No.
Sec.
Amend
255
7
0123W) (1) Cc) (iii) --Amend
156
1
0123(0) (1) Cc) (iii) --Amend
281
1
4.
0123(0) (1) Cc) (vi) ---Amend
156
1
!
0123W) (1) Cc) (vi) ---Amend
28].
1
Enact
243
1
6: 0236.1(C)
Amend
243
1
/46: 0236.1W) (4)
Amend
243
1
/46: 0236.1W) (5)
Amend
243
1
/ 46: 0236.1(D) (6)
Enact
243
1
746: 0236.1.1(9) (b)
Amend
255
7
46: 0236 .1.1 (13)
Amend
255
7
46: 0236 .1.2 (G)
Amend
255
7
46: 0236 .1.4 CE)
Amend
255
7
46: 0236 .1.4 (F)
Amend
255
7
/46: 0236 .1.5 (C)
Amend
255
7
46: 0236 .1.7 (B)
Amend
255
7
0236 .1.8 CD)
Amend
66
1
0236 .1.8 (0)
Amend
255
7
46 :0236.1 .12
Enact
444
1
46 :0236.2 (A)
Amend
444
1
•1 46 :0236.2 (B)
Amend
444
1
:0236.3 (A) (2)
Amend
255
7
46:0236.3(E) (1) (a)
Amend
64
1
LSA-R.S.
/46: 0056(M) (1)
t
46: 0236.1(A) (7)
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‘I 46
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/46:0236.3(G)
-Amend
64
1
.746:0236.3(0)
Amend
64
1
/46:0236.10 (A)
Amend
255
7
/46:0236.10 (B)
Amend
255
7
/6:0236.10 (0)
Amend
255
7
/46:0236.12 (B) (1)
Amend
255
7
46:0236.14 (0) (1)
Amend
255
7
444
1
Amend-
255
7
Amend
255
7
87
1
(Intro. Par.)
/ 46:0236.14 (E)
(3) (a) ----Amend---
/46:0236.14 (H) (2)
1’
J
46:0236.15 (A) (1)
46:0236.15 (0) (1) (a) ----Amend
-
.746:0236. 16
Amend
255
7
46:0238(F)
Amend
255
7
46:0290.1(Subpt.E,
Enact
635
1
06/07/12
07/01/12
•.1
Pt. II, Chpt.3)
‘7
46:1073.1
Enact
264
2
J
46:1191 thru 1196
Enact
857
1
430
1
(Chpt. 10-0)
/46:1409 (A)
46:1409 (B) (10)
Enact-
430
1
/
46:1413 (A) (7)
Enact-
430
1
.7
46:1413 (N)
Amend--
430
1
VI 46:1414
Amend
430
1
1’ 46:1421
Amend
599
1
J 46:1430
Enact
599
1
1
46:1433
Amend
446
4
,
46:1804
Amend
396
1
146:1806 (A)
Amend
396
1
‘/46:1809(B) (3) (d)
Amend
446
4
J
46:1809 (B) (4) (a)
Amend
446
4
.7
46:1816 (B) (6)
Amend
799
3
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46:1844(W) (2)
/46:1845
746:1845
-
Amend
840
1
Repeal
404
2
Repeal
-
558
-
---
06/14/12
06/05/12
2
Amend
245
1
Enact
799
3
--
Amend
197
2
--
Amend
197
2
Amend
255
7
46:2609
Repeal
834
13
46:2633 (ID)
Amend
269
2
•/‘
46:2633 (E)
Amend
269
2
/
46:2633 (F)
Enact
269
2
/
46:2634 (B) (2)
Amend
269
2
J
46:2634 (B) (3)
Amend
269
2
---
05/25/12
46:2634 (B) (13)
Amend
269
2
---
05/25/12
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46:2634 (ID)
Amend
269
2
/
46:2634 (H)
Amend
269
2
1
46:2635 (A)
Amend
269
2
46:2635 (B)
Amend
269
2
46:2635 (C)
Amend
269
2
Repeal
834
13
/
46:1846
/
46:1851
/
46: 2136 (D)
/
46:2136 (F)
(Chpt.
thru 1857
21-C)
/46:2136 .2(F)
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‘1
46:2802
06/13/12
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Approved by *-on
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749. o/(a
Rc-r L55
ZCIL
La. State Law Institute
PRINTER’S COPY
NO EDITS
Classification R . S.. i.3
Cc”j ffD.
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NO EDITS L(
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Classification
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Classification R. S. 9
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Classification
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Classification 1
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PRINTER’S COPY
•
-NO EDITS L
S.
Classitication
9-to
re
r
ACT ass.
ENROLLED
Regular Session, 2012
HOUSE BILLNO. 389
BY REPRESENTATIVE SCHRQDER
PRINTER’S COPY
/t L.
Pgs.
Edits To:
Note: 5e& &t
AN.
1
2
,.
To amend and reenact itS.
3
9:315.9(A)(6), 315.16(A), 315.40(1),
‘S
399.1(A) and (F)(3) and (4), and 40$B)(2) and (C)(2), R.S. 11:44] .1(F), R.S.
4
13:4291(B)(1) and (C), R.S. 27:364(
(l)(b)(vi), R.S. 40:34(B)(1)(h)(iv) and (E)(1)
4
5
and 46.1(D) and (F)(introducto
6
(13), 236.1.2(G), 23614
7
236.3(A)(2), 236.10(A),
8
paragraph) and (H)(
9
51:1442(4), relati e to the Department of Children and Family Services; to provide
we
a
,
paragraph), R.S. 46:56(M)(1), 236.1.1(9)(b) and
and (F), 236.1.5(C), 236.1.7(B), 236.1.8(D),
), and
(D), 236.12(B)(1), 236.14(D)(1)(introductory
236.15(A)(1), 236.16, 238(F), and 2136.2(F), and itS.
10
for proper de
11
technical anges; and to provide for related matters.
12
Belt enacte
ation of certain sections and divisions of the department; to make
y the Legislature of Louisiana;
13
S
14
333. Disclosure of financial records; reimbursement of costs
Lion 1. RE. 6:333(F)(14) is hereby amended and reenacted to read as follows:
15
16
*
F.
*
*
The following disclosures by a bank or any affiliate are hereby
17
specIfically authorized and, except as otherwise provided in this Subsection, nothing
18
in this Section shall prohibit, restrict, or otherwise apply to:
19
*
*
*
20
(14) The disclosure by a bank or any affiliate of data match information on
21
an individual to the secretary of the’Department of Children and Family Services, or
22
his designee in the office of children and family services, child support enforcement
Page 1 of 16
CODING; Words in aL 1
..ck tLwL type are deletions from existing law; words underscored
are additions.
ENROLLED
HE NO. 389
1
Section?. R.S. 46:56(M)(l), 236.1.)3(b) and (13), 236.1.2(G), 236.1.4(E) and (F),
2
236,1.5(C), 236.1.7(B), 236.1.8(D), 3
2
4
’(AX2), 236.10(A), (B), and (1)), 236.12(B)(l),
3
236.14(D)(l)(introductory para,Ø and (H)(2), 236.15(A)(1), 236.16, 238(F), and
4
2136.2(F) are hereby amen)dnd reenacted to read as follows:
5
6
§56. Applications and client case records; definitions; confidentiality; waiver;
penalty
*
7
*
*
8
M.(l) Notwithstanding the foregoing provisions of this Section, payment
9
histories on child or spousal support obligations maintained by the department in
10
conformity with the provisions of Title W-D of the Social Security Act or by die
11
department’s child support enforcement SCL
12
to a consumer reporting agency upon its application in writing and payment of a fee
13
covering the department’s actual costs for duplicating, copying, or transmitting the
14
information.
15
obliteration of any confidential information contained therein, including but not
16
restricted to the payee’s address or receipt of Aid to Families with Dependent
17
Children. or any successor to that program, or other state assistance.
20
*
*
For the purposes of this Subpart, the following items shall mean:
*
*
*
*
*
*
(9)
23
24
*
§236.1.1. Family and child support programs; definitions
21
22
section may be released
Payment histories shall not be released without the removal or
18
19
pi0&aiu
(b)
“Absent parent” means any person who does not reside with his
25
dependent child and who is responsible for providing financial support for that child
26
and against whom the
27
enforcement section of the department is enforcing or seeking to enforce or modi&
28
a support obligation pursuant to a plan described in Title W-D ofthe Social Security
Suü1t
lifucc.t Sc
child support
Page 9 of 16
CODING: Words in sLack Eli. uLigh type are deletions from existing law; words underscored
are additions.
ENROLLED
fiB NO. 389
1
’ may
t
Act and made applicable to the state under this Subpart. An “absent parent
2
include but is not limited to the natural parent, adoptive parent and the putative or
3
alleged father. This definition shall apply retroactively to all cases that the Supput I
4
LufOit.autut 3’i
5
is enforcing or seeking to enforce or modify.
yiCC.
l’1±1 child support enforcement section ofthe department
*
*
6
*
administrator” means the 1
LL4u yrogram
nthuh
7
(13) “ZES
8
executive director of the
9
enforcement section. division of programs, office of children and family services,
10
PiWWSI
jJl4hUii
child support
Department of Children and Family Services,
*
11
12
SsLCa
Gdppuit
*
*
§236.1.2. Family and child support programs; responsibilities
*
13
*
*
14
0. In any case in which the department is providing services under this
15
Subpart to obtain an order, judgment, or agreement of support or to recoup support
16
payments against the responsible person, the court shall not cancel any aeemed
17
arrearages unless the department, through the SES
18
determined that there is no reasonable possibility of collecting the arrearages.
*
19
20
§236.1.4.
21
*
ç administrator, has
*
Family and child support programs; financial institution duties;
responsibilities
22
*
23
*
*
B. The office of children and family services, child support enforcement
24
pt.i
25
financial institution pursuant to this ZuLa...ti
11 Subpart may disclose such data
26
match information only for the purpose of, and to the extent necessary in,
27
establishing, modifying, or enforcing a child support obligation of such individual.
28
F. If any state employee or any person working under a contract with the
29
state knowingly, orbyreason of negligence, discloses data match information of an
30
individual in violation of any provision of this Zubparagiaph Subpart such
yCS
section, which obtains data match information on an individual from a
Page 10 of 16
CODING: Words in sL 1
.k
are additions,
type are deletions from existing law; words underscored
/
/
ENROLLED
I-TB NO. 389
1
individual may bring a civil action for damages against such person in any district
2
court of this state.
*
3
4
*
*
§236.1.5. Family and child support programs; FITAP; other service recipients;
rights; responsibilities
5
*
6
*
*
C. The applicant or recipient of services shall also be deemed without the
7
8
necessity of signing any document to have appointed the Support
9
Sui
yi.a..a l’Iuwam
Lfuici..unast
administrator as his or her true and lawihi attorney-in-fact to
10
act in his or her name, place, and stead to perform the specific act of endorsing any
11
and all drafts, checks, money orders, or other negotiable instruments representing
12
support payments which are received on behalf of such individual or caretaker.
*
13
14
*
*
§236.1.7. Family and child support programs; liability
*
15
*
*
16
B. Any attorney initiating legal proceedings pursuant to this Subpart and
17
Titles W-IJ and W-A of the Social Security Act shall represent the state of
18
Louisiana, Department of Children and Family Services exclusively.
19
attorney-client relationship shall not exist between the attorney and any applicant or
20
recipient of child support enforcement services for and on behalf of a child or
21
children, without regard to the name in which legal proceedings are initiated. In
22
those cases in which the Department of Children and Family Services is providing
23
child support services, the attorney representing the department shall not represent
24
any party in matters involving custody or visitation.
25
agraph Subsection shall apply to a staff attorney in the child support enforcement
1
Pa
26
ic section ofthe Deyartment ofChildren and Family Services, district attorney,
27
28
An
The provisions of this
/
or contract attorney providing support services pursuant to Title W-D.
*
*
*
Page 11 of 16
CODING: Words in ats ucl tlo ugh type are deletions from existing law; words underscored
are additions.
-Ic
1
2
ized employee
§236.1.8. Family and child support programs; additional author
actions
5
*
*
*
3
4
ENROLLED
1’
HBNO. 389
ed by th:
D. The support services authorized by this Subpart shall be provid
office of children and family services, SuPFult
Su b’i..a LV51&LL child
7
s
support enforcement section. Field officers responsible ibr supplying these service
k1y the secce4aey
t—enthreement—r-egional adminisftatei’&—support
‘(aa—suppeE
shall be designated
8
-enfowswant-diulriot mnnagarc, social servio analyst supervisors, and social sgrvica
9
—imnlyats. Such officers shall have the power and authority to make arrests, supervise
4.)
summonses,
V.’
6
.
10
the probation of offenders, serve notices, orders, subpoenas,
11
citations, motions, and writs, and to execute all warrants and orders and to perform
12
any other duties incident to their office. All such officers are hereby authorized to
13
carry weapons and arms, concealed or openly, while in the actual performance of any
14
duty or while under assignment to any duty, but under no circumstances shall
15
officers be authorized to carry weapons unless they have been trained in the proper
16
carrying and use of firearms by a recognized firearm training program.
*
17
18
*
,rnuuS
*
§236.3. Enforcement of support by income assignment
19
A. For purposes of this Section, the following words have the meaning
20
ascribed to them by this Section unless the context clearly indicates a different
21
meaning:
22
23
24
25
26
I—
*
*
*
(2) “Department” means the Department of Children and Family Services,
office of children and family services, child support enforcement sctgus section.
*
*
*
§236.10. State case registry of child support orders
27
A. The secretary of the Department of Children and Family Services shall
28
create an automated state case registry of child support orders within the office of
29
children and family services, child support enforcement
vuuS
section.
Page 12 of 16
CODING: Words in ,huj LL.tou$ttype are deletions from existing law; words underscored
are additions.
H,
ENROLLED
RB NO. 389
1
B. The automated state case registry of child support orders, hereinafter
2
referred to as the “state case registry”, shall contain records with respect to each case
3
in which services are being provided by the child support enforcement
4
section and each support order established or modified in the state on or after
5
October 1, 1998.
*
6
*
*
7
0. Clerks of court in the state’s judicial districts shall provide the required
8
information to the child support enforcement a 4ccs section for use in developing
9
the state case registry.
The court shall require the parties, or the attorneys
10
representing the parties, to provide the required information to the clerics of court.
11
The Department of Children and Family Services shall enter into cooperative
12
agreements with clerks of court to provide for reimbursement of the actual costs of
13
collecting and transmitting the information required by this Section.
14
15
*
*
*
§236.12. Plan for parental participation of support; required work activities
16
*
*
*
17
B. For purposes of this Section:
18
(1) “Department” means the child support enforcement s.viccs section.
19
office of children and family services, Department of Children and Family Services.
20
21
*
*
*
§236.14. Employer reporting program
22
*
*
*
23
D.(l) An employer shall report to the Department of Children and Family
24
Services, office of children and family services, child support enforcement s v.s
25
section any of the following:
26
27
28
*
*
*
*
*
*
H.
29
(2) If a match is revealed with respect to the social security numbers in the
30
state directory ofnew hires and is in the state case registry, the state directory ofnew
Page 13 ofló
CODING: Words in sLu
k tL
1
uali type are deletions from existing law; words underscored
t
are additions.
HB No. 389
ENROLLED
I
hires shall provide the oftcc. uf child support enforcement diii section with the
2
employee’s name, address, and social security number, and the employer’s name,
3
address, and employer’s identification number.
4
5
*
*
§236.15. Limited administrative authority for certain paternity and child support
6
actions
7
A.
8
*
*
*
*
9
(1) In cases in which the Depariment ofChildren and Family Services, office
10
of children and family services, fi4j4 support enforcement s.L 1ces section, referred
11
to in this Section as “agency”, is providing services, the agency may, in cases in
12
which paternity is at issue, order all parties to submit to genetic testing.
13
14
15
*
*
*
§236.16. Child support mortgage and privilege by affidavit effect of filing
A. The director of the child support enforcement pi.,i
section, office of
16
children and family services, Department ofChildren and Family Services may cause
17
a “Child Support Mortgage and Privilege by Affidavit ofOSS DCFS”, as provided
18
in R.S. 13:4291(B), to be recorded in the mortgage records of any parish in which
19
the support obligor owns movable or immovable property, and with the office of the
20
secretary of state for inclusion in the master index authorized under R.S. 10:9-519.
21
Such affidavit when filed shall operate as a first lien, privilege, and legal mortgage
22
on all of the movable and immovable property ofthe support obligor jy from the
23
date of such filing only, and shall not affect liens, privileges, chattel mortgages, or
24
security interests as provided in R.S. 10:9-101 et seq. or mortgages already affecting
25
or burdening such property at the date of such filing. Such filing shall apply to all
26
unpaid support obligations that may accrue after such filing, and the property ofthe
27
support obligor shall be subject to seizure and sale for the payment of such support
28
obligation and arrearages according to the preference and rank ofthe lien, privilege,
29
security interest, and mortgage securing theft payment.
Notwithstanding any
Page 14 of 16
CODING; Words in st.auk tLroa1 type are deletions from existing law; words underscored
are additions.
ENROLLED
HBNO. 389
1
provision of this Subsection, such affidavit shall not operate as alien, privilege, or
2
legal mortgage on any licensed or titled motor vehicle.
3
B. The director of the child support enforcement piaiiCC.S section, office of
4
children and family services, Department of Children and Family Services, or his
5
designee, may release nil or any portion of the property subject to any lien or
6
judgment obtained pursuant to this Section from such lien or judgment, or may
7
subordinate such lien or judgment to other liens and encumbrances if he determines
8
that the support obligation and arrearages are sufficiently secured by a lien or
9
judgment on other property or through other security, or that the release, partial
10
release, or subordination ofsuch lien orjudgmentwill not endanger orjeopardize the
11
collection of support obligations or arrearages.
12
13
14
15
4’
*
*
§23 8. Unpaid child support, release of information
*
*
*
F. Nothing in this Section shall authorize the Department of Children and
section to
16
.,c—of child support enforcement
1
Family Services or the ffi
17
contract for hire with any private attorney or entity for the collection ofchild support
18
or the provision of N-fl services.
19
20
21
*
*
si...
vn.5
*
§2136.2. Louisiana Protective Order Registry
*
*
*
22
F. The judicial administrators office shall make the Louisiana Protective
23
Order Registry available to state and local law enforcement agencies, district
24
attorney offices, the Department of Children and Family Services, office of children
25
and family services, child support enforcement
26
Health and Hospitals, bureau ofprotective services, the Governor’s Office of Elderly
27
Affairs, elderly protective services, the office ofthe attorney general, and the courts.
28
$ection-BrR..&-S-1 :1442(4)-s hrtiy umeniled and rannactedtn
section, the Department of
rnnd-es-fo+Iuwtc
Page 15 ofló
CODING: Words in attuck 1
oul type are deletions from existing law; words underscored
tL
are additions.
ENROLLED
HR NO. 389
I
§1442. Definitions
As used in this Chapter, the following words and phrases shall have the
2
3
following meanings:
*
4
*
(4) “Department” means the Department of Children and Family Services,
5
6
*
office of children and family services, child support enforcement SGL
7
*
*
section.
*
LOUISIANA
APPROVED:
Page 16 of 16
CODING: Words in struck thrali type are deletions from existing law; words underscored
are additions.
ENROLLED
HOUSE BILL NO. 227
g?’-
BY REPRESENTATIVE SCHRODER
5
Edits To: r.eLL\,
7..
Note:
wte-ce• see Vcg
ACT
1
2
To amend and reenact R.S. 46:236.}4D) relative to support enforcement services; to
3
$d officers; and to provide for related matters.
1
provide for designation of
4
Belt enacted by the Legislatur of Louisiana:
5
Section 1. R.S. 49136.1.8(0) is hereby amended and reenacted to read as follows:
6
§236.1.8. Family and child support programs; additional authorized employee
actions
7
*
*
*
8
10
0. The support services authorized by this Subpart shall be provided by the
pptk cccen-a sec.4’i
c.w\a 5
office of children and family servicesrsupport Enforcomont EoMoco program. Field
11
officers responsible for supplying these services shall be designated as suort
12
t
SUlt.i.aJli
4
t
i
13
ivn.C
14
15
officers shah have the power and authority to make arrests, supervise the probation
5uewnon5&S
of offenders, serve notices, orders, subpoenasaunimius, citations, motions, and
16
writs, and to execute all warrants and orders and to perform any other duties incident
17
to their office, MI such officers are hereby authorized to ca weapons and arms,
18
concealed or openly, while in the actual perfomrnnce of any duty or while under
19
assignment to any duty, but under no circumstances shall officers be authorized to
9
analyat
.i ...L.LL4
,
13
auj.aaviapsS,
Su??uLl t.ufoicj,ua.ut
thnl SOi.ial
SiaVlCc.
.1 maiugs, suc.ial
diLi
.
1
analyLs by the secretary.
Such
Page 1 of2
CODING: Words in aLut.k tLwuth type are deletions from existing law; words underscored
are ailditions.
ENROLLED
fIB NO. 227
I
carry weapons unless they have been trained in the proper carrying and use of
2
firearms by a recognized firearm training program.
*
3
*
*
OF LOUISIANA
APPROVED:
7
Page 2 of 2
.ick t6.h type are deletions from existing law; words underscored
CODING: Words in aL 1
are additions.
•
ENROLLED
SENATE BILL NO. 614
BY SENATORS ADLEY, ALLAN, BUFFINGTON, DORSEY-COLOMB, ERDEY,
GUILLORY, HEITMEIER, MILLS, NEVERS AN]) THOMPSON ANt)
REPRESENTATIVE LORIJS SO
La. State Law Instilut
PRiNTER’S Copy
NO EDITS
vlt
ACT
1
2
To amend and reenact R.S. x
iii)) and (vi), relative to the Louisiana Military
4
46:123(D)C1
3
FamilyAssistance Board; tofovide relative to requirements for need-based claims;
4
and to provide for related
5
6
7
S
a
23(D)(1)(c)(iii) and (vi) are hereby amended and reenacted to
read as follows:
§ 123. Louisiana Military Family Assistance Board
*
9
10
11
14
17
*
third party administrator and make the following determinations:
*
*
*
(c) That all awards are need-based. Claims maybe considered need-based if
all of the following apply:
*
15
16
*
D.(l) The board shall meet as necessary to review claims adjudicated by the
12
13
atters.
of Louisiana;
Be it enacted by the Legisla
Section 1, R.S. 4
/
*
*
(iii) The undue hardship can be directly or indirectly related to the activation
of the military person.
18
19
20
*
*
*
ista Fud L, i.
11
s
3
A
. ia.a Military F.J1y cc
t
(vi) Th
fpct
tLc furnly
Page 1 of2
are deletions from existing law;
Coding: Words which are
words in boldface tvve and underscored are additions.
ENROLLED
SB NO. 614
I
able
up...ubcr’s last k.purt. The applicant or the family member has made reason
2
attempts to secure alternative fundhw throueh another proaram.
*
*
*
OH
PRESIDT
7
q7
t
I
S
ES
A
rV
U
E
O
AT
P
H
NT
S
’
1
r
GO
APPROVED:
RNOR OF HE STA1I OF LOUISIANA
I
ii
Page2 of 2
oL are deletions from existing law;
1
W
words in boldface type and underscored are additions.
;; gcN55z2
H
tSL &:
ENROLLED
HOUSE BILL NO. 977
BY REPRESENTATIVES HENRY BURNS, ADAMS, ARMES, ARNOLD, BARRAS,
BARROW, BERTHELOT, BROADWATER, BROWN, BURFORD, TIMBURNS,
CARMODY, CHAMPAGNE, CHANEY, COX, CROMER, DOVE, FANNIN,
GAiNES, GREENE, QUINN, HARRIS, HAZEL, HENRY, HILL, HODGES,
HOLLIS, HONORE, HUNTER, KATRINA JACKSON, JAMES, JEFFERSON,
JOHNSON, LAMBERT, NANCY LANDRY, TERRY LAI’4DRY, LEOPOLD,
LORUSSO, MACK, JAYMORRIS, NORTON, PONTI, POPE, PRICE, PYLANT,
REYNOLDS, RICHARD, RICHARDSON, RITCHIE, SCHEXNAYDER,
TALBOT, WHITNEY, AND PATRICK WIllIAMS AND SENATORS ADLEY,
PEACOCK, AND THOMPSON
PRINTER’S COPY
NO E?ITSL
CIaSsitic8tiOfl_—!_—_i—-—-—
-
1
2
FamilyAssistance Board; to
4
and to provide for related
Be it enacted by the Legisi
requirements for need-based claims;
if Louisiana:
(vi) are hereby amended and reenacted to
6
7
8
read as follows:
§ 123.
Louisiana Military Family Assistance Board
*
9
10
11
14
17
18
*
third party adminisfrator and make the following determinations:
*
*
*
(c) That all awards are need-based. Claims maybe considered need-based
if all of the following apply:
15
16
*
D.(1) The board shall meet as necessary to review claims adjudicated by the
12
13
j4cr
relative to the Louisiana Military
To amend and reenact R.S. 46:1
3
S
ee
AN
*
*
*
(iii) The undue hardship can be directly or indirectly related to the activation
of the military person.
*
*
*
Pagel of2
CODING: Words in struck tinciughtype are deletions from existing law; words underscored
are additions.
ENROLLED
HB NO. 977
1
. fd ia in fw.,t thc family
AL
c
(vi) Thc Luuiiaup Mltruy family 1
2
able
m..auk?s la,t rc,rt The applicant or the family member has made reason
3
attempts to secure alternative funding through another program.
*
*
4
ERI
K
5
GOV
Ø
APPROVED:
*
LOUISIANA
/7
Page 2 of 2
CODIIqC3: Words instruck thub type are deletions from existing law; words underscored
are additions.
ACT
ENROLLED
Regular Session) 2012
HOUSE BILL NO. 156
BY REPRESENTATIVE SIMON
PRINTER’S COPY
NO EDITS
Classification P .5. tj
2
CT
AN
1
To amend and reenactR.
j236.l(C) an/(D)(4) and (5) andtoenactltS.46:236.1(A)(7)
ental Nutrition Assistance Program educational
3
and (D)(6), relative to the Suppi
4
component to provide for 1
5
nutrition education services o provide forreportingrequirements oftheDepartment
6
of Children and Family S rvices; and to provide for related matters.
7
8
9
10
slative findings; to provide for requirements of
Be it enacted by the Legislatur of Louisiana:
Section 1. R.S. 46:2 6.1(C) and (D)(4) and (5) are hereby amended and reenacted
and R.S. 46:236.1 (A)(7)
§236.1.
(DXG) are hereby enacted to read as follows:
Legislative findings; Supplemental Nutrition Assistance Program
11
educational component reporting requirements
12
A. The legislature finds and declares the following:
*
13
*
*
14
(71 A nurturing family affords a child his best oppothrnitv to enloy lifelong
15
health and well-being. Therefore. any program which promotes better health for
16
children must encourage family strengthening and greater narental involvement in
17
the lives of their children if the program is to fulfill its purpose.
*
18
19
20
21
22
*
*
C. The In administering the SNAP Education program of this statq,jj
department and all subcontractors and affiliates of such program shall:
jfl utilize Utilize the Core Nutrition Messages, or any successor resources,
developed by FNS.
Page 1 of2
CODING: Words in L uck UuL type are deletions from existing law; words underscored
are additions.
ENROLLED
HB NO. 156
1
(2) Coordinate outreach arid educational efforts to the greatest possible
7
extent with those of the Women. Infants, and Children (WIC) Program of this state.
3
0. On or before March first annually, the department shall submit to the
4
House Committee on Health and Welfare and the Senate Committee on Health and
5
Welfare a comprehensive report on the SNAP Education Program. The report shall
6
include but not be limited to the following items:
*
7
undertaken in collaboration with that program.
f4)f) Analysis ofprogram outcomes and othersignificant impacts to SNAP
l0
11
*
(4) A description of any partnership with the WIC Program and efforts
8
9
*
Education service recipients.
12
f5) f Public policy recommendations for enhancing the SNAP Education
13
program and for supporting betterhealth and nutrition generally among low-income
14
families of this state.
L1
SPEAKER OF 1HE HOUS
F
SENTATWES
LOUISIANA
APPROVED:
Page 2 of 2
CODING: Words in slruc* thr.gh type are deletions from existing law; words underscored
are additions.
ñiiT_LI. L1LE
-
ENROLLED
HOUSE BILL NO, 1205
(Substitute for House Bill No. 910 by Representative Johnson)
BY REPRESENTATWE JOHNSON
PRINTER’S COPY
NO EDITS tj
Classification ‘t 5 lo
1
ANCT
2
To amend and reenact R.S. 46:236.2(A)/and (B) and 236.14(E)(3)(a) and to enact R.S.
3
6ns for child support; to provide for the transfer of
5
46:236.1.12, relative to obliga
4
an obligation for support to
5
employer reporting requ meats of the child support program; and to provide for
6
related matters.
I
a.
caretaker; to provide for procedures; to provide for
7
Be it enacted by the Legis ture of Louisiana:
8
Section 1. itS. 46:236.2(A)
9
10
11
12
reenacted and itS. 46:236.1
—
(B) and 236.14(E)(3)(a) are hereby amended and
is hereby enacted to read as follows:
236. 1.12. Transfer of child support obligation to third parts’
A. Obligations ordered for support of a child are for the use and benefit of
the child and shall follow the child.
13
B. If a child with an existing support order has a caretaker who is not the
14
obligee listed in the current support order, the department shall obtain from the court
15
that rendered the support order an amended order namina the current caretaker as the
16
obligee in accordance with the provisions of this Section.
17
C. When the current caretaker applies for sunnort enforcement services
18
pursuant to R.S. 46:6.1.2, the caretaker shall execute an affidavit stating that the
19
minor child resides with him. The affidavit shall contain the following information
20
in substantially the following form:
Page 1 of S
CODING: Words in sL k
are additions.
type are deletions from existing law; words underscored
—
ENROLLED
HB NO. 1205
I
2
AFFIDAVIT 01? CHILD(REN)’S PHYSICAL
PRESENCE IN THE CARETAKER’S HOME
3
AFFIDAVIT
the undersigned affiant
4
5
I,
6
7
do hereby certify and affirm that I am the caretaker of the minor child(ren)
named below;
8
9
That I am the apphcantlrecipient of support enforcement services on behalf
of the minor child(ren) whose name(s) appear(s) below;
10
11
12
13
14
That I lave requested that the Department of Children and Family Services,
Child Support Enforcement (DCFS, CSE) secure a court order to authorize
the child support payments that are due and payable by the obligor and/or the
obligee onbehalf of the minor child(ren) whose name(s) appear(s) below to
be redirected to me, the afflant, on behalf of the minor child(ren);
15
16
17
18
That I do hereby thither certify and affirm that the minor child(ren) whose
name(s) appear(s) below have been physically residing with me in my
residence since
located in the
, state of
parish/county of
,
Name of the Affiant
19
Nme(s) of Children
!
—
F
Date of Birth
—
I.
—
I
IF!
FFF_.F
F..
F_F!
1FF
_
F!
FH:r
IF
F
FZF.’FF
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IF!
F
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‘‘
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Fl
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,
F
F
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,
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4
F
‘FE
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F
F
FFF
FFFFF
F_F
H_F
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F.
_:._FFF
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IF
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F’
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F’
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—
‘F_F!.
F
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:FF:.F_F;.:F.iIF_FF;FF.FFFFFF_
F
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FIlm
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FF,;_FFFFFFIFF
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F,F
FF
Page 2 of 8
CODING: Words in sL uck tb±.. h type are deletions from existing law; words underscored
are additions.
ENROLLED
HE NO. 1205
I
2
I solemnly swear or affinn that the foregoing statements are true and correct
to the best of my knowledge and belief.
3
4
SIGNATURE OF AFFIANT
5
6
PRINT NAME OF AFFIANT
7
S
DAY
SUBSCRIBEDAND SWORNTOBEFOREMEONTHIS
LOUISIANA
OF_____________ AT
9
10
PRINT NAME OF ATTORNEY OR NOTARY PUBLIC
11
12
SIGNATURE OF ATTORNEY OR NOTARY PUBLIC
13
14
15
NOTARY NUMBER OF NOTARY PUBUC OR BAR ROLL
NUMBER OF ATTORNEY
16
17
-,
MY COMMISSION EXPIRES:
0. Upon receiving the anplication and affidavit pursuant to Suhction C
18
of this Sdc4’on, the department shall send written notice to the obligor and obli gee
19
at theft last known addresses through the United States Postal Service. The notice
20
shall inform the obligor and obligee of the department’s intent to redirect
21
payments to the current caretaker. The notice shall include a copy of the
22
caretakers affidavit.
23
I
E.An addition to the notice sent pursuant to Subsection 0 of this Section.
24
an attempt to contact the obligor and obligee at theft last known telephone
25
numbers or e-mail addresses shall be made when telephone numbers or e-mail
26
addresses are available in the department’s record.
27
F. At least fifteen days after mailing-written notice to the obligor and
28
obli gee. the department shall file an cx nafte motion and order to have the
29
caretaker recognized as the new obligee and have the department redirect child
30
support payments to the current caretaker.
31
32
(I) The ex narte motion shall include an affidavit executed by the current
caretaker nursuant to the provisions of Subsection C of this Section.
Page 3 of 8
CODING: Words in struck tLsough type are deletions from existing law; words underscored
are additions.
ENROLLED
MB NO. 1205
(2 The ex parte motion shall also include an affidavit executed by an
1
2
authorized representative of the department. The affidavit shall contain the
3
following information in substantially the following form:
4
AFFIDAVIT OF RECEIPT OF SERVICE AND NOTICE
5
AFFIDAVIT
an authorized
6
7
I,
8
representative of the Department of Children and Family Services, Child
Support Enforcement hereby certify and affirm:
Name of the Affiant
9
10
11
That support enforcement services are behig furnished to
12
The following efforts have been made to give the obligor reasonable notice
of the departments intent to redirect child support payments to the current
caretaker. The obligor has not notified the department that (s)he objects to
the redirection of support payments.
Caretaker
13
14
15
16
ActionTaken
Date ofiActionIII
TIf
JI
If
1ff
[I
I’
I
I
I
3
I,
!
—
13
,—
3
—II
The following efforts have been made to give the obligee reasonable notice
of the departments intent to redirect child support payments to the current
caretaker. The obligee has not notified the department that (s)he objects to
the redirection of support payments.
17
18
19
20
DateofAöfton
21
I
II
[:1
I
II
r
I
I
IT
Action. Taken
I
—
TI
i
I
Page 4 of 8
CODING: Words in stru.k t6h type are deletions from existing law; words underscored
are additions.
ENROLLED
HB NO. 1205
1
2
1 solemnly swear or affirm that the foregoing statements are true and correct
to the best of my knowledge and belief
3
4
SIGNATURE OF AFFIANT
5
6
PRINT NAME OF AFFIANT
7
8
SUBSCRIBED AND SWORN TO BEFORE ME ON THIS
, LOUISIANA
AT
OF
DAY
9
10
PRINT NAME OF ATTORNEY OR NOTARY PUBLIC
11
12
SIGNATURE OF ATtORNEY OR NOTARY PUBLIC
13
14
15
NOTARY NUMBER OF NOTARY PUBLIC OR BAR ROLL
NUMBER OF ATTORNEY
16
MY COMMISSION EXPIRES:_____________________
17
G. Upon submission of the cx parte motion, order, and affidavits, the court
18
shall determine whether the department has made sufficient efforts to notify the
19
obligor and obligee of the department’s intent to redirect child support payments to
20
the current caretaker. Upon finding that the deuartment has made sufficient efforts,
21
the court shall:
22
23
24
25
26
27
28
29
30
31
(fl Issue an interim order naming the current caretaker as the obligee and
authorizinE the department to redirect uayments to the current caretaker, and
(2 Issue a rule to show cause ordering the obligor and obligee to appear and
show cause why the interim order should not be made permanent.
H. The rule to show cause shall be set for a hearing not more than thirty days
after the court signs the interim order.
I. The interim order shall remain in effect until the rule to show cause is
heard and ruled upon by the court or-until the court orders othenvise.
3. The provisions ofthis Section shall not change the legal custody of a child
or affect the rights and obligations of a parent relating to a child.
Page 5 of 8
ugh type are deletions from existing law; words underscored
1
CODING: Words in struck tL
are additions.
ENROLLED
HE NO. 1205
1
§236.2. Amendment of support orders
2
A.(1) The department or district attorney may, by a written motion together
3
with a written certification from the department that support enforcement services
4
are being furnished to the individual, to the current caretaker of any individual
5
receiving support benefits, or to the payor of any support benefits for such
6
individual, obtain an order to require any person under an order to support such
7
individual or caretaker to make such support payments payable to the department.
8
9
(2) Notwithstanding the provisions of R.S. 13:1599(B), in cases receiving
support enforcement services from the department, upon the £4tict attviuc.y’a vi
Un.
10
d...partaa.ut’s motion of the district attorney or the department to transfer, a support
11
orderpayable to the department shall be transferred for subsequent enforcement and
12
modification to the appropriate juvenile court within the parish wherein the support
13
order was rendered or last registered, except in East Baton Rouge Parish.
14
B,(1)(a) Any interested party may by a written motion, together with a
15
written certification from the department that the department is not presently
16
furnishing and does not contemplate furnishing F1TAP for or on behalf of an
17
individual and that no services are being rendered by the department on behalfofthe
18
individual, obtain from the court to which the order to support the individual had
19
previously been transferred, an amended order to require that support payments be
20
made payable to the individual or current caretaker instead of the department
21
(b) If the support order was originally established in juvenile, family, or
22
district court, any interested party may, by written motion, together with a written
23
certification from the department that it is not presently iiirnisbing and does not
24
contemplate furnishing FITAP for or on behalf of an individual and that no support
25
enforcement services are being rendered by the department, obtain from the court
26
which rendered the order of support, an amended order requiring payments in
27
accordance with the order to be made to the individual or current caretaker instead
28
of the department. When the motion is granted, the individual or current caretaker
29
to whom support is owed shall be the proper party to enforce the support obligation
30
or any arrears owed.
Page 6 of 8
CODING: Words in sh-ucb. tkuujdype are deletions from existing law; words underscored
are additions.
HE NO. 1205
ENROLLED
/1
‘7
1
(c) As used in this Pzaagraph Section, “interested party” shall include only
2
the department, district attorney, contract attorney providing sunport services
3
pursuant to Title 1’(’-D, the person owing the support obligation, or the individual or
4
current caretaker to whom the support obligation is owed.
S
(2)(a) Notwithstanding theprovisions ofLS. 13:1599(B), in cases receiving
Lh
6
support enforcement services from the department, upon the LLtI LL..t atto..’
7
&p&tsw&ut’S
8
order amended to change the payee to the individual or current caretaker instead of
9
the department under this Subsection, shall be transferred for subsequent
10
enforcement and modification to the appropriate court which was enforcing the
11
support order prior to its transfer under Paragraph (A)(2) of this Section.
12
(b)
motion of the district attorney or the department to transfer, a support
Notwithstanding the provisions of R.S. 13:1599(B), in cases not
13
receiving support enfàrcement services from the department, upon motion to transfer
14
by the interested party, a support order amended to change the payee to the
15
individual or current caretaker in accordance with Subparagraph (1)(b) of this
16
Subsection shall be transferred for subsequent enforcement and modification to the
17
district or family court in the same parish as thejuvenile court transferring the order.
*
18
19
22
*
§236.14. Employerreportingprogram
20
21
*
*
*
*
*
*
*
E.
Page 7 of 8
CODING: Words in sh ak through type are deletions from existing law; words underscored
are additions.
ENROLLED
HR NO. 1205
I
(3) The report shall contain all of the following:
2
(a) The employee’s name, address, social security number, and occupation:
3
and the date services for remuneration were first performed by the employee.
4
LOUISIANA
APPROVED:
Page 8 of S
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
--
Li
‘
k\
rrr
‘.icç
4J
ENROLLED
HOUSE BILL NO. 224
BY REPR.ESENTAT1VE ARMES
PRINTER’S COPY
fl___t___i
_
6
CIassihCatiO
—
I
ANCT
2
To amend and reenact itS. 46:236.3(E)(lAa), (G), and (0), relative to child support
3
enforcement; to provide for withhol
4
liability of persons who honor
5
related matters.
6
7
8
9
10
gs for support; to provide with respect to civil
income assignment order; and to provide for
Be it enacted by die Legislature of ouisiana:
Section 1. itS, 46:236.3 )(1)(a), (0), and (0) are hereby amended and reenacted
to read as follows:
§236.3. Enforcement of support by income assignment
*
*
*
11
E.(l)(a) Upon receipt of a notice to withhold, the payor of income shall
12
withhold from the income of the obligor the amount ordered for support, as it
13
becomes due, together with an additional sum, determined by the obligee, subject to
14
the limitations provided byR.S. 13:3881, to discharge thepust due amount, and shall
15
continue the withholding each payperiod or each singular or periodic payment until
16
further order of the court or until the requirements in Subparagraph (+3(b) of this
17
Subscction Paraph have been met. The plu)t.at o payor of income must
18
implement withholding no later than the first pay period or first singular or periodic
19
payment that occurs following receipt of the notice of income assignment and mtlst
20
shall remit amounts withheld within seven days.
21
*
*
*
22
G. Anyperson whose income is assigned under the provisions of this Section
23
shall advise the court of any change in his employment during the effective period
24
of:assignment and shall advise the court of the name and address of any new
Page 1 of2
CODING: Words in sU k thugh type are deletions from existinglaw; words underscored
are additions.
ENROLLED
HB NO. 224
payor of any singular or periodic payment of income. The information
1
&uAoy
2
which shall be
required herein shall be filed with the clerk of court on a form
3
Services.
developed and distributed by the Department of Children and Family
4
ions
up1oy... vrpayor of a person whose income is assigned under the provis
The
of this
5
the obligor
Section shall inform the assignee in writing within ten days when
6
provide the
terminates employment or the payment of income terminates and
7
r’s new
obligor’s last known address and the name and address of the obligo
8
tion may
employer, ifknown. Any person who violates the provisions of this Subsec
9
be found guilty of contempt of court.
*
10
*
*
11
0. An suipIuji A vayor who complies with a notice to withhold issued in
12
accordance with this Section shall not be subject to civil liability to any person or
13
agency with regard to the employcr’s pavor’s withholding of support from the
14
obligor’s income.
OF LOUISIANA
GOVRN
APPROVED:
Page2 of2
CODING: Words ins&ttek-throughtype are deletions from existing law; words underscored
are additions.
ENROLLED
HOUSE BILL NO. 481
PRINTER’S COPY
NO EDITS
Classification P 5
BY REPRESENTATWE PATRICK WILLIAMS
¼
ACT
I
9
To amend and reenactR.S. 46:236.15(fljl)(a), relative to the Department of Children and
3
Family Services’ limited ad,tinistrative authority for certain paternity and child
4
support actions; to clarify ate law regarding unemployment insurance collections
5
with respect to child
6
provide for related
I
7
8
9
10
11
12
pport overpayments to comply with federal law; and to
tters.
Be it enacted by the Legis attire of Louisiana:
Section 1. KS. 46:236.15(D)(1)(a) is hereby amended and reenacted to read as
follows:
§236.15. Limited administrative authority for certain paternity and child support
actions
*
*
*
13
D. Authority to seize and intercept.
14
(I) In cases in which there is a child support aearage or child support
15
overpayment made to a custodial parent, and after notice of such arrearage or
16
overpayment has been made by certified or regular mail, personal service, or
17
domiciliary service, the agency shall have the administrative authority to:
18
(a) Intercept, encumber, freeze, or seize periodic or lump sum payments
19
from a state or local agency or any entity licensed or permitted by any slate agency
20
or board under Chapters 1, 4, 5, or 7 of Title 27 of the Louisiana Revised Statutes of
21
1950, including but not limited to unemployment compensation benefits, workers’
22
compensation, and other benefits, judgments, settlements, lottery winnings,
23
progressive slot machine annuities beginningwith the second annuitypayment, cash
24
gaming winnings, assets held in financial institutions, and public and private
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are additions.
ENROLLED
JiB NO. 481
I
retirement funds. However, child support overpavments are excluded from recovery
2
from imemnlovment comnensatian benefits.
3
providing general exemptions from seizure are applicable to the provisions of this
4
Subparagraph. After the agency encumbers, intercepts, or freezes any assets set out
5
laths Subsection, it shall notit’ the payor that lie has thirty days to advise the
6
agency that he wishes to appeal the seizing of said assets. Upon receipt of such
7
notice, the agency shall either release the property or schedule a hearing with the
8
appropriate court. If the payor fails to file an appeal within thirty days, the agency
9
may instiffite proceedings through administrative process to seize or sell the property
10
provisions of R.S. 13:3881
in.accordance with state law.
11
*
*
*
A!
SPEAKER OF THE HOUSE,,,4ESENTAT1VES
PRESID
THES
GOVRNR STAfF LOUISIANA
APPROVED:
Page 2 of 2
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are additions.
ACT
ENROLLED
SENATE BILL NO. 215
PRINTER’S COPY
NO EDITS LJQ
R 5
Classification
BY SENATOR MILLS
I
2
To enact Subpart B of Part H of Chapter 3 of Titl 46 of the Louisiana Revised Statutes of
3
1950, to be comprised of R.S. 46:290.1! and Subpart P of Part I of Chapter 1 of
4
Subtitle U of Title 47 of the Louisiana Evised Statutes of 1950, comprised of R,S,
5
47:120.39, relative to fraud and abuse detection and prevention with regard to the
6
gram; to create and provide for donations to
1
7
Supplemental Nutrition Assistance Pr
7
the SNAP Fraud and Abuse Dete ion and Prevention Fund; to provide for
S
investment and appropriation of moijies in the fund; to provide relative to donation
9
of tax refunds; and to provide for re ated matters.
10
11
I
13
14
Be it enacted by the Legislature of Louisi
a:
Section 1. Subpart E of Part Ho Chapter 3 of Title 46 of the Louisiana Revised
Statutes of 1950, comprised of R,S. 46:270.1 is hereby enacted to read as follows:
SUBPART IL SNAP FRAUD AN]) ABUSE DETECTION AND PREVENTION
5290.1. SNAP Fraud and Abuse Detection and Prevention Fund
15
A. The SNAP Fraud and Abuse Detection and Prevention Fund.
16
hereafter referred to as the flfundT. is hereby created in the state treasury as a
17
special fund. The monies in the fund shall be invested by the state treasurer in
18
the same manner as monies in the state general fund and interest earned on the
19
investment of monies in the fund shall be credited to the fund. All unexpended
20
and unencumbered monies in the fund at the end of each fiscal year shall
21
remain in the fund.
22
B. After compliance with the requirements of Article WI. Section 9(Th
23
of the Constitution of Louisiana relative to the Bond Security and Redemption
24
Fund, and prior to monies being placed in the state general fund, all monies
25
received pursuant to the provisions of R.S. 47:120.39 shall be deposited into the
26
fund.
t
27
I00
I
C. The monies in the fund shall not be used to replace, displace, or
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ENROLLED
SB NO. 215
I
supplant state general funds appropriated for the daily operation of the
2
Department of Children and Family Services and may be appropriated by the
3
legislature only to enhance fraud and abuse detection and prevention activities
4
related to the Supplemental Nutrition Assistance Program.
5
Seofiesubpa*Pff&H-ofehaptertofSflMit1WnfTitlF47Ofthetouisianr
6
7
SUBPART P. SNAP FRAUD AND ABUSE DETECTION ANT) PREVENTION
8
FUND CHECKOFF DONATIONS
S120.39. Donation of individual income tax refunds and other contributions to
9
the SNAP Fraud and Abuse Detection and Prevention Fund
10
11
A.(1I For tax years beginning on and after January 1, 2013. every
12
individual that files an individual income tax return is authorized to do any of
13
the following:
14
(a) Designate on the return for such tax all or a portion of the total
15
amount of the refund to which such taxpayer is entitled for that tax year as a
16
donation to the SNAP Fraud and Abuse Detection and Prevention Fund
17
provided for in R.S. 46:290.1 In lieu of that amount beine paid to the taxpayer
18
as a refund, in which case the refund shall be reduced by the amount so
19
designated.
20
.
(b) Whether or not the taxpayer is entitled to a refund, a taxpayer may
21
make an additional donation to the SNAP Fraud and Abuse Detection and
22
Prevention. Fund provided for in R.S. 46:290.1 by paying the amount of such
23
donation in addition to any tax or refund due for the year and designating the
24
donation on the return for such tax.
25
(21(a) The designation and a payment for an additional amount shall be
26
made at the time of the filine of the return and upon the return form in the
27
manner provided by the secretary of the Department of Revenue.
28
29
30
1/
(b) No donation made under the provisions of this Section shall be
invalid for lack of an authentic act
B. Upon receipt of any taxpayer’s return upon which the designation of
Page 2 of 3
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V
/
ENROLLED
SB NO. 215
2
donation has been made, the
a refund donation or the payment of an additional
donation from the amount of
secretary shall, after having deducted the refund
3
state treasurer for deposit
any refund due. remit any such donation to the
4
Detection and Prevention Fund
directly into the SNAP Fraud and Abuse
5
shall be administered by the
provided for in RS. 46:290.1. Donated monies
6
secretary of the Department ofRevenue and distributed to
the SNAP Fraud and
7
Abuse Detection and Prevention Fund in accordance with
the provisions of R.S.
8
47:120.37.
V”
j—
9
n shall not be
C. Donations made under the provisions of this Sectio
10
Chapter 1 of
considered part of the taxes collected and administered under
11
as amended,
Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950,
12
the administrative
and are not subject to enforcement or collection under
13
ana Revised
provisions of Chapter 18 of Subtitle II of Title 47 of the Louisi
14
Statutes of 1950, as amended.
15
that the check1’
Section 3. The secretary of the Department of Revenjp shØfiure
16
EA_-rs
00
L’4
z...oiLNo.L,35/
in a prominent place. k
offboxes for donations authorized by this Actare placed on tal&fturns
I
17
or or, if not
Section 4. This Act shall become effective upon signyfure by the govern
18
without signature
signed by the governor, upon expiration ofthe time forbill a become law
19
of Louisiana, If
by the governor, as provided by Article ifi, Section 18 f the Constitution
20
vetoed by the governor and subsequently approved b/the legislature, this
21
effective on the day following such approval.
Act shall become
SENTAT1VES
O
E
7
GOVERNOR OF
Jr
LOUISIANA
APPROVED:
boa
Page3 of3
thuugl are deletions from existing law;
Coding: Words which are struck 1
‘.‘T
ENROLLED
HOUSE BILL NO. 545
PRINTER’S COPY
NO EDITS
Classification P S. S’S
BY REPRESENTATIVE PEARSON
PRINTER’S COPY
NO EDITS
rlassification R. S ‘-\
a-”
/
.
1
2
3
U
To enact R.S. 33:2957 and R.S. 46:1073./relative to hospital service districts and certain
‘
CR
/
hospitals; to authorize and y6vide relative to investments of hospital service
4
districts, including certain
5
to provide for related
6
AN/ACT
Be it enacted by the Legisla
spitals; to provide for limitations and procedures; and
tters,
e of Louisiana:
7
Section 1. itS. 3 :2957 is hereby enacted to read as follows:
8
2957. Investments of hospital service districts
9
10
Any hospital service district may invest its Rinds as provided by R.S.
46:1073.1. except as provided therein.
11
12
H073.1. Hospital service districts; investments
13
A. Notwithstanding any provision of law to the contrary, a hospital service
14
district may invest its fImds as provided by law for investment of fhnds of the
15
Louisiana State Employees Retirement System, including but not limited to R.S.
16
11:263: however, any such investment maybe made only in compliance with rules
17
and regulations established by the hospital service district commission and in
18
compliance with the provisions of R.S. 11:263 and any other law which provides for
19
investments in which funds of the Louisiana State Employees Retirement System
20
may be invested.
/
21
22
B. This Section shall be applicable to a hospital service district as defined
in itS. 46:1472. other than a hospital owned by the state.
Page 1 of2
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are additions,
ENROLLED
FIB NO. 545
1
Section 3. This Act shall become effective on
ifveto ed by the governor
2
and subsequently approved by the legislature,
Act shall become effective on July 1,
3
2012, or on the day following such
legislature, whichever is later.
%c(?
LOUISIANA
APPROVED:
Page 2 of 2
CODING: Words in
are additions.
tluuughtype are deletions from existing law; words underscored
cts,
ENROLLED
SENATE BILL NO. 758
(Substitute of Senate Bill No. 571 by Senator Mills)
BY SENATOR MILLS AND REPRESENTATIVES BARRAS, STUART BISHOP,
CHAMPAGNE, HENSGENS, NUVAL, NANCY LANDRY, TERRY
LANDRY, LEBAS, NORTON, ORTEGO, PIERRE AND ROBIDEAUX
PRINTER’S COPY
NO EDITS
Classification R S
AN
1
2
To enact Chapter 10-D of Title 46 of 9/e Louisiana Revised Statutes of 1950, to be
3
h 1196, relative to a healthcare service district
4
comprised of R.S. 45:1 191 thrq
4
within Department of Healthftd Hospitals’ Region IV; to provide such authority to
5
create the healthcare serj4 district; to provide for the governing board for the
6
healthcare service dlistric to provide for the membership ofthe governing board and
7
for the appointment, te
8
matters.
9
10
I
‘I—.
,
s, and compensation ofthe board; and to provide for related
Be it enacted by the Legis two of Louisiana:
Section 1. Cha or I 0-D of Title 46 of the Louisiana Revised Statutes of 1950,
11-
comprised of R,S. 46:1(91 through 1196 is hereby enacted to read as follows:
12
CHAPTER 10-1). HEALTHCARE SERVICE DISTRICT
14
-
DEPARTMENT
OF HEALTH AND HOSPITALS’ REGiON IV
13
§1191. Legislative intent
15
it is the intent of the legislature to allow the governing authority of the
16
parish or the governine authorities of parishes that are located within the
17
Department of Health and Hospitals’ Region IV. upon their own initiative, to
18
form and create a healthcare service district to support the provision of
19
inpatient and outpatient healthcare services within the Department of Health
20
and Hospitals’ Reelon IV.
21
61192. Definitions
22
23
“Us
CT
As used in this Chapter and unless the context clearly requires
otherwise:
Page 1 of5
Lack thiuuah are deletions from existing law;
Coding Words which are 0
ENROLLED
SB NO. 758
1
(U” Department” means the Department of Health and Hospitals.
2
(2) “District”means the healthcare service district authorized in this
3
4
5
6
(3) “Governing board” means the governing board of the healthcare
service district.
(4) “Secretary” means the secretary of the Department of Health and
7
Hospitals.
8
61193. Authority
9
The governing authority of a parish or the governing authorities of the
10
parishes that are located within the department’s Region IV. uiwn their own
11
initiative, are hereby authorized and empowered to form and create a
12
healthcare service district
13
61194. Purpose
14
15
The purpose of the healthcare service district and the governing board
created under the provisions of this Chapter shall be:
16
(1)To identify local public sources of revenue or expenditure that may
17
be used by the department as state match to draw down federal matching funds
18
for the provision of healthcarc services for the low income and uninsured
19
population of the district. Notwithstanding any other provision of law to the
20
contrary. the district or governing board shall have no authority or governance
21
of the hospital service districts and shall have no authority to collect or cause to
22
be collected any hospital service district monies. funds, or assets.
23
24
25
26
1408
Chapter.
(2) To participate, so far as circumstances may warrant, in any activity
designed and conducted to promote the general health of the community.
(3) To promote and support graduate medical education activities in the
respective communities.
27
(4) To cooperate with other institutions and agencies engaged in
28
providing hospital and outpatient health services to residents of the district for
29
the purpose of improving access to care for residents of the district.
30
61195. Powers and duties of governing board
Page 2 of 5
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C
ENROLLED
SB NO. 758
1
2
3
4
5
6
7
‘ma
V
A. In addition to the duties defmed elsewhere in this Chanter, the
governing board shall have the duty and authority:
(1) To represent the public interest in supporting healthcare services in
the district.
(2) To advise on issues concernine the provision of healthcare services
for the low income and uninsured population of the district.
(3) To conduct public hearings and share public input on the
8
conununitys priorities for the provision of healthcare services in the district
9
10
(4) To appoint the necessary standine and special committees that may
V
be necessary to carry out the purposes of this Chapter.
11
(5) To enter into contracts, agreements, or cooperative endeavors with
12
the state and its political subdivisions and with any public or private
13
association, corporation, business entity or person to promote the public
14
purposes of the district
15
B. The secretary of the department shall review each such agreement,
16
includine a plan for the use of state Medicaid and disproportionate share
17
dollars. If the secretary finds that the agreement and plans are sufficient to
18
support medical care for low income and uninsured population of the district
19
and the funds are dielbie for federal matchine funds to be reimbursed, he shall
20
verify that finding to the governing board.
21
C. The governing board shall collect or cause to be collected all public
22
monies identified by the district as available for the purpose of servine as state
23
match for federal matchine funds to ensure the provision of healthcare sen’ices
24
delivered for the low income and uninsured population of the district.
25
B. The department shall make available for reimbursement these local
26
and federally matched funds to the designated providers in the district to ensure
27
the continued provision of healthcare services for the low income and uninsured
28
population of the district.
29
E. Neither the division of administration nor the department shall
30
displace, replace, or supplant state appropriations from the state eeneral fund
Page3 of5
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L
ENROLLED
SB NO. 758
1
2
F. The governing board shall submit any reports or information related
3
or the
to the healthcare service district to the secretary of the department
4
of the
Senate and House committees on health and welfare upon request
5
secretary or the chairman of either committee.
6
1196. Governing board; membership; appointment; terms; compensation
7
8
A.(1) For a district created pursuant to this Chpter. the district shall be
governed by a governing board.
9
(2The governing board shall be comprised of the foI1owin members:
10
(a The president of each parish governing authority within the
ii
12
13
14
15
16
17
18
19
20
21
22
23
24
11GB
or other state funds designated for the district.
department’s Region IV, or his designee.
(b)The secretary of the Department of Health and Hospitals, or his
designee.
(c’ The executive director of the Louisiana Hospital Association, or his
designee.
er of
(d The executive director of the Greater Lafayette Chamb
Commerce. or his designee.
or his
(el The hospital administrator for University Medical Center,
designee.
r
B. All appointees shall serve terms of three years. No board membe
shall serve more than two three-year consecutive terms.
r
C. A vacancy on a governing board shall be filled in the same manne as
required for the original appointment.
P. Each governing board member shall serve without compensation
but
25
the
shall be reimbursed for expenses and mileage at the same rate set by
26
nce
division of administration for state employees for each day in actual attenda
27
in an
at governing board meetings or for representing the governing board
28
official governing board-approved activity.
29
E. The chairman shall be elected by a maiority yote of the governing
30
ing
board. The term of the chairman shall be establlshed under the govern
Page 4 of S
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I--
ENROLLED
SB NO. 758
1
2
board’s bylaws.
F. The governing board shall adopt bylaws to provide for
its governance
3
include but not be
within ninety days of being established. Such bylaws shall
4
limited to:
5
officers, including
(1) Procedures for the election of governing hoard
ing board officers
6
terms of office and methods and grounds for removal. Govern
7
ry.
shall include, at a minimum, a chairman, treasurer, and secreta
8
9
ing board
L2 Procedures and grounds for the removal of any govern
. Grounds
member. Grounds for removal shall include the conviction of a felony
10
ments, as
for removal may include failure to meet board attendance require
11
provided in the bylaws.
12
t to the
G. AU governing board members of the district shall be subjec
13
board or of his
Code of Governmental Ethics. No member of the govcrnrng
14
or private
immediate family shall own or have any interest in any public
15
organization, business, company, or entity conducting busine
16
shall not prohibit
the district. The prohibition provided for in this Subsection
17
ts or employment
members of the governing board from having contrac
18
whose purpose is
agreements with healthcare institutions or organizations
19
directly related to health care.
ss of any kind with
SPEAKER OF
H
S
F REPRESENTATIVES
F THEkTE OF LOUISIANA
7
EENOR f
_
Y
9
APPROVED: ..2g.ALijiit1ta
I
PageS of5
g
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ns.
additio
are
words in boldface type and underscored
d4r\
L ____t_4!’
ENROLLED
1-IOUSEBILLNO. 1016
PRINTER’S COPY
NO EDJTS LClassification cc S
BYREPRESENTATIVEPOPE
7ANCT
1
2
To amend and reenact R.S. 46:1409(
a-
),
1413(N), and 1414 and to enact R.S.
3
46:1409(B)(lO) and 1413(A)(7) relative to child day care; to provide for rules,
4
regulations, and standards for U eased day care centers; to provide for certain duties
5
ofthe Department of Childre and Family Services relative to regulation of day care
6
centers; to provide for req irements of the Louisiana Advisory Council on Child
7
Care and Early Educatio
8
9
10
11
, and to provide for related matters.
Section 1. R.S. 46:1 09(A), 1413(N), and 1414 are hereby amended and reenacted
and R.S. 46:1409(B)(10)
§ 1409.
d 1413(A)(7) are hereby enacted to read as follows:
Rules, regulations and standards for Class A licenses
12
A. The department shall promulgate rules and regulations for Class A
13
facilities to carry out the provisions of this Chapter in accordance with the provisions
14
of the Administrative Procedure Act. The department shall seek innut and anidance
15
from the Louisiana Advisory Council on Child Care and Early Education concerning
16
the proposed rules and regulations, and shall submit the proposed rules and
17
regulations for approval in accordance with the Administrative Procedure Act. The
18
&pus Lunnt al.all 0
k inpUt &nd
19
Child C d Ely Edutn, puuant to KG. 46:1414, sunt..aim*g piupua.A
20
.ks, ieguhiUuna d stdda f llcnsu f Cluaa A day tn
21
h ItS. 46:1403(A)(4).
24
&
&fiud
B. The rules and regulations developed by the department, at a minimum,
22
23
m tin, LoiL,iuaip Achiauiy Cumal On
fl
shall:
*
*
*
Page 1 of3
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.J.. th ibth type are deletions from existing law; words underscored
are additions.
ENROLLED
1113 NO. 1016
1
(10 Include procedures that allow a day care center to remedy certain
2
onsite
deficiencies immediateZy upon identification by the department in an
3
does
inspection, provided that any deficiency that may be remedied in such manner
4
not constitute a critical violation of licensing standards as determined by the
5
department.
*
6
7
S
9
*
*
§1413. Rules, regulations, and standards for Class B licenses
A. The department shall promulgate rules and regulations in accordance with
the Administrative Procedure Act These rules shall:
*
10
*
*
11
(7 Include procedures that allow a day care center to remedy certain
12
deficiencies immediately upon identification by the department in an onsite
13
inspection, provided that any deficiency that maybe remedied in such manner does
14
not constitute a critical violation of licensing standards as determined by the
15
department.
*
16
17
*
*
N. The department shall seek input and guidance from the Louisiana
tu itS. 40.1414,
18
Advisory Council on Child Care and Early Education,
19
concerning proposed rules, regulations, and standards for liu.SuIc of Class B day
20
care centers ..,
21
of this Section.
22
§ 1414. Louisiana Advisory Council on Child Care and Early Education
LLUIL
LU
L
3
in R.S. 4G; 1403(A)(4) promulgated pursuant to the provisions
‘4
23
A. The department shall through the promulgation of rules and regulations,
24
pursuant to the Administrative Procedure Act, create the Louisiana Advisory Council
25
on Child Care and Early Education, referred to hereafter in this Section as the
26
“council”. The rules and regulations shall provide for membership, terms, voting
27
procedures, quorum, arid any other matters hid. j are necessary for the creation
28
and maintenance of the council.
V
29
30
B, The Louisin Athia.sry Couci1 oi Child
aud liuly tdu4io
council shall provide input and guidance to the department on matters pertaining to
Page 2 of 3
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are additions.
r
ENROLLED
HE NO. 1016
of Class A aJ Class I] j day care
I
rules, regulations, and standards for
2
rules,
centers as defined in R.S. 46:1403(A)(4). including but not limited to
3
regulations, and standards for Ii censure.
4
C. The council shall transmit the minutes of each meeting of the council to
S
the House Committee on Health and Welfare and the Senate Committee on Health
6
and Welfare.
GOVERN
APPROVED;
i
OF TB ¶TATE
it’
(/7”
7
(I
LOUISIANA
Page3 of3
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are additions.
,ack tIuh type are deletions from existing law; words underscored
ACT
ENROLLED
-
HOUSE BILL NO. 861
BY REPRESENTATIVES SIMON AND LEGER AND SENATOR JOHNS
PRINTER’S COPY
NO EDITS
Classification 1? 5.
1
AN ACT
2
To amend and reenact R.S.46:1421 and/o enact R.S. 46:1430, relative to child care
3
fidiities and child-placing agenci,s; to provide relative to the penalty for operating
4
without or in violation of licenae; to authorize the Department of Children and
5
Family Services to issue a written warning which includes a corrective action plan,
6
in lieu of revocation, for ce
7
for failure to comply with/corrective action plan; to require the department to adopt
8
rules and regulations pr viding for notice and appeal procedures; to authorize the
9
department to institut/civil court actions to collect fines; to create the Child Care
in violations; to provide for the issuance of sanctions
; to provide for the use and administration of the fund; to
10
Licensing Trust F
11
provide an effectiv date; and to provide for related matters.
12
13
14
15
Be it enacted by the Legi ature of Louisiana:
Section 1. R.S. 4:1421 is hereby amended and reenacted and R.S. 46:1430 is hereby
enacted to read as fo,Zf’ows:
§ 1421. Operating without or in violation of license; penalty
16
Whoever operates any child care facility or child-placing agency, as defined
17
in ItS. 46:1403, without a valid license issued by the department shall be fined not
18
less than aic.uty-fivt. dolIar nut
19
for each day of such offense.
20
21
*
niutt. than tWu
*
lsunthcd fitly one thousand dollars
*
U430. Operating in violation of regulations; penalties and fines
22
ASP) For violations related to supervision, criminal history record checks.
23
the state central registry disclosure process, staff-to-child ratios, motor vehicle
24
checks, or failure to report critical incidents, the Department of Children and Family
Page 1 of4
h type are deletions from existing law; words underscored
1
CODING: Words in L auk LL
are additions.
ENROLLED
MB NO. 861
1
Services may issue a written warning that includes a corrective action plan. in lieu
2
of revocation, upon any person or entity violating these requirements if such
3
condition or occurrence does notpose an inuninent threat to the health, safety, rights.
4
or welfare of a child. Failure to implement a corrective action plan issued pursuant
5
to this Section may result in either the assessment of a civil fine or license revocation
6
ormay result in loth actions being taken by the department. Such civil fine shall not
7
exceed two hundred fifty dollars per day fbr each assessment; however, the
8
aggregate fines assessed for violations determined in any consecutive twelve-month
9
period shall not exceed two thousand dollars,
10
(2) The denartment shall adopt rules in accordance with the Administrative
11
Procedure Act which articulate factors in determining the type of sanction imposed
12
including the severity of risk, the actual harm and mitigating circumstances, the
13
failure to implement a written corrective action plan, the history of noncompliance.
14
an explanation of the treatment of continuing and repeat deficiencies, evidence of a
15
uood faith effort to comply, and any other relevant factors. The department shall
16
develop and adopt rules and regulations required by this Paragraph with input and
17
guidance from the Louisiana Advisory Council on Child Care and Early Education,
18
on shall commence on the
4
The authority to impose sanctions pursuant to this Se
19
effective date of the rules promulgated pursuant to this shon.
20
B. The department shall adopt rules and regulations in accordance with the
21
Administrative Procedure Act to provide for notice to the child care facility or child-
22
placing agency of any violatiop for a departmental reconsideration process for
23
sanctions issued, and for an appeal procedure including judicial review. Such appeal
24
shall be suspensive, All appeals pursuant to this Suliection shall be heard by the
25
division of administrative law pursuant to Chanter 13-B of Title 49 ofthe Louisiana
26
Revised Statutes of 1950. The division shall furnish to the facility or aaency a copy
27
of the decision, together with notice of the manner for requesting judicial review.
28
During the pendency of an appeal, a child care facility or child-placing agency may
29
continue to receive funding for services provided to those eligible children as
30
determined by the departmenL
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ENROLLED
NB NO. 861
1
C. The department may institute any necessary civil court action to collect
2
fines imposed and not timely appealed. No child care facility or child-placing
3
agency shall claim imposed fines as reimbursable. Interest shall begin to accrue at
4
the current judicial rate on the day following the date on which any fines become due
S
and payable. All costs of any successful action to collect such fines, including travel
6
expenses and reasonable attorney fees, shall be awarded to the department in
7
addition to the fines.
8
9
flfl) Civil fines collected pursuant to the provisions of this Section shall be
denosited immediately into the state treasury.
/
Vt
10
(2) After compliance with the requirements of Article VII, Section 9(B) of
11
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
12
and prior to the monies being placed in the state general fbnd, an amount equal to the
13
amount deposited as provided in Paragraph (11 of this Subs’&ction shall be credited
14
to a special fund hereby created in the state treasury to be known as the “Child Care
15
Licensing Trust Fund”. hereinafter referred to as “the fund”. The monies in the fund
16
shall be subject to annual appropriation and shall be available exclusively for use by
17
the Department of Children and Family Services for the education and training of
18
employees, staff, or other personnel of child care facilities and child-placing
19
agencies.
I
•
.
/
20
(3) The monies in the Ihnd shall be invested by the treasurer in the same
21
manner as the monies in the state general fund, and all interest earned from the
‘7
investment ofmonies in the fund shall be deposited in and remain to the credit ofthe
Page 3 of 4
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are additions.
Uugh type are deletions from existing law; words underscored
ENROLLED
HBNO. 861
1
ftmd. All unexpended and unencumbered monies remaining in the hind at the end
7
of the fiscal year shall remain in the hind.
3
Section 2.
1, 2O3.
SPEAKER OF THE HOUSE
P
-
SENTATIVES
PRESIDENT ‘THfENAm
II
COVE
APPROD:
OR OF THEN
‘I
II
I.
Page 4 of 4
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are additions.
‘2
’
jJ
PRINTER’S COPY
NO EDITS
cIassiIication__.t1____
_
PRINTER’S COPY
NO EDITS
classification R S.
.
La. State Law Institut
PRINTER’S COPY e
EditsTo: tS iS Pg
s. !5
Note. .y
vcre
See 4cr 71’7
.
-
Copy
J3-I5 tO
PRINTER’S COPY
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La. State Law Instit
ute
PRINTER’S COPY
EditsTo: C-h C.
Pgs. 9
Note:
bee
c-cj
tk-r
r
PRINTER’S COPY
Ciassilicati0n__—R
I
730
,
41aE1-
4
isa. state
Regniar Session, 2012
w
pB%41E
1
stitu
tfuO
0
LL
0
p
Y
_....._—
,k’
HOUSE BILL NO.49
Q
ee
3
c
HOB
BY REPR.ESENTATWES ABRAMSON AND LEGER AND SENATORS ALABJO,
AMEDEE, APPEL, BROOME, BROWN, BUFFINGTON, CHABERT, CORTEZ,
CROWE, DONAHUE, DORSEY-COLOMB, ERDEY, GALLOT, GUILLORY,
JOHNS, KOSTELICA, LONG, MARTINY, MILLS, MORRELL, MURRAY,
NEVERS, PERRY, PETERSON, RISER, GARY SMITH, JOHN SMITH,
TAR.VER, THOMPSON, WALSWORTH, WARD, AND WHiTE
1
£ACT
2
To amend and reenact R.S. 14:46.2), 1
.3(D)(1) and (2), 81.1(A)(1), (D), and (E)(1), (2),
3
and (4), 81 3(C), 82 1,83,83
1). 83 2(B), 84, 85, 86(B)(1), 89(B), 89 2(B)(3), 104,
4
105,282, and 403 3(A)(1)(m4ductory paragraph) and (C), R S154l(12)(c) and
5
(25)0), R S 40 2521, R.S
6
ProcedurcArtic1e 571.1
7
and to enact R.S. 14:4 .2(E), 46.3(A)(6) and (C)(3), 82(C)(4) and (5) and (0),
8
83.3(D), 83.4(C), 86(
9
(n), and (o), and 130 (.A)(2)(q) and Cr), and Children’s Code Articles 603(10)(r) and
),
/
1433 and 1809B)(3)(d and (4)(a, Code of Criminal
d Children’s Code Articles 804(3) and (5) and 1015(3)0)
89(C), and 89.2(D), R.S. 15:541(12)(d) and (25)(k), (m),
10
(a), 606(A)(6), 918
11
children for sexu purposes, and the commercial sexual exploitation of children; to
12
amend certain
13
purposes; to
14
offenses w en the offense involves persons of a certain age; to provide for
15
afflrmativ defenses; to prohibit certain defenses to certain crimes; to authorize the
16
use of
17
cliildr a; to provide relative to victim reparations; to provide with respect to
18
lim ations on the institution of prosecution tar specific offenses; to provide access
19
child sex trafflcldng victims to certain services; to authorize the expungement of
20
21
), and l01S(3)(m), relative to human trafficking, trafficking of
mes involving the prostitution and trafficking ofchildren for sexual
ovide for increased penalties for certain prostitution and Irafficking
etaps for trafficking investigations; to require the reporting of recovered
certain juvenile adjudication records; and to provide for related matters.
B
t enacted by the Legislature of Louisiana:
22
Section 1. R.S. 14:46.2(D), 46.3(D)(1) and’(2), 81.l(A)(1), (D), and (E)(1),
(2), and
23
(4), 8 1.3(C), 82.1, 83, 83.1(B), 83.2(S)c84, 85, 86(B)(1), 89(B), 89.2(B)(3),
104, 105,282,
Page 1 of 20
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law; words underscored
arc additions.
ENROLLED
FIB NO.49
1
shall be made for each reported missing child without regard to whether the child is
2
believed to be missing due to stranger abduction, parental abduction, or any other
3
cause.
4
onS.SL4&143Thandt809(BX3)(tafldi4xflflefebflntrrded
5
6
7
reenactccLto-read-as-thUwE
§1433. Notification of location of missing andlor exploited child
The parent, guardian, or legal custodian responsible for notif’ing the
exploited child
8
clearinghouse or a law enforcement agency of a missing nndkr
9
shall immediately nofif, such agency or the clearinghouse of any child whose
10
location has been determined.
11
B. Any law enforcement agency shall transmit information of the recovery
12
of a missing child to the clearinghouse, which shall maintain the information in the
13
central repository pursuant to R.S. 46:1431 and 1432.
7
*
14
15
*
*
*
B. In making its determination, the following provisions shall apply:
*
18
19
*
§ 1809. Criteria for making awards; prohibitions; authority to deny or reduce awards
16
17
*
*
*
(3) No award of reparations shall be made if the board finds that:
*
20
*
*
21
(d) The claimant was the offender or an accessory, or that an award to the
22
claimant would unjustly benefit any of them. However, such ineliaibilitv shalJ not
23
apply if the claimant is a victim of human fraffielcing or trafficking of children for
24
seicual purposes.
*
*
25
*
26
(4) The board may deny or reduce an award:
27
(a) If it finds that the behavior of the victim at the time of the crime giving
28
rise to the claim was such that the victim bears some measure of responsibility for
Page 16 of2O
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are additions.
ENROLLED
H13 NO.49
1
the crime that caused the physical injury, death, or catastrophic property loss or for
2
thephysicai injury, death, or catastrophic property loss, However, such ineligibility
3
shall not apply if the claimant is a victim of human trafficking or trafficking of
4
children for sexual purposes.
6
7
8
*
*
5
Procedure Article 571.1 is hereby amended and
Section 5. C
reenacted to
*
liows:
Art. 571.1. Time limitation for certain sex offenses
9
Except as provided by Article 572 of this Chapter, the time within which to
10
institute prosecution of the following sex offenses, regardless of whether the crime
11
involves force, serious physical injury, death, or is punishable by imprisonment at
12
hard labor shall be thirty years: sexual battery (R.S. 14:43.1), second degree sexual
13
battery (R.S. 14:43.2), oral sexual battery (R.S. 14:43.3), human trafficking IRS.
14
14:46.2(B)(2) or (3W, traffickina of children for sexual purposes (R.S. 14:46.3).
15
felony carnal knowledge ofajuvenile (R.S. 14:80), indeceatbehavior with juveniles
16
(R.S. 14:81), pornogranhy involving juveniles (R.S. 14:81.1). molestation of a
17
juvenile (R.S. 14:81.2), prostitution of persons under eighteen IRS. 14:82.1).
18
enticing persons into prostitution IRS. 14:86). crime against nature (R,S. 14:89),
19
aggravated crime against nature (R.S. 14:89.1), crime against nature by solicitation
20
(R.S. 14:89.2IBY3W. incest (itS. 14:78), or aggravated incest (R.S. 14:78.1) which
21
dls5 of Whdla.L tl.c
age—c
.
involves a victim under seventeen years of 5
22
inv’ulvca &.c,
23
1 aliall Ut. thirty yt.ars. This thirty-year period begins to run when the victim
hardlL
24
attains the age of eighteen.
25
Section 6. Children’s C
phyak.ul
injuiy,
iiuC
1 i th.Lhbk b, suptisai.rntaat at
dath, u
Articles 804(3) and (5) and 1015(3)(1) are hereby
26
amended andreenacted and q4llcen’s Code Articles 603(1O)(r) and (s), 606(A)(6), 918(D),
27
and lOiS(3)(m) are hereb
7
nacted to read as follows:
Page 17 of2O
1 type are deletions from existing law; words underscored
CODING: Words in sLuuk tLugl
are additions.
ENROLLED
JIB NO. 49
(ml Human frafficldiw when sentenced nursuant to the provisions of R.S.
1
2
I,
14:46.2181(2) or (3).
*
3
*
*
APPROVED:
Page 20 of 20
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are additions.
ENROLLED
HOUSE BILL NO. 457
BY REPRESENTATIVES KATRINA JACKSON, CHAMPAGNE, NANCY LANDRY,
A,ND
MORENO, NORTON, AND SMiTH AND SENAT RS BjtOO?4E
La. tate Law institute
PETERSON
PRINTER’S COPY
NO EDITS
Ciassiticatiou VQ.. S 9
.
1
I
/ACT
49
2
To amend and reenact R.S. 46:1804 and /806(A), relative to crime victims reparations; to
3
provide for notification requireftents by the Crime Victims Reparations Board; to
4
provide relative to applicatio s for reparations; to extend the time in which an
5
application for reparations
6
related matters.
7
8
9
10
a
I
to be filed by certain applicants; and to provide for
Be it enacted by the Legislature f Louisiana:
Section I.R.S. 46:180 and 1806(A) are hereby amended and reenacted to read as
follows:
/
§ 1804. Eligibility to apply fur reparations
11
A person who believes he is a victim of a crime enumerated in RS.
12
46:1805, or his legal representative, or in the case of death, a dependent or the legal
13
representative of a dependent, or the rightful claimant as defined in R.S. 46:1802(4),
14
shall be eligible to make application to the board for reparations and shall be eligible
15
for an award of reparations in accordance with the provisions of this Chapter.
16
B. During the sentencing for a crime, the judge shall inform the victim of the
17
crime, or his legal representative, or in the case of death, a dependent or the leRal
18
representative of a dependent or the rightful claimant of the potential eligibility for
19
an award ofreparations. The judge shall also provide the contact information for the
20
Crime Victims Reparations Board to such persons for submitting an application to
21
the board for art award of reparations.
22
23
*
*
*
§ 1806. Application; requirements; confidentiality
24
A.ffl An application for reparations shall be filed in writing with the board
25
within one year after the date of the personal injury, death, or catastrophic property
Page 1 of2
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are additions.
ENROLLED
HB NO. 457
1
by the
loss or within such longer period as the board determines is justified
2
the personal
circumstances. The application shall be valid only ifthe act resulting in
3
appropriate law
injury, death, or catastrophic property loss was reported to the
4
al injury,
enforcement officers within seventy-two hours after the date of the person
5
the board
death, or catastrophic property loss, or within such longer period as
6
determines is justified by the circumstances.
/
(2Ya) Notwithstanding the provisions of Paragraph
7
of this Subsection
8
filed
and except as provided in Subparagra (b) of this Paraph, an application
9
ide offense,
by a dependent or legal representative of a deceased victim of a homic
10
or filed by a claimant as defined in R.S. 46:1802(4). shall be filed within five years
11
after the date on which the judgment of conviction becomes final or within five years
12
after the date on which the supreme court denies the defendant’s first apnlicntion for
13
appeal.
V.,
j
‘4
(11) Notwithstanding theyrovisions ofParagrapli(l) ofthis Subsection, when
15
the death of the offender occurs prior to a conviction for a homicide offense, an
16
application filed by a dependent or legal representative of a deceased victim of a
17
homicide offense, or filed by a claimant as defined in ItS. 46:1 éd2(4), shall be filed
18
within five years after the date of the death of the offender.
19
SPEAKER (4F THEN’
E OF REPRESENTATWES
/CtAOIA’
;T OP T7JATh
fr
GOVERNOR OF THE S ATE DY DUISIANA
APPROVED:
/vM-
/
Page 2 of 2
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are additions.
an
i
PRINTER’S COPY
H
Classification
SENATEBILLNO. 565
—
ENROLLED
Coç p>.
BY
PRINTER’S COPY
NO EDITS
PRINTER’S COPY
NO EDITS
Ciassincation 1?, S.
Classification
“1 b
(tT
2
To amend and reenact R.S. 15:833çA) and/R.S. 46:]816(B)(6), and to enact R.S.
3
14:402(0)00) and Chapter 21-C of Title 46 of the Louisiana Revised Statutes of
4
1950, comprised ofR.S. 46:1851 thrpugh 1857, relative to prisons and offenders; to
5
provide for definitions; to provideftor the creation of escrow accounts for certain
6
inmates who enter into contracts/or profits derived from the notonety gained from
7
their crimes; to provide relativ o the distribution of escrow account funds to certain
8
crime victims; to provide re Live to notice to crime victims of escrow account funds
9
becoming available; to p ovide for definitions; to provide relative to inspection of
10
certain inmate corresyLdence; to provide relative to the Crime Victims Reparations
11
4 the payment of certain inmate escrow account funds into the
Fund; to provide,)
12
Crime Victim
/
/
eparations Fund; and to provide for related matters.
e Legislature of Louisiana:
13
Be it enacted by
14
Section 1. g
14:402p)(jlO) is hereby enacted to read as follows:
1
15
§402, Contraband defined; certain activities regarding contraband in penal
institutions prohibited; penalty; disposition of seized contraband
16
*
17
18
*
*
0. “Contraband” as used herein means:
*
19
*
*
20
(10) Any sketch, painting, drawing or other pictorial rendering produced
21
in whole or in part by a capital offender, unless authorized by the warden of the
22
institution.
23
*
*
*
reenacted to read as follows:
24
Section 2. ItS. 15:833(A) is hereby arne
25
tac with persons outside institution; temporary release
§S
.?Ecun
33
26
iit5
SD
A. ifi The secretary of the Department of Public Safety and Corrections may
Page] of 8
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ENROLLED
SB NO. 565
1
n inmates
authorize visits and correspondence under reasonable conditions betwee
2
and approved friends, relatives, and other persons.
3
regulations, and
(2’ The secretary shall establish and promul2ate rules,
4
and outaoin2
procedures regarding the review and inspection of all incoming
5
death row inmate correspondence in order to effectuate the purposes ofChap
6
determine
21-C of Title 46 of the Louisiana Revised Statutes of 1950, and to
7
are hi
whether any contractual arraiwements aoverned by those provisions
8
effect or beine contemplated by an inmate or any other person.
ter
10
Section 3. R.S. 46:1 816(B)(6) is hereby amended andfcted ..an&Chapter 21-C
11
of Title 46 of the Louisiana
12
185J,is-herebyifiäedtdas follows:
13
*
18
*
21
*
*
*
i, ylCtiin’p tGW a..,cut
1
criu
(6) Any monies paid into the fund from a J
defendant’s escrow account as provided by Chapter 21-A 21-C of this Title.
*
19
20
*
B. The ibnd shall be composed of:
16
17
k950,ccnnprised of R.S. 46:1851 through
iWs
§ 1816. Crime Victims Reparations Fund; creation; sources of fnnds; uses
14
15
*
*
*
9
*
*
CHAPTER 21-C. PROFITS FROM CRIME OR NOTORIETY
l851. Definitions
22
As used in this Chanter:
23
(1) “Account” and “escrow account” mean an escrow account in the
24
25
26
/
name of a defendant as provided for by this Chapter.
(2) “Board” means the Crime Victims Reparations Board provided for
by Chapter2 of Title 46 of the Louisiana Revised Statutes of 1950.
27
(3) “Catastrophic property damage” means catastrophic property
28
dama2e as defined in Chapter 21 of Title 46 of the Louisiana Revised Statutes
29
of 1950.
—
30
(4) “Defendant” means an offender who has been convicted of a capital
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words in boldface type and underscored are additions,
/
ENROLLED
SB NO. 565
—
1
ItS. 15:567
offense and sentenced to death in accordance with the provisions of
2
through 571.
V
3
(5) “Minor” means a person under the age of eighteen years.
4
Injury, or
(6) “Victim” means any person who suffers death,
5
crime, or any
catastrophic property damage as a result of the defendant’s
6
award
person who is otherwise ei&ble to have a judgment or reparations
7
dliter, or
satisfied from a defendant’s escrow account as provided for by this
8
person denied
any Ieaal representative thereof, but does not include any
9
ana
eligibility for a reparations award by Chapt21 of Title 46 of the Louisi
10
Revised Statutes of 1950.
11
1852. Profits relative to criminal acts or notoriety
12
A.(1) Any proceeds or profits from any source, received or to be
13
received, directly or indirectly, by a defendant or by any agent, assignee, or
14
representative of the defendant as a direct or indirect result of the defendant’s
15
crime or sentence for such crime, or the notoriety that such crime or sentence
16
has conferred upon hhn, shall be subject to a court order reouirin that such
17
proceeds or profits be paid over to the state treasurer for deposit in an escrow
18
account as provided for in this Section, if not otherwise deposited with the
19
treasurer as provided for in Para?raph (2) of this Subsection.
20
(2) Every person, firm, corporation, partnership, association, or other
21
legal entity that contracts with a defendant for any purpose described in
22
Para2raph (1) of this Subsection shall file a copy of the contract with the state
23
treasurer, and shall pay over to the treasurer, commencing with the date of the
24
first payment under the contract, any funds that otherwise, by terms of the
25
contract would be payable to the defendant or to the defendant’s agent,
26
assignee, or representative. If the contracting party fails to meet the obligation
27
of payment as required by this Pardraph, then the treasurer, through the
28
attorney geucral, shall bring a civil action in a court of competent jurisdiction
29
to enforce payment.
30
B.(1) Any proceeds from a contract with the defendant relating to a
Page 3 of 8
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ENROLLED
SB NO. 565
1
, book, newspaper.
depiction or discussion of the defendant’s crime in a movie
2
inment or publication
magazine, radio or television production, or live enterta
3
payment of such
of any kind shall not be subject to court order requiring
4
is a depiction or
proceeds to the treasurer unless an interaI part of the work
5
defendant’s
discussion of the defendant’s crime or an impression of the
6
thoughts, opinions, or emotions regarding such crime.
7
8
‘ma
the
(2 Nothing in this Section shall be construed to prohibit or hinder
.
return of property belongine to victims of crime to its rightful owners
9
the
C41) Upon petition of the attorney general filed at any time after
10
hearing
defendant is convicted and after notice to all interested parties and a
11
upon the petition and a finding for the state, the court shall order that such
12
over to
proceeds or profits as described in Subseen A of this SciIi,n be paid
13
the
the state treasurer for deposit in an escrow account in the name of
14
defendant for the benefit of the victims of the defendant’s crime.
15
(2 The petition shall be filed in the judicial district where the defendant
16
was convicted or in the judicial district in which the defendant is incarcerated.
17
(3) Upon the filing of the petition, the cleric shall issue a writ of
18
the
attachment or of sequestration, directing the sheriff of the parish where
19
and hold
petition was filed to talce the defendant’s property into his possession
20
such property subject to further proceedings in the cause. If for any reason the
21
writ is not executed, other writs maybe successively issued until one is executed.
22
Concurrent writs may be directed to sheriffs of several parishes.
23
(4 Expenses and costs incurred in the proceedings shall be paid as the
24
court in its discretion, shall determine, except that no costs shall be assessed
25
against the state.
26
D. A victim who meets the eligibility requirements and other provisions
27
l shall be entitled, subject to the limitations contained in this
er
4
Cl
of this t
28
Chaer, to an amount from the defendant’s escrow account equal to the
29
unsatisfied portion of the civil judgment or reparations award obtained by the
30
victim.
Page 4 of B
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ENROLLED
SB NO. 565
I
$1853. Distribution of escrow account funds
2
A. Proceeds paid into an escrow account provided for by this Ctipter
3
shall be retained for a period of ten years after the date of the court order or
4
deposit by the contractinu party, but during that period may be levied upon to
5
satisfy a money iudgment or reparations award rendered in favor of a victim
6
or the legal representative of the victim of the defendant’s crime.
7
B. If so ordered by a court with notice to all interested parties and
8
opportunity for hearing, the escrow account shall be used to satisfy, and
9
disbursements made therefrom by the treasurer, in the following order:
Jo
11
(1) Court-ordered restitution in favor of a victim of the defendant’s
crime,
12
(2) A money jud2ment rendered by a court or an award of reparations
:13
by the Crime Victims Reparations Board in favor of a victim of the defendant’s
14
crime.
15
(3) Fees due for legal representation of the defendant in criminal
16
proceedings, including the appeals process, to the extent that the defendant’s
17
representation was paid for by the state or an agency thereof, but such amounts
18
paid shall not exceed twenty-five percent of the total amount in escrow.
19
(4) Any fines or costs assessed against the defendant by a court
20
C. At the end of the ten-year period provided for in Subsection A of this
21
Section. the remaining escrow account funds shall be paid into the Crime
22
Victims Reparations Fund as provided for by R.S. 46:1816. However. if a civil
23
action is pendintagajust the defendant that would be elieible to be satisfied out
24
of the escrow account then the funds shall be held in escrow until completion
25
of the action.
V
26
B. If the defendant has appealed his conviction and the appeal process
27
is not finalized by the expiration of the ten-year period provided for in
V
‘ma
28
Subsection A of this Section, then the remaining escrow account funds shall be
29
held until the appeal process is finalized, and if the conviction is reversed, the
30
treasurer shall pay any money remaining in the escrow account to the
Page 5 of 8
Coding: Words which are atiud.. tLubgt are deletions from existing law;
words in boldface type and underscored arc additions.
ENROLLED
SB NO. 565
1
defendant.
2
S1854. Persons eligible for awards
3
have a ludament or
A. The following persons shall be eligible to
4
t provided for by this
reparations award satisfied from an escrow accoun
S
ñ
6
Cha
:
or legal guardian of
(1) A victim of the defendant’s crime or the parent
6
7
8
child, including
(2) A surviving spouse, parent grandparent sibling, or
9
defendant’s
posthumous children, of a victim who died as a direct result of the
10
•
crime.
11
d in the
(3) Any person, except a law-enforcement officer engage
12
to prevent the
performance of his duties, who is injured or lUlled while trying
13
end the
defendant’s crime from occurring in his presence, or trying to appreh
14
defendant during the course of the crime.
15
ing
(4) A surviving spouse, parent, grandparent. sibling, or child, includ
16
d
posthumous children, of any person, except a law-enforcement officer engage
17
to prevent
in the performance of his duties, who dies as a direct result of trying
18
end
the defendant’s crime from occurring in his presence, or trying to appreh
19
the defendant during the course of the crime.
20
•
a minor who is the victim of the defendant’s crime.
(51 Any other person legally dependent for his principal support
from the
21
ent for his
victim who dies as a result of the defendant’s crime, or legally depend
22
of trying to
principal support from any person who dies as a direct result
23
to
prevent the defendant’s crime from occurring in his presence, or trying
24
apprehend the defendant during the course of the crime.
25
a
B. A person who is criminally responsible for the crime upon which
26
be
claim is based, or an accomplice or accessory of such person, shall not
27
eligible to receive an award under the provisions of this Chapter.
V
28
C. A resident of Louisiana who is the victim of a defendanVs crime
29
tion
occurring outside of Louisiana and any other person as defined in Subsec
30
/
A of this Section who is injured as a result of a defendant’s crime occurring
Page 6 of 8
Coding: Words which are LaJ.. through are deletions from existing law;
ENROLLED
SB NO. 565
1
d pursuant to this Chapter if
outside of Louisiana shall be eligible for an awar
2
the followinu conditions are met:
d had the crime occurred in
11) The person would be ejjgible for an awar
3
Louisiana.
4
crime occurred does not
(2 The state, country, or territory in which the
S
6
ed eligible pursuant to the
have a victims’ compensation program deem
7
t5(12 of Title2 of the
provision of the federal Victims of Crime Act Chap
8
esidents.
United States Code, and does not compensate nonr
9
1855, Victim’s notice of intent to file a claim
10
•
me a claim against the defendant’s escrow account pursuant
11
notice of intent to
12
or a reparatio
to a judement, a pending lawsuit, a prospective lawsuit
13
ent of the escrow account.
by the board, within one year after establishm
ns award
14
Section shall forfeit
B. A failure to comply with the requirement of this
15
other victims who have
the rights of the victim to the escrow account as against
16
w account filed within
filed claims, but shall not bar a claim against the escro
17
two years of the establishment of such account.
18
limit for tiling a
C. No payments to victims shall be made until the time
19
ms have riled their notices,
notice has expired or it is established that all victi
20
whichever is sooner.
21
1856. Notice to victims
22
with the
The treasurer shall notify any person who has registered
23
receipt of escrow funds for
treasurer as a victim of tbe defendant’s crime upon
24
ths for two years after
that defendant. Additionally, at least once every six mon
25
s, the treasurer shall
the date on which the treasurer receives such escrow fund
26
min victims that
cause a notice to be published in the official statc journal lnfor
27
rations awards
such escrow funds arc available to satisfy judgments or repa
28
pursuant to this C apter.
29
d
1857. Actions to defeat purposes of chapter prohibite
30
1,Da
with the treasurer a
A. A victim of the defendant’s crime shall register
er
a
Any action taken by a defendant whether by way of execution of pow
Page 7 of 8
tLrou1 arc deletions from existing law;
1
atsut,k
are
Coding: Words which
words in boldface type and underscored are additions,
ENROLLED
SB NO. 565
1
rwise, to defeat the purposes
of attorney, creation of corporate entities, or othe
2
of this Chapter shaH be null and void.
3
t or, if not
or
at
overn
gn
Vg
si
)
Section 4. This Act shall become effective upon 7
e without signature
4
com
w
to
4
signed by the governor, upon expiration ofthe time for bills
5
Constitution of Louisiana. If
by the governor, as provided by Article III, Section 18 of the
6
vetoed by the governor and subsequently approved by the legis
7
effective on the day following such approval.
lature, this Act shall become
GOVERNOR
/
OF LOUISIANA
APPROVED:
I
.1
11D8
Page 8 of 8
Coding: Words which are struck
ENROLLED
SENATE BILL NO. 623
BY SENATOR LAFLEUR
NO EDITS
Q .6 .‘i
Classification 1
“7
AN/CT
1
9
rights of victims and
To amend and reenact R.S. 46:1844(W/2), relative to the basic
3
Ehe confidentiality of certain information regarding
7
witnesses; to provide relative t
4
crime victims who arc mine
5
) of basic rights for victims and witnesses; and to
es
4
Pu
of “sex offense” for s
6
provide for related m
/
7
era.
Be it enacted by the Legi ature of Louisiana:
s:
8
read as follow
Section 1. R.S. 6:1844(W)(2) is herebyamended and reenacted to
9
§ 1844. Basic rights for victim and witness
W. Confidentiality of crime
11
12
4’
*
*
10
victims
who
are
minors and victims of sex
offenses.
*
*
*
13
perpetration
(2) For purposes of this Section, “sex offense” shall include the
14
ra.,c (11.0. 14:42), fu,...ble
iap’.
(itS.
15
or attempted perpetration of
16
14:42.1), s.plc .a R.3. 14.43),-scauJ bat6.y R.5. 14:43.1), cond
17
CXpuSuic
Cuu1 batttay (11.3. 14.43.2), Olal aua1 batLty (11.3. 14.43,3), inLntiuual
IS
eanor carnal
. AIDS ‘viiuS (11.3. 14:43.5), stalking (R.S. 1l1iL2), misdem
t
Lu U
19
or any offense
knowledge of a juvenile (R.S. 14:80.1), obscenity (R.S. 14:106),
20
listed in ItS. 15:541(24)
21
fJuny
22
1
oi
1
11
(11.3. 14:81), puiuuwaphy iuvohi, juvL (11.5. 14:81.1), oltuU
23
juvciulc (11.3. 14:01.2),
24
uatutc (11.5. 14:59.1),
25
26
‘a,
and victims of sex offenses; to amend the definition
iayat.d
V
(11,8. 14:711),
agpt
(11.3. 14:78.1),
11 Lc1, u with juvc..iiIus
cuJ Liuwledu uf ajuviL (11.3. 14:80), dcnL
fl
lJI..s
inCCat
Cl
S
‘%S
¼
1
uimI
ait irnttsn_ (11.9. 14:89),
aAUa1
y of tht
1
b$L
hLrnUL
aIaVatJ
ILU41t’
1 A.flfl’fl
*
ag.unat
d vi&u
1
(11.3. 14:93.5), a.
.&T,.LJ.JJ
*
uf a
*
Page 1 of 2
ough are deletions from existing law;
1
Coding: Words which are ,t.dbk tb
words in boldface tvue and underscored are additions.
ENROLLED
SB NO. 623
1
4 upon signature by the governor or, if not
Section 2. This Act shall become effccti
t signature
2
signed by the governor, upon expiration of the time forbills to become law withou
3
by the governor, as provided by Artiel
4
vetoed by the governor and subseq
ntly approved by the legislature, this Act shall become
5
effective on the day following
approval.
,
Section 18 of the Constitution of Louisiana, If
GOVERNOR OF
OF LOUIS LANA
APPROVED:
Page 2 of 2
1 are deletions from existing law;
l
5
Coding: Words which are attuck throu
404—
ENROLLED
HOUSE BELL NO. 594
BY REPRESENTATIVE LOPINTO
State Law Institute
La.
PRINTER’S COPY
NOE9ITS,
1
2
£11115 ‘Ta:.
HoW
CtassUcaIiDll—l----’--—- ZAN/ACT
To enact C
•
relative to
5qcc 718.1 and to repeal R.S.46:1845,
le
7
Zjk
c
3
discovery; to provide relativyl’discoverY procedures in certain criminal cases; to
4
prohibit the reproduction,yt(ertain evidence in certain cases involving pornography
5
involving juveniles, ideo voyeurism, and obscenity; and to provide for related
6
matters.
7
8
9
10
Be it enacted by th
egislature of Louisiana:
scctp(i. Code of Criminal Procedure Article 718.1 is hereby enacted to read as
follows.
Art. 718.1. Evidence of obscenity, video voyeurisfi(or pornography involving
11
juveniles
12
y or material that is alleged to
4
A. In any criminal proceeding. any prope
13
constitute evidence of obscenity as defined inKs. 14:106(A(2 that is unlawfully
14
possessed, video voyeurism as defined in
15
16
main in the car custody, and control of
2
juveniles as defin in R.S. 14:81 .Lsh
I’ /
1/
the court or the district attorney.
17
B. Notwithstanding any oernrovision of law to the contrary, the court shall
18
deny any request by the def dant to copy, photograph. duplicate, or otherwise
19
reproduce any property or nterial that is alleged to constitute evidence of obscenity
20
as defined in R.S. 14:l(A(2) that is unlawflullv possessed, video voyeurism as
21
defined in R.S. 14:3, or pornography involving juveniles as defined in R.S.
22
14:81.1.provide that the district attorney makes the property or material reasonably
23
available to th4’defendant.
Ks. 14:283. or pornography involving
/
24
r purposes of this Article, the property or material shall be deemed
4
C. o
25
reasonably available to the defendant if the district attorney provides ample
/
Page 1 of2
CODING: Words in ,L
are additions.
tlauugjs type are deletions from existinglaw; words underscored
I
C
EOLLED
im NO. 594
—4
viewing, and examinition at the office of the district
I
opportunity for the inspection,
2
defendants
attorney of the property or material brthe defendant, the
3
any individual
4
entirety.
Sectioa2-R.S. 46:1 845 is hereby,ç4iealed in its
the defend
attDmey.
and
trial.
t may seek to qualify to furnish expert testimony at
-
/
GOVERNOR OF
APPR.
cz41
43,li’Id—
Page 2 of 2
rscored
CODING: Words in struck-through type are deletions from existing law; words unde
are additions.
ENROLLED
SENATE BILLNO. 481
Law Institute
State
L.t,s COPY
BY SENATOR PERRY
Edits
Institute
Nate:
La. State Law
COPY
PRINTER’S
NO EDITS
ciassitication__- “°
-
ee Az_i tloH
e
—
>tc,
4, 4 55
fe
S
1
—
—
1
1
2
le 718.1 and to repeal R.S. 46:1845, relative to
3
discovery; to provide relativy/o discovery procedures in certain criminal cases; to
4
prohibit the reproductio
5
involving juvenile
6
matters.
7
8
9
•
To enact Code of Criminal Procedure
10
Be it enacted
,
f certain evidence in certain cases involving pornography
video voyeurism, and obscenity; and to provide for related
the Legislature of Louisiana:
,ion 1. Code of Criminal Procedure Articie 718.1 is hereby enacted to read as
foUfw
.
0
e
cSC.ef\’%-l
V’’’ VV\J&53’C’S’)
3\fl\eS)
nVb\V’fl
F&ce.?kY
Art 718.1. (Sohibition on reproduction of pornography involving iuveniles
‘1.._ I c.
11
A. In any criminal proceeding, any property or material that is alleged
12
to constitute evidence of obscenity as defined in R.S. 14:106(AX2’) that is
13
unlawfully possessed, video voyeurism as defined in R.S. 14:283. or
14
pornography involving juveniles as defined in itS. 14:81.1, shall remain in the
15
care, custody, and control of the court or the district attorney.
16
B. Notwithstanding any other provision of law to the contrary, the court
17
4 duplicate, or
shall deny any request by the defendant to copy, photograph
18
otherwise reproduce any property or material that is alleaed to constitute
19
evidence of obscenity as defined in R.S. 14:1O6(Al(2) that is unlawfully
20
possessed, video voyeurism as defined in RS. 14:283. or pornography involving
21
juveniles as defined in R.S. 14:81.1, provided that the district attorney makes
22
the property or material reasonably available to the defendant.
23
C. For purposes of this Article, the property or material shall be deemed
24
reasonably available to the defendant if the district attorney provides ample
25
opportunity for the insnection, viewing., and examination at the office of the
Page 1 of2
Coding: Words which are suack Uuuuh are deletions from existing law;
.4
0
Z
ENROLLED
SB NO. 481
I
district aftorney of the property or material by the defendant the defendant’s
2
attorney, and any individual the defendant may seek to qualify to furnish expert
3
testimony at trial.
4
Section 2. R.S. 46:1845 is hereby reai9 in its entirety.
5
e upon signature by the governor or, if not
4
Section 3. This Act shall become effect
6
signed by the governor, upon expiration ofe time forbills to become law without signature
7
by the governor, as provided by Article IU Section 18 of the Constitution of Louisiana. If
8
uen approved by the legislature, this Act shall become
y
subseq
l
vetoed by the governor and 5
9
effective on the day following such/roval.
/v
TH?6U
//
GORNOR
THE
OF REPRESENTATIVES
ATE OF LOUISIANA
APPROVED:_vA%Itt
Page 2 of 2
Coding: Words which are sLa tluvl1 are deletions from existing law;
0
ENROLLED
HOUSE BILL NO. 215
BY REPRESENTATIVE SMITH
L
State Law Institute
PRINTER’S COPY
NO EDITS
9”
1
ANACT
2
tive to communication between offender and
tr
To amend and reenact R.S. 46:l.a46, 9
3
victim; to amend provisions tlative to prohibited communication between an
4
offender and a victim; to
5
communicate; and to prov e for related matters.
6
/
d procedures by which an offender and victim may
7
Section 1. ItS. 46:1716 is hereby amended and reenacted to read as follows:
8
§ 1846. Communication between offender and victim prohibited: exceptions
9
A. A person who has been charged by bill of information or indictment with
10
any crime of violence as defined in R.S. 14:2, or any immediate family member of
11
such person, shall be prohibited from communicating, either by electronic
12
communication, in writing, or orally, with a victim of the offense, or any of his
13
immediate familymembers forwbich thepersoncbadhas been c.onvicLd charged
14
or for which disposition of the case is pending.
B.
15
The provisions of Subsection A of this Section shall apply to
16
communication between the offender or his immediate family member and the
17
victim, or any of his immediate family members, unless raaL (1) f t1L.
18
Sbscti i ti&d d
19
(1) and.á) of this Subsection is are satisfied.
(3) the provisions of Paraphs
(1) The victim consents to the communication through the local prosecuting
20
21
raaph (2)
agency.
(2) Thc
22
1 hag cousaLd to y
J off&
is
a
.ilk. Safistj autl
1
progs alrnmatt,J t1auuJ.t Un. Dp&Isrn.ut of P
23
jusLuc
24
Cuuaiu.s.
Page 1 of2
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are additions.
ENROLLED
I-TB NO. 215
I
(3’) The communication is made through the counsel of the offender,
2
counsel’s staffor representative, or the offender hurnself iflie is representing himself
3
at trial.
4
C. A person who has been sentenced for a crime of violence as defined in
5
R.S, l, or any immediate family member of such person, shall be prohibited from
6
communicating, either by electronic communication, in writing, or orally, with a
7
victim ofthe offense, or any of his immediate family members, for which the person
8
has been sentenced unless the victim or his immediate family members initiate the
9
communication through the Deoartment of Public Safety and Corrections, and it is
10
agreed that the victim and the offender participate in a formally defined restorative
11
justice program administered through the department.
ea
12
For purposes of this Section, “immediate family member” means the
13
spouse, mother, father, aunt, uncle, sibling, or child of the offender, whether related
14
by blood, marriage, or adoption.
D Whoever violates the provisions of this Section shall be fined not more
15
16
than five hundred dollars, imprisoned for not more than six months, or both.
SPEAKER 0 THI/HO,ØE
of
RESENTAT1VES
PRESIDENT
JENATV/
(JO
APPROVED:
1tIOR OF T
rr
STATE
LOUISIANA
Page 2 of 2
CODING: Words in sLdc,k LLLUUSL type are deletions from existing law; words underscored
are additions.
AT
F L f
L State Law
RegularSession,2012
h1StIIUteENROLLED
NO EDITS
Classification £Z. 5. 4(9
HOUSE BILL NO.
BY REPRESENTATIVE ABRAMSON
1
PRINTER’S COPY
NO EDITS?
CIassdiCatiOfl_—--—
PRiNTER’S COPY
NO EDITS
Classification 1? 5’
2
To amend andreenaetR.S. 14:40.2(F), (G) (4) and (1), R.S. 46:2136(0) and (F), and Code
3
of Criminal Procedure Article 3,27.1 and to enact R.S. 14:40,2(J) and Code of
4
5,2, relative to the issuance ofabuse prevention orders;
3
Criminal Procedure Article
5
to provide relative toybuse prevention orders in cases of domestic abuse and
6
stalking; to provide elative to the effective term of certain portions of a protective
7
order in cases o domestic abuse; to provide for procedures; to provide for a hearing
8
and noticeyto provide for conditions of release in stalking cases; and to provide for
9
related
10
11
12
13
a-
/
Be it enact
atters.
by the Legislature of Louisiana:
ection 1. R.S. 14:40.2(F), (G), (H), and (I) are hereby amended and reenacted and
R. S/{4:40.2rn is hereby enacted to read as follows:
§40.2. Stalking
*
14
*
*
15
F.m Upon motion of the district attorney or on the courts own motion.
16
whenever it is deemed appropriate for the protection of the victim, the court may. in
17
addition to any penalties imuosed pursuant to the provisions of this Section. Rrant a
18
protective order which directs the defendant to refrain from abusinQ harassing.
19
interfering with the victim or the employment of the victim, or being physically
20
present within a certain distance of the victim.
21
22
(2
Any protective order granted pursuant to the provisions of this
Subsection shall be served on the defendant at the time of sentencing.
23
(3)(a) The court shall order that the protective order be effective either for
24
an indefinite period of time or for a fixed term which shall not exceed eighteen
25
months.
Page 1 ofó
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are additions.
pr
ENROLLED
FIB NO. 441
1
(ii)
If the court grants the protective order for an indefinite period of time
2
pursuant to Subparagraph (a) of this Paragraph, after a hearing, on the motion of any
3
party and for good cause shown, the court may modify the indefinite effective period
4
of the protective order to be effective for a fixed term, not to exceed eighteen
5
months, or to terminate the effectiveness of the protective order. Amotion to modify
6
or terminate the effectiveness of the protective order may be granted only after a
7
good faith effort has been made to provide reasonable notice of the hearina to the
8
victim, the victim’s designated agent, or the victim’s counsel, and either of the
9
followiu occur:
(i) The victim, the victim’s designated agent or the victim’s counsel is
10
present at the hearing or nrovides written waiver of such appearance.
11
12
(ii) After a good faith effort has been made to provide reasonable notice of
the hearing, the victim could not be located.
13
14
(4Ya) Immediately upon granting aprotective order, the court shall cause to
15
have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2,
16
shall. sign such order, and shall forward it to the clerk of court for filing, without
17
delay.
/
18
(b The clerk of the issuing court shall send a copy of the Uniform Abuse
19
Prevention Order or any modification thereof to the chief law enforcement official
20
of the parish where the victim resides. A copy of the Uniform Abuse Prevention
21
Order shall be retained on file in the office of the chief law enforcement officer as
22
provided in this Subparagraph until otherwise directed by the court.
23
(c
The clerk of the issuing court shall transmit the Uniform Abuse
24
Prevention Order, or any modification thereof, to the Louisiana Protective Order
25
Registry pursuant to R.S. 46:2136.2, by facsimile transmission, mail, or direct
26
electronic input where available, as expeditiously as possible, but no later than the
27
end of the next business day after the order is filed with the clerk of court.
28
29
.
a The provisions of this Section shall not apply to a private investigator
licensed pursuant to the provisions of Chapter 56 of Title 37 of the Louisiana
Page 2 of 6
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are additions.
/
EI’TROLLED
RB NO. 441
I
Revised Statutes of 1950, acting during the course and scope ofhis employment and
2
performing his duties relative to the conducting of an investigation.
3
&jj The provisions of this Section shall not apply to an investigator
4
employed by an authorized insurer regulated pursuant to the provisions of Title 22
5
of the Louisiana Revised Statutes of 1950, acting during the course and scope ofhis
6
employment and performing his duties relative to the conducting of an insurance
7
investigation.
8
HL The provisions of this Section shall not apply to an investigator
9
employed by an authorized self-insurance group or entity regulated pursuant to the
10
provisions of Chapter 10 of Title 23 of the Louisiana Revised Statutes of 1950,
Ii
acting during the course and scope of his employment and performing his duties
12
relative to the conducting of an insurance investigation.
13
14
tL A conviction for stalking shall not be subject to expungement as
provided for by R.S. 44:9.
15
16
17
18
ilows:—”
§2136. Protective orders; content; modiflcation service
*
*
*
19
D.fl] On the motion of any party, the court, after notice to the other parties
20
and a hearing, may modify a prior order to exclude any item included in the prior
21
order, or to include any item that could have been included in the prior order.
22
23
24
(2) On the motion of any party, after a hearing, the court may modify the
effective period of a protective order pursuant to Paragraph (F’)(2 of this Section.
*
*
*
25
F.ffl Any Except as provided in Paragraph (2 of this Subsection, any final
26
protective order or approved consent agreement shall be for a fixed period of time,
27
not to exceed eighteen months, and may be extended by the court, alter a
28
contradictory hearing, in its discretion. Such protective order or extension thereof
29
shall be subject to a devolutive appeal only.
Page 3 of 6
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are additions.
ENROLLED
fIB NO. 441
(2’(a’) For any protective order granted
1
by
the court which directs the
2
defendant to refrain from abusing, harassing, or interfering with the person as
3
provided in R.S. 46:2135(A)flt the court may grant the order to be effective for an
4
indefinite period of time as provided by the provisions of this Paragraph on its own
5
motion or by motion of the petitioner. The indefinite period shall be limited to the
6
portion of the protective order which directs the defendant to refrain from abusing,
7
harassing, or interfering with the person as provided in R.S. 46:2 135(AYU.
(b) The hearing for this motion shall be conducted concurrently with the
8
9
hearing for the rule to show cause why the protective order should not be issued.
10
(c) Any motion to modify the indefinite effective period of the protective
11
order as provided in SubparagMh (a) of this Paragraph may be granted only after
12
a good faith effort has been made to provide reasonable notice of the hearing to the
13
victim, the victim’s designated agent or the
14
following occur:
present at the hearing or provides written waiver of such appearance.
(ii) After a good faith effort has been made to provide reasonable notice of
17
18
counsel, and either of the
(i) The victim, the victim’s designated agent. or the victim’s counsel is
15
16
victim’s
the hearing, the victim could not be located.
*
19
*
*
20
Procedure ,Article 327.1 is hereby amended and
ion,1 of Criminal
ode
t
Sect
C
21
acted)$ of Criminal Procedure Article 335.2 is hereby enacted to read as
de
4
reen
o
22
follQ3Y4(
23
Art. 327.1. Bail restrictions to be transmitted to Louisiana Protective Order Registry
24
it; as part ofabail restriction, an order is issued for thepurpose ofpreyenting
25
violent or threatening acts or harassment against, or contact or communication with
26
or physical proximity to, another person for the purpose of preventing domestic
27
abuse, stalking, or dating violence, the judge shall cause to have prepared a Uniform
28
AbusePrevention Order, as providedinR.S. 46:2136.2(C), shall sign such order, and
29
shall forward it to the clerk of court for filing, all without delay. The clerk of the
30
issuing court shall transmit the Uniform Abuse Prevention Order to the Louisiana
Page 4 of 6
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are additions.
1/
V
ENROLLED
RB NO. 441
I
Protective Order Registry, Its. 46:2136.2(A), by facsimile transmission, mail, or
2
direct electronic input, where available, as expeditiously as possible, but no later than
3
the end of the next business day afier the order is filed with the clerk of court.
4
5
*
*
*
Art. 335.2. Stalking: conditions of release
6
A. In determining conditions ofrelease of a defendant who is alleged to have
7
committed the crime of stalking pursuant to the provisions ofR.S. 14:40.2. the court
8
shall consider whether the defendant noses a threat or danger to the victim, If the
9
court determines that the defendant poses such a threat or danger, it shall require as
10
a condition of bail that the defendant refrain from going to the residence or
11
household of the victim, the victim’s school, and the victim’s place of employment,
12
or otherwise contactin2 the victim in any manner whatsoever, and shall refrain from
13
having any further contact with the victim.
14
B. A violation of the conditions of release may be punishable by the
15
forfeiture of bail and issuance of a bench warrant for the arrest of the defendant or
16
remanding the defendant to custody or a modification of the terms of bail.
17
C. If. as part of a bail restriction, an order is issued pursuant to the provisions
18
of this Article, the judge shall cause to have prepared a Uniform Abuse Prevention
19
Order, as provided in R.S. 46:2136.2, shall sign such order, and shall forward it to
20
the clerk of court for filing, all without delay. The clerk of the issuing court shall
21
transmit the Uniform Abuse Prevention Order to the Louisiana Protective Order
22
Registry. R.S. 46:2136.2(A). by facsimile transmission, mail, or direct electronic
Page 5 of 6
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are additions.
7
ENROLLED
HB NO. 441
1
of the
input where available, as expeditiously as possible, but no later than the end
2
next business day after the order is filed with the clerk of court.
//
AK, THE HOSE OF
OF
5
SPE
W
///
/O&7
/
7
OFt/tHE SEN
GOVERNOR OF T
APPROVE
NTATIVES
P
E
1
1 OF LOUISIANA
STA
i IQr
A5/
9
21Z1
9
4
Page 6 of 6
CODING: Words in sLpck tluaugjitype are deletions from existing law; wordsunderscored
are additions.
AcT 339
?A I 2.
IEb.
4.sriarr
PRINTER’S COPY
NO EDITS
Classiticaijon ft £ 9 to
—
-
C2)
7’p. HS iLn7
s19
left
Sc;,
‘2.
I
ENROLLED
SENATE BILL NO. 590
PRINTER’S COPY
Edits To: k4LL
BY SENATOR ALARIO
• ¶7Pe
Sr-(in
IJ
I
/
2
Ec,
To amend and reenact KS. 17:3045.3 and 3015.8; R.S. 23:3003; R..S, 25:933(9) through
I
—
C
3
(15), and 941(A) and the introduct4ry paragraph of (B)(l); R,S, 32:57(G)(2),
4
171(F)(l) and (2), 175(C)(4), the infrductory paragraph of 412(H) and (113(1), and
5
8
783(0); R.S. 36:209(T); R.S. 37:3 0.6; R.S. 38:2216(E); R.S. 39:100.94(B)(1),
C
cc?
/
C?
2162(B), and 2165.11(B); R.S. 47: 63.88(E); R.S. 51:955.4(F); and Sections 2,3,
is
4(C), and 5 of Act No. 1212 of the 01 Regular Session of the Legislature; to enact
/
/
R.S. 3:3391.12(C); ulia to repeal R. .2:904; ItS. 3:283.2(H), Part II ofChapter4—A
9
of Title 3 of the Louisiana Revised Statutes of 1950, comprised of R.S. 3:321
10
through 323, and 3391.13; R.S. 17:10.3, 421.12, 2036, and 3042.11; R$.
11
23:1310.12, and Part XIII of Chaptc 11 ofTitle 23 ofthe Louisiana Revised Statutes
12
13
of 1950, comprised of R.S. 23:1771 through 1776; R,S. 25:93306), 940 and 942;
/
R.S, 27:270(B); R.S. 29:731.1; R.. 30:2417(B) and (C); R.S. 32:412(H)(2) and (3)
14
and 783(H); R.S. 33:3006, 4769 d 4770; R.S. 37:3 119; Subpart H of Part II of
15
Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,
16
comprisedofitS. 39:100.11 and 100,12, SubpartLofPartllofChapterl ofSubtitle
17
I ofTitle 39 of the Louisiana RevisLd Statutes of 1950, comprised of R.S. 39:100.36,
18
Subpart P of Part II of Chapter 1 cfSubtitle I of Title 39 of thiLouisiana Reviscd
19
Statutes of 1950, comprised of 4s. 39:100.71, 100.93, Subpart P-3 of Part II of
20
Chapter 1 of Subtitle I of Title
21
comprised of R.S. 39:100.101, S4part Q ofPart II of Chapter 1 of Subtitle I ofTitle
22
39 of the LouisianaRevised Statutes of 1950, comprised of R.S. 39:100.121, Subpart
23
Q-2 of Part II of Chapter 1 of Subtitle I of Title 39 ofthe Louisiana Revised Statutes
24
of 1950, comprised of R,S. 39:100.123, Subpart Q-3 of Part II of Chapter 1 of
25
Subtitle I of Title 39 of the Lou siana Revised Statutes of 1950, comprised of R.S.
6
7
I
‘a
/
fc
C>
St
,cS
c
of the Louisiana Revised Statutes of 1950,
Page 1 ofl7
Coding: Words which are struck hl
.r
—.
SB NO. 590
o
ENROLLED
1
39 of the
39:100.124, Subpart Q-4 of arfi of Chapter 1 of Subtitle I of Title
2
Louisiana Revised Statutes of 1
0, comprised of R,S. 3g:100.125, R.S. 39:227.2,
4
Revised
2161, and 2165.10; Part LX o4Chapter 5 of Title 40 of the Louisiana
V
/
9 and
46:260
63;
R.S.
1300.2
and
0.221
Statutes of 1950, comprised o$.S. 40:130
5
48:3
2802; R.S. 47:120.81,322.44,132.15,332.50,463.88(F) and(S); R.S.
6
treasury
51:955.5, 1262.1, and 23 15(Df relative to the elimination of certain special
7
Grant
funds; to eliminate the Gene al Aviation and Reliever Airport Maintenance
8
Program Fund, Agricultur
9
t
Development Fund, Formf san Termite Initiative Fund, School and Distric
3
j
ma
I
‘a
; R.S.
Products Processing Development Fund, Rural
10
Accountability Rewards F
d, Teacher Educational Aid for Children Fund, Job
11
Reserve Fund, Teachers
ducation Incentive Program Trust Fund, Louisiana
12
ing Fund,
Opportunity Loan Fund, firector of Workers’ Compensation Revolv
13
ilitation
Domestic Violence Victim Account, Special Fund for theVocadonal Rehab
14
Casino
of Individuals with Disa4lities. Louisiana Historic Cemetery Trust Fund,
15
Used Oil
Gaming Proceeds Fund, State Disaster or Emergency Relief Fund,
16
Additional
Recycling Trust Fund, Greater New Orleans Expressway Commission
17
Motor Vehicle
Cost Fund, Office of M4r Vehicles Testing Fund, Louisiana Used
18
tion Fund,
Commission Fund, All$i Parish Local Government Gaming Mitiga
19
Louisiana
Louisiana Blighted PrQperty Reclamation Revolving Loan Fund,
20
Auctioneers LicensingBgardFund, Addictive Disorders Professionals
21
Certification Fund, Smal(Contract Bond Fund, Municipalities Energy
22
Manufactured
Louisiana Economic açd Port Development Infrastructure Fund,
23
Mobile Home
Home Tax Fairness und, Grants for Grads Fund, FEMA
24
m Fund,
Reimbursement Fund,4 Hurricane Recovery Health Insurance Premiu
25
ation Fund,
Walking the Walk of Our Kids Fund, Technology Commercializ
26
Statewide Education Facilities Fund, Capitol Complex Master Plan Fund,
27
Detection
Relief Programs Fraud. Detection Fund, Oil Spill Relief Programs Fraud
28
o Control
Fund, Community-based Primary Health Care Initiative Fund, Tobacc
29
Child
Program Fund, Louisiana Children, Youth and Families Investment Fund,
30
Claiborne
Poverty Prevention F ud, St. Helena Parish Tourist Cornniission Fund,
Licensing and
ExpenseFund,
Hurricane
Page 2 of 17
tlal
struk
SB NO. 590
/
I
Parish Tourism and Economic Developmet)/Fund, ICappa Kamp Fund, Railroad
2
Crossing Safety Fund, Broadband Infrastru, re and Information Technology Fund,
3
Louisiana Welcome Center Jmproveme/t Fund, Rural Economic Development
4
Account, and the Manufactured and Mobe Homes Settlement Fund; to authorize the
5
transfer of balances between funds; to provide for deposit of monies into the state
6
general fund; and to provide for relatel mailers.
7
I
Be it enacted by the Legislature of Louisianjc
8
Section 1. R.S. 3:3391.12(C) is heby enacted to read as follows:
9
§3391.12. Enforcement; civil penalties
*
*
10
*
11
C. All assessments, fees, penalties, and other funds received under the
12
provisions of this Part shall be deposited immediately upon receipt into the state
13
treasury.
14
Section 2. R.S. 17:3045,3 and 3045.8 are hereby amended and repnaetedto read as
15
16
wsj
._—_—-—“
A. Th’..lcgislatun..ala.ll
csppIuyL;at
all fimds out uf til... LA-OP Luruna
18
to the
19
apptupnatiuu L, tIn. .eunaniSavu Lviii (In. ataL cuc.al fund fb
1
20
uiakiis lOwrn jAuSUflflt to th
s.
1
at
1
cl
CuumiSiun
£.,k
thg uimmSiOu’S uaC i
1 malu.np lothis
additon to &ay
this pUipOSi..
üf
21
Th The commission may administer and manage all money, including imx
22
appropriation to the commission from the state izeneral fund for the nurpose of
23
making loans pursuant to this Chapter, all interest made on loans pursuant to this
24
Chapter and all principal repaid on loans that has been appropriated in whatever
25
marmermaximizes the amount ofmoney available for LA-OP loans that is consistent
26
with federal reinsurance requirements and state budget practices.
27
28
V
§3045.3. Appropriation; procedure
17
1i0I
ENROLLED
*
*
*
§3045.8. Loan funds; availability
29
The receipt of a LA-OP loan by an eligible borrower is subject to the
30
availability of lending capital provided by appropriation and LA-or Loan Fin
J
1
Page 3 ofl7
Coding: Words which are struck Uao are deletions from existing law;
v
/
ENROLLED
SBNO. 590
1
Section 5. Notwithstanding any provision of this Act to the contrarY?afi?’)
2
the payments set forth in Sections 3 and 4 of this Act are made, any money that
3
d shall be deposited
1
remains in th Mauufauturd and Mobilc IIus.at,a &ttluitit.iit r.
4
in and credited to the state general find.
*
5
II 77
Pter 4-A of TitiJ the
Section 13.
6
Louisiana Revised Statutes of1950, comprised o
7
of Chapter 11 of Title 2j)
uisiana Revised Statutes of 1950, comprised of 3/S. 23:1771 through_1i7R.S.
10
(1:93306). 940 and 944jR.S._27:270(B)R.S. 29:73V’1R.S.30:2417(B) and
11
i412(HX2) and (3), af.3c
rt H
fl9;
ubpa
1
37:3
R.S. 33:3006,476/jand 477.91R.S. S
12
of Part JLof Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,
13
7 L of Part IIf Chapter 1 of Subtitle I of
comprised of R.S. 39:100,11 and 100,12, Subpaa
14
15
Title 39 of the Louisiana Revised Statutes of 1950, comprised of R.S. 39:100.36, Subpart
/
A
P of Part Wof Chapter 1 of Subtitle I of Tit1e39 of the Louisiana Revised Statutes of 1950,
16
comprised of R.S. 39:100.71, 100.93, Sj art P-3 of Part II of Chapter 1 of Subtitle I of
17
Title 39 of the Louisiana Revised Statutás of 1950, comprised of R.S. 39:100.101, Subpart
18
Q of Part Jfof Chapter 1 of Subtitle I/of Title 39 of the Louisiana Revised Statutes of 1950,
19
comprised of R.S. 39:100.121, Subpart Q-2 of Part Ilof Chapter 1 of Subtitle I of Title 39
20
of the Louisiana Revised Statuths of 1950, comprised of R.S. 39:100.123, Subpart Q-3 of
21
Part flChnpter I of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950,
22
comprised of R.S. 39:100.124, Subpart Q-4 of Part IIf Chapter 1 of Subtitle I of Title 39
23
of the Louisiana Revjied Statutes of 1950, comprised of R.S. 39:100.125, R.S. 39:127.2,
24
2161, and 2165
25
/
/
/
‘V
1
Part LX of ChapterS of Title 40 of the Louisiana Revised Statutes of
a
1950, compri d of R .5, 40:1300.221, and l3004R.S. 46:2609 ¶22; R. s.
26
47:120.81, a22.44, 332.15, 332.50, 463,88(F) and (0); R.S. 48:393; and ItS. 51:955.5,
27
1262.1, hd 2315(D) are hereby repealed in their entirety.
28
1 lOB
.5.3:321 through 323, and 3391 .13)R.S.
:131 OJ&art
8
9
*
*
Section 14. The st?e treasurer is authorized arid directed to transfer any balances
29
remaining in the fund repealed and abolished in Sections 1 through 13 of this Act to
30
stategeneralpad
$c.T
WilNo.
s)
Page 16 of 17
WI
ENROLLED
SB NO. 590
Section 25. This Act shall became effective on Jul
2, 2012; if vetoed by the
2
become effective on
governor and subsequently approved by the legislature, thi Act shall
3
July 1, 2012, or on the day following such approval by
FRESH)
e legislature, whichever is later.
OFTH S
ATE
—d
SP AKER OF T
OUS
GOVERNOR OF HE S
APPROVED:
Ce
REPRJ3SENTATWES
E OF LOUISIANA
Ijt’
C
/
tta
Page 17 of 27
Coding: Words which are sU ad..
cored
are additions.
unders
ce
and
type
words in boldfa
2 p’
ENROLLED
HOUSE BILL NO. 591
BY REPRESENTATIVE SIMON
-
La State Law Institute
COPY
PRINT
CIassillcatiOfl_______
AN/ACT
2
To amend and reenact R.S. 36:259(T), /o2(introductory paragraph), and 901(A), ItS.
3
46:2633(D) and (B), 2634(B)(2/ (3), (13), (13), and (H), and 2635(A), (B), and (C)
4
and to enact ItS. 46:2533(F)/relative to administration of the Traumatic Head and
5
Spinal Cord Injury Trust 4nd; to provide for certain duties of the Department of
6
Health and Hospitals, o
7
Head and Spinal Corp Injury Trust Fund; to provide for composition and certain
B
duties of the Tra
9
to provide for the dvisory capacity of the Traumatic Head and Spinal Cord Injury
10
Trust Fund Ad amy Board within the Department of Health and Hospitals; and to
11
provide for re ted matters.
12
13
14
15
16
/
/
ce of aging and adult services, relative to the Traumatic
tic Head and Spinal Cord Injury Trust Fund Advisory Board;
Be it enacted by the egislatuare of Louisiana:
Section 1. R.S. 36:259(T), 802(introductory paragraph), and 901(A) are hereby
amended and re
tcted to read as follows:
9
§259. Transfer of agencies and functions to Department of Health and Hospitals
*
*
*
17
T. The Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board
18
1
[tS. 46:2631 through Sps
263 hereby placcd within the Department of Health and
19
Hospitals and shall exercise and perform its powers, duties, functions, and
20
responsibilities in the manner provided for agencies transferred in accodance with
the provisions of. JG.802R.S. 36:901
et:eLJ
23
§802. Transfer, retention of policymaking and rulemaking functions
24
The agencies transferred by the provisions of R,S. 36:209(Q), 239(E),
25
259(B), 259(T), 309(B), 359(B), 409(C), 459(B), 509(B), 610(B), 62gm, and 769(C)
Page 1 of6
CODING: Words in sh ads. h
b type are deletions from existing Law; words underscored
3
are additions.
ENROLLED
HB NO. 591
1
shall continue to be composed and selected as provided by law, and each shall
2
continue to exercise all ofthe powers, duties, functions, and responsibilities provided
3
or authorized for each by the constitution or laws which are in the nature of
4
policymaking, rulemalcing, licensing, regulation, enforcement, or adjudication and
5
also shall continue to exercise all advisory powers, duties, fhncfions, and
6
responsibilities provided by law. Suchpowers, duties, functions, and responsibilities
7
shall be exercised independently of the secretary and any assistant secretary, except
8
that:
*
9
10
*
*
§901. Transfer; merger and consolidation of functions; advisory agency
11
A. The functions, powers) duties, responsibilities, programs, and operations
12
of each of the agencies transferred by the provisions of R.S. 36:109(D), R.S.
13
36:209(C), R.S. 36:209(M)(2),R.S, 36:259(D),R.S.36:259m.ILS. 36:309(C), R.S.
14
36:359(C), R.S. 36:409(E), R.S. 36:509(E) and (N), itS. 36:559(D), R.S. 36:629(Q),
15
ItS. 36:651(G), and R,S. 36:744(D) on the date of each such transfer shall vest in
16
and thereafter be the responsibility of the secretary of the department to which the
17
transfer is made and shall be administered by the secretary in accordance with the
18
powers vested in him by this Title and the applicable laws pertaining to each agency,
19
except for those functions of each which are required to be performed and
20
administered by the undersecretary ofthe department as heretofore provided for each
21
bythis Title. Each agency thus transferred shall continue in existence, the members
22
thereofshall continue in office and hereafter shall be selected in the manner provided
23
by law for each, and each agency hereafter shall serve solely in an advisory capacity
24
to the secretary with respect to policies concerning matters within the purview of
25
each as originally created.
26
27
*
Section 2. R.S. 46:2633(0)
28
263 5(A), (B), and (C)
29
enacted to
*
*
2634(B)(2), (3), (13), (D), and (H), and
y amended and reenacted and R.S. 46:2633(F) is hereby
Page 2 of 6
CODING: Words in sua.i thsuutype are deletions from existing law; words underscored
are additions.
ENROLLED
FIB NO. 591
1
§2633. Traumatic Head and Spinal Cord Injury Trust Fund
2
*
*
*
3
0.0) The monies in the fund shall be used solely for programs designed to
4
provide services to Louisiana citizens disabled by traumatic head and spinal cord
5
injuries, for the administrative costs of the programs, reimbursement of travel
6
expenses of members of the Traumatic Head and Spinal Cord Injury Trust Fund
7
Advisory Board which are incurred in the discharge of their duties, and as provided
8
in Paragraph (2) of this Subsection, Disbursement ofthe amount appropriated to the
9
department each year shall be made as determined by the baid department. In
10
determininz disbursement of monies in the fund, the department shall take into
11
account any recommendations of the board.
12
d department may authorize disbursement of an amount not to
1
(2) The Lc,a
13
exceed fifty thousand dollars per year for the establishment and operation of an
14
information resource center.
15
(3) Money in the fund may be used to match available federal ±hnding in
16
order to provide enhanced or expanded services to persons eligible for benefits
17
nursuant to the provisions of this Chapter. However, sufficient money shall he
18
retained in the fund to provide payment for services for persons who are not eligible
19
for services through federally funded sources.
20
E. The Ld department shall:
21
LU ddcatninc Determine the eligibility of programs to receive fianding
22
(2)
23
24
25
Promulgate the rules and reaulations necessary to implement the
provisions of this Chapter.
(3 Establish priorities and criteria for disbursement of the find and act to
obtain maximum benefits available.
26
(4) tnvestiate the needs ofthe head-injured and spinal cord-injured, identify
27
any gays in services, and prepare and submit an annual report with recommendations
28
to the legislature and the sovernor sixty days prior to each regular session of the
29
legislature.
Page 3 of 6
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.agh type are deletions from existing law; words underscored
1
are additions.
V
I—
ENROLLED
1-113 NO. 591
(5) Monitor. evaluate, and review the develonment and quality of services
1
2
and programs fhnded through the fund.
3
(6’) Arrange for ±11 and accurate financial records to be maintained in
4
compliance with law and shall malce a full and complete report to the board
5
quarterly. The department is specifically prohibited from publishing newsletters or
6
other publications typically used in mass mailings.
7
cud the adwiuah4iuu Administration of the fund shall be exercised by
8
the Department of Health and Hospitals, office of aging and adult services, in
9
accordance with the provisions of this Chapter.
10
§2634. Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board;
creation; membership
11
*
12
*
B. The Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board
13
14
*
shall be composed of thirteen members as follows:
*
15
the Louisiana head lujur) Foa
datiuu
1
(2) The ch.utiy.
16
*
*
Ca
his
17
A representative of an organization recognized for its work in advocacy
18
programs for persons with traumatic head injury, appointed by the governor from a
19
list of names submitted by such organization.
. Louisi.ma OLrnl Cd Iujuty A.zciatiou
1
(3) The cxc.Gv diictor ftL
20
hi L
igu.. A renresentative of an organization recognized for its work in
0
21
Cii
22
advocacy programs for persons with spinal cord injury. appointed by the governor
23
from a list of names submitted by such organization.
*
24
25
*
*
(13) The t4
id of the Louisu DGULLII Assou.atasu
t
ji
it
u
hiS dpiuCC
26
director of Louisiana Rehabilitation Services within the Louisiana Workforce
27
Commission.
*
28
29
30
*
*
D.(+) The board shall meet and organize immediately after appointment of
its members and shall elect a chairman and
a
cr from its membership and
1
Lu
Page 4 of 6
CODING: Words in L
are additions.
thouh type are deletions from existing law; words underscored
ENROLLED
HB NO. 591
1
other officers it might deem appropriate, The board shall adopt rules for the orderly
7
transaction of business and shall keep a record of its resolutions, transactions,
3
findings, and determinations. A niajojity of thc diIdnL qspoinLd to tl’. Ugaid
4
shall cunatituL
5
reimbursed for travel expenses necessarily incurred in the discharge of their duties
6
at the rate provided state employees.
(2) The
7
8
mntmnd
9
bd
10
Members shall serve without compensation but shall be
m1.
nsu aball
imj.
abJi usako a full and wmpLL
wth Lw
mumph1
. Luwd
t
Th
ja
1 thil and iaautaL fiuwn&ial tt,tLida ti, be
ft,
L, th
.
1
tJ liL,m yuLLaLnaj ucwslAta
L
b
aafi...allj 1
t
p
1 pubbatiuus tyilly djdm maaa mailma.
otls
*
11
*
*
12
H. The board shalE serve in an advisory capacity to the office of aging and
13
adult services of the department in all phases of administration by the deuartment of
14
the Traumatic Head and Sninal Cord Injury Trust Fund.
15
(1)
16
pLUY*SLU
17
18
19
L and tuaLion n...i.ssaiy to implcuaut tla,
1
Pmmdgatc. tho t
uf this Chatcu
iOflbCS and x.Lna fo
1
1 disb.a,taw..ut of tl.c thud and ct to
(2) EataLlish y
ubtain maxnaun bc..fi6 available.
(3) InV.at1At tL nido
ini aya in aa
21
Lu LU... I alatua... and Lb...
22
ialat1.U I...
5
l
23
t.utd-snjur$ icLntd5’
th ttmcudahous
.tud tttp&i and&tbn.nL du L.sI.al irnt 1
20
/iC..a,
Lasad-n.jurial ai.id
OVtuui a.atj
..lys
(4) M..,Jt..,., valuaL, and rt.vi...w Lb...
24
uugli Lb... fu.,d.
1
nndpru.t.u fundcd tb
25
§263 5. Expenditures
pisca
Lu .nn.Ii .alai
&vduputt
SOSSiun
c
1
ftl
arid gu..Lty ufscrvtcc.s
26
A. Except as provided in ItS, 46:2633Q))(2), money in the trust find shall
27
be distributed for the sole purpose of finding the cost of care or supportive services
28
for traumatic head and spinal cord injury, including the administrative costs
29
attributable to services provided by the trust find program. The find shall be
Page 5 of 6
CODING: Words in sL.
k thiuuth type are deletions from existing law; words underscored
4
are additions.
ENROLLED
FIB NO. 591
I
considered as a source of last resort after private and governmental sources have
2
been expended for Louisiana citizens.
t.
3
B. Authorization of expenditures for spinal cord injury care and head injury
4
care shall be made by the office of aging and adult services, within the Department
5
of Health and Hospitals, according to criteria established by the buthd depaent
6
through administrative rule.
7
C. Expenditures may include but are not limited to post-acute medical care
B
rehabilitation, therapies, medication, attendant care, home or vehicle accessibility
9
modifications, and equipment necessary for activities of daily living, provided that
10
such expenses are related to the spinal cord injury or traumatic head injury.
12
I—
*
*
11
*
Section 3. This Act shall become effective upon s’
ature by the governor or, if not
13
signed by the governor, upon expiration ofthe lfor bills to become law without signature
14
by the governor, as provided by Article
15
vetoed by the governor and subse
16
effective on the day followin
,
ection 18 of the Constitution of Louisiana. If
ntly approved by the legislature, this Act shall become
uch approval.
SPEAKER OF THE HOUSE OF it
PSDENT
T
OR OF THE TATE OF
GOVE
J
7
SENT_K
S
I
APPROVED:
1
Page 6 of 6
CODING: Words in sLack tbwugh type are deletions from existing law; words underscored
are additions.

II - Louisiana State Law Institute

Transcription

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