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Regular Session, 2010
HOUSE BILL NO. 1216
BY REPRESENTATIVE GALLOT
LEGISLATION: Makes technical corrections in various provisions of the Louisiana
Revised Statutes
AN ACT1
To amend and reenact various provisions of the Code of Civil Procedure and the Code of2
Criminal Procedure and provisions of the Louisiana Revised Statutes of 1950,3
relative to the Louisiana Revised Statutes of 1950 and certain codal provisions of4
law; to provide for technical corrections to certain Revised Statutes and codal5
provisions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Civil Procedure Article 2593 is hereby amended and reenacted8
to read as follows:9
Art. 2593. Pleadings10
A summary proceeding may be commenced by the filing of a contradictory11
motion or by a rule to show cause, except as otherwise provided by law.12
Exceptions to a contradictory motion, rule to show cause, opposition, or13
petition in a summary proceeding shall be filed prior to the time assigned for, and14
shall be disposed of on at, the trial. An answer is not required, except as otherwise15
provided by law.16
No responsive pleadings to an exception are permitted.17
Section 2. Code of Criminal Procedure Articles 512 and 513 are hereby amended18
and reenacted to read as follows:19
Art. 512. Assignment of counsel in capital cases20 HLS 10RS-1116 ORIGINAL
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When a defendant charged with a capital offense appears for arraignment1
without counsel, the court shall provide counsel for his defense in accordance with2
the provisions of R.S. 15:145 R.S. 15:141 et seq. Such counsel must be assigned3
before the defendant pleads to the indictment, but may be assigned earlier. Counsel4
assigned in a capital case must have been admitted to the bar for at least five years.5
An attorney with less experience may be assigned as assistant counsel.6
Art. 513. Assignment of counsel in other cases7
In the case of an offense punishable by imprisonment, when the defendant8
appears for arraignment without counsel, the court shall inform him before he pleads9
to the indictment of his right to have counsel appointed to defend him if he is10
indigent. When a defendant states under oath that he desires counsel but is indigent,11
and the court finds the statement of indigency to be true, the court shall provide for12
counsel in accordance with the provisions of R.S. 15:145 to the defendant before he13
pleads to the indictment before the defendant pleads to the indictment, the court shall14
provide counsel for the defendant, in accordance with R.S. 141 et seq.15
Section 3. Title 3 of the Louisiana Revised Statutes of 1950 is hereby amended and16
reenacted to read as follows:17
§3501. Short title18
This Part Chapter shall be known as "Louisiana Commodities Marketing19
Law".20
§3502. Definitions21
As used in this Part Chapter, unless the context otherwise requires:22
(1) "Administrative rules and regulations" means rules and regulations that23
are applicable to a particular marketing order which is issued and made effective by24
the commissioner pursuant to R.S. 3:3552.25
* * *26
(4) "Commodity," except as otherwise provided in R.S. 3:3509(F), means27
any agricultural, horticultural, floricultural, aquacultural, or vegetable product which28
is produced in this state, and any class, variety, or utilization of such product, either29 HLS 10RS-1116 ORIGINAL
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in its natural state or in processed form for marketing. It does not, however, include1
all of these or their products: milk, timber, cotton, bees, honey, rice, soybeans,2
livestock, poultry, feedcorn, sugar cane, and sweet potatoes.3
* * *4
(11) "Major amendments" means amendments to any marketing order or5
agreement which are made pursuant to R.S. 3:3517. It does not include a seasonal6
marketing regulation.7
* * *8
(15) "Person" means an individual, firm, corporation, association, or any9
other business unit, and includes any state agency which engages in any of the10
commercial activities which are regulated pursuant to the provisions of this Chapter.11
* * *12
(21) "Seasonal marketing regulation" means marketing regulations that are13
applicable to a particular marketing order which are made effective by the14
commissioner pursuant to R.S. 3:3513.15
* * *16
§3503. Policy, purposes17
* * *18
E. The marketing of commodities within this state is hereby declared to be19
affected with a public interest. The provisions of this Part Chapter are enacted for20
the purpose of protecting the health and general welfare of the people of this state.21
F. The purposes of this Part Chapter are to do the following:22
* * *23
§3504. Compliance; defense to civil proceedings24
Proof that an act was done in compliance with the provisions of this Part25
Chapter shall be a complete defense to any civil action or proceeding arising26
therefrom.27
§3506. Volume or quantity defined28 HLS 10RS-1116 ORIGINAL
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The terms, volume or quantity, except as in R.S. 3:3513, may be in terms of1
gross dollar value if the commissioner finds that such volume or quantity cannot be2
readily ascertained otherwise, or that gross dollar value is a more equitable measure3
of the commodity involved.4
§3507. Exceptions to Chapter5
A. This Part Chapter does not apply to any order, rule, or regulation which6
is issued by the Louisiana Public Service Commission or the Interstate Commerce7
Commission with respect to the operation of common carriers.8
B. This Part Chapter is not applicable to any retailer of any commodity9
except to the extent that such retailer also engages in the production, processing, or10
distribution of any commodity.11
C. This Part Chapter is not applicable to producers who sell directly to retail12
stores but shall be applicable if these producers sell through the distribution13
warehouses of these retail stores.14
§3508. Administration15
A. The commissioner shall administer and enforce this Part Chapter.16
B. The commissioner may issue, administer, and enforce the provisions of17
any marketing order issued pursuant to this Part Chapter which regulates producer18
marketing or the handling of any commodity within this state.19
C. The commissioner may do all of the following:20
(2) Conduct joint hearings and issue joint or concurrent marketing orders for21
the purposes and within the standards which are set forth in the Part Chapter.22
* * *23
§3509. Marketing orders and agreements24
A. Subject to the provisions, restrictions, and limitations which are imposed25
in this Part Chapter, the commissioner may issue marketing orders which regulate26
producer marketing, the processing, distributing, or handling in any manner of any27
commodity by any and all persons that are engaged in such producer marketing,28
processing, distributing, or handling of such commodity within this state.29 HLS 10RS-1116 ORIGINAL
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* * *1
C.(1) The commissioner may issue a marketing order, applicable to the2
marketing, within this state, of any commodity, which contains like terms,3
provisions, methods, and procedures as any license or order that regulates the4
marketing of such commodity in interstate or foreign commerce which is issued by5
the secretary of agriculture of the United States pursuant to the provisions of any law6
or laws of the United States.7
(2) In selecting the members of any board or other advisory agency under8
such order, the commissioner shall, in so far as practicable, utilize the same persons9
as those serving in a similar capacity under such federal license or order, so as to10
avoid duplicating or conflicting personnel.11
(3) Any board, agency, or committee so appointed by the commissioner shall12
be responsible to the commissioner for the performance of such of their duties as13
relate to the administration of any such marketing order which is issued by the14
commissioner.15
D. Any marketing order which is issued by the commissioner pursuant to this16
Part Chapter shall designate the geographic boundaries which it encompasses such17
as, parish, districts, or state and shall embrace all persons of a like class that are18
engaged in a specific and distinctive agricultural industry or trade within the19
geographic boundaries encompassed by the order.20
* * *21
F. The purposes and provisions of the Part Chapter which relate to marketing22
orders are applicable to marketing agreements except as follows:23
(1) Subsection G of R.S. 3:3510(G), which requires the preparation of an24
official list of the names and addresses of all producers and the volume of such25
commodity which was produced or marketed by all such producers in the preceding26
marketing season and a list of the names and addresses of all handlers and the27
volume of such commodity which was handled by all such handlers, during the28
preceding marketing season, is not applicable to marketing agreements.29 HLS 10RS-1116 ORIGINAL
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(2) R.S. 3516(A)-(E), and the provisions of R.S. 3:3519 which prescribe1
requirements for termination by request in writing, are not applicable to marketing2
agreements. Prior to the issuance of any marketing agreement or amendment to it,3
the commissioner shall find, that the marketing agreement, or any amendment to it,4
has been assented to by a sufficient number of signatories that handle a sufficient5
volume of the commodity which is affected to accomplish the objectives of such6
agreement or amendment and provide sufficient moneys from assessments levied to7
defray the necessary expenses of formulation, issuance, administration, and8
enforcement.9
(3) R.S. 3:3525(C) is not applicable to marketing agreements.10
G. Notwithstanding the provisions of R.S. 3:3502(4), the commissioner may11
issue and make effective marketing orders or marketing agreements that affect12
handlers only which include only the provisions which are authorized in R.S.13
3513(F-J) and (L), or any of such provisions, but no others, as may be applicable to14
the commodity that is regulated which is handled within this state, without regard to15
whether or not such commodity is produced within this state.16
* * *17
I. The commissioner may issue and make effective a marketing order or18
marketing agreement which applies to two or more commodities. The producers or19
handlers of each commodity encompassed by such marketing order or agreement20
shall have all rights and privileges as though such producers or handlers were21
directly affected by a marketing order or agreement regulating only a single22
commodity. If the producers or handlers of one commodity who are directly affected23
by a marketing order or agreement which applies to two or more commodities act to24
enjoin, amend, suspend, or terminate the provisions thereof to such commodity, the25
order or agreement shall be enjoined, amended, suspended, or terminated with26
respect to any other commodity regulated by such order or agreement unless the27
commissioner finds such injunction, amendment, suspension, or termination28
respecting one commodity makes continuance of the order or agreement no longer29 HLS 10RS-1116 ORIGINAL
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feasible or it fails to attain the objectives of this Chapter. A marketing order or1
agreement applicable to more than one commodity is deemed to be severable with2
respect to each commodity encompassed by it and also severable as to each sentence,3
clause, or part as it applies to each commodity. There shall be a clear and concise4
definition or identification of each commodity regulated by such multiple5
commodity marketing order or agreement.6
§3510. Notice, reports, and hearing7
A. If the commissioner has reason to believe that the issuance of a marketing8
order or amendments to an existing marketing order will tend to effectuate the policy9
of this Part Chapter, he shall give notice of not less than thirty days for a public10
hearing upon a proposed marketing order of such amendments to such existing11
market order. In an emergency situation, the commissioner may, upon citing the12
nature of the emergency in the notice, give less than thirty days notice.13
* * *14
C. The notice of hearing shall set forth all of the following:15
* * *16
(3) A statement that the commissioner will receive, at such hearing, in17
addition to testimony and evidence as set forth in R.S. 3:3511, testimony and18
evidence with respect to the accuracy and sufficiency of lists on file with the19
commissioner which show the names and addresses of producers or handlers of such20
commodity that are directly affected by such proposed marketing order or proposed21
amendments, and the quantities of such commodity which were delivered by such22
producers to handlers, or handled by such handlers, in the marketing season23
preceding such hearing.24
* * *25
F. Each handler of such commodity that may be directly affected by the26
provisions of such proposed marketing order shall file such verified report with the27
commissioner within the time which is specified in Subsection D. Failure or refusal28
of any handler to file the report within the time which is specified does not invalidate29 HLS 10RS-1116 ORIGINAL
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any proceeding which is taken or marketing order which is issued pursuant to this1
Chapter. The commissioner shall proceed upon the basis of such information and2
reports as may otherwise be available.3
* * *4
K. At the hearing, the commissioner shall receive, in addition to other5
necessary or relevant matters, evidence upon all of the following:6
(1) The matters which are set forth in R.S. 3:3511.7
* * *8
M. If the commissioner finds that a referendum shall be had, he shall direct9
that a referendum be held in accordance with the provisions of R.S. 3:3516(A)-(E),10
inclusive.11
§3511. Findings12
A. For marketing orders containing provisions only for the establishment of13
grade, size, quality, or condition specification, or for uniform grading and inspection,14
or the elimination of unfair trade practices, or provisions for advertising or sales15
promotion, or for research, or for the establishment of necessary facilities specified16
in R.S. 3:3513(E), Subsection E, the commissioner may issue such marketing order17
if he makes all of the following findings:18
(1) That such marketing order is reasonably calculated to attain the19
objectives which are sought in such marketing order.20
(2) That such marketing order is in conformity with the provisions of this21
Part Chapter and within the applicable limitations and restrictions which are set forth22
in this Part Chapter and will tend to effectuate the declared purposes and policies of23
this Part Chapter.24
(3) That the interests of consumers are protected in that the powers25
established by this Part Chapter are being exercised only to the extent which is26
necessary to attain such objectives.27
B. In making any findings pursuant to this Subsection, the commissioner28
shall base his findings upon the facts, testimony, and evidence which is received at29 HLS 10RS-1116 ORIGINAL
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the public hearing together with any other relevant facts which are available to him1
from official publications or institutions of recognized standing and which are2
included in the record at such hearing. These findings constitute the final provisions3
of the marketing order to be presented for referendum vote.4
§3512. Advisory boards and committees5
* * *6
E. A member of an advisory board is entitled to a per diem of twenty-five7
dollars while engaged in performing his duties that are authorized by this Part8
Chapter and, with the approval of the advisory board concerned, may receive per9
diem not to exceed twenty-five dollars per day for each day spent in actual10
attendance at, or traveling to and from, meetings of the board or on special11
assignment for the board.12
F. The commissioner may authorize an advisory board to do all of the13
following:14
* * *15
(3) Incur such expenses, to be paid by the commissioner from monies which16
are collected as provided in this Part Chapter, as the commissioner may deem17
necessary and proper to enable the advisory board properly to perform its duties.18
* * *19
§3513. Terms of marketing orders20
A. Any marketing order which is issued by the commissioner may contain21
any or all of the provisions which are prescribed by this Section for regulating, or22
providing methods for regulating producer marketing, or the handling, or any of the23
operations of processing or distributing by handlers, of any commodity within this24
state, but no others.25
* * *26
F.(1) A marketing order may contain provisions for the establishment of27
plans for advertising and sales promotion to maintain present markets or to create28 HLS 10RS-1116 ORIGINAL
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new or larger markets for any commodity which is grown in this state, or for the1
prevention, modification, or removal of trade barriers which obstruct the free flow2
of any commodity to market. The commissioner may prepare, issue, administer, and3
enforce plans for promoting the sale of any commodity.4
(2) Any such plan shall be directed toward increasing the sale of the5
commodity without reference to any private brand or trade name which is used by6
any handler with respect to the commodity regulated by the marketing order.7
(3) No advertising or sales promotion program shall be issued by the8
commissioner which makes use of false or unwarranted claims in behalf of any such9
product, or disparages the quality, value, sale, or use of any other commodity.10
* * *11
H. A marketing order may contain provisions which relate to the prohibition12
of unfair trade practices. In addition to the unfair trade practices now prohibited by13
law, applicable to the processing, distribution, or handling of any commodity within14
this state, the commission may include in any marketing order which is issued15
provisions that are designed to correct any trade practice which affects the16
processing, distributing, or handling of any commodity within this state which the17
commissioner finds, after a hearing upon the marketing order in which all interested18
persons are given an opportunity to be heard, is unfair and detrimental to the19
effectuation of the declared purposes of this Part Chapter.20
I. A marketing order may contain provisions for carrying on research studies21
in the production, processing, or distribution of any commodity and for the22
expenditure of moneys for such purposes. Production research for the purpose of23
determining the production, processing, and distribution qualities of perennial24
agricultural commodities may be established for the period of time necessary, not to25
exceed ten years to make such determination even though the period of time26
necessary may extend beyond the term of the marketing order or agreement27
involved, provided the commissioner finds there is no satisfactory alternative method28
to accomplish the desired research, and provided further, that the commissioner has29 HLS 10RS-1116 ORIGINAL
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determined, after conducting a public hearing as provided for in R.S. 3:3510, and1
making the necessary findings as required by R.S. 3:3511, that such proposed2
research project shall be submitted for a vote of those persons being regulated, and,3
provided further, that valid votes have been cast in any such vote that represent not4
less than forty percent of the total number of producers of the commodity on record5
with the department, or not less than forty percent of the total number of handlers of6
the commodity on record with the department, or not less than forty percent of each7
of such producers and handlers of such commodity when both are affected; and8
provided still further that, in any such voting, a favorable vote was cast by not less9
than sixty-five percent of the total number of such producers, or such handlers, or10
both, respectively, and that such producers, handlers, or both, respectively, marketed11
not less than fifty-one percent of the total quantity of such commodity that was12
marketed in the preceding marketing season by all of the producers, or handlers, or13
both, respectively, that cast ballots in the vote for the proposed research study. An14
advisory board may recommend and the commissioner may approve that the funds15
necessary for such research be expended by an advisory board annually or allocated16
in a lump sum and placed in a trust account established by the commissioner for the17
purpose of ensuring the completion of such project. In the event a trust fund is18
established, the commissioner may also appoint a board of trustees to assist the19
commissioner in the administration of such research project. In any research in20
production or processing which is carried on pursuant to this Subsection, the director21
of the agricultural experiment station at Louisiana State University and Agricultural22
and Mechanical College and the advisory board which is provided for in R.S. 3:351223
shall cooperate in selecting the research project which is to be carried on from time24
to time. Insofar as practicable, the projects shall be carried out by Louisiana State25
University and Agricultural and Mechanical College, but if the director and the26
advisory board determine that the university has no facilities for a particular project,27
or that some other research agency has better facilities for it, the project may be28 HLS 10RS-1116 ORIGINAL
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carried out by any other research agency which is selected by the director and the1
advisory board.2
* * *3
L. A marketing order may contain provisions which establish, or provide4
authority for establishing, and for regulating the permissive use of any official board5
brand, trade name, or label, or other distinctive designation of grade, quality, or6
condition, except the grade or quality designations in effect pursuant to state or7
federal grade standards, for any commodity, whether as such commodity is produced8
or is delivered by producers to handlers, or as handled or otherwise prepared for9
market. The permissive use of any such board brand, trade name, or label or other10
distinctive designation of quality shall be limited to producers and handlers of the11
commodity that are participating in the marketing agreement or order, and that are12
in compliance with its provisions and with any regulation, or rule and regulation,13
which is adopted under it. Any official brand or trade name which is established14
pursuant to this Subsection shall not be construed as a private brand or trade name15
with respect to R.S. 3:3513(F).16
* * *17
(2) For the purposes of this Subsection, (a) assessments established pursuant18
to R.S. 3:3514 may include an assessment for nonbearing acreage as well as bearing19
acreage of the commodity affected by such predators, insects, disease, or parasite,20
and (b) the commissioner may use both the bearing and nonbearing acreage of such21
commodity as a measure of production for referendum purposes in relation to such22
assessments.23
* * *24
§3514. Assessments and funds25
* * *26
H. If any producer or handler that is duly assessed pursuant to the provisions27
of this Part Chapter fails to pay to the commissioner the amount so assessed on or28
before the date which is specified by the commissioner, the commissioner may add29 HLS 10RS-1116 ORIGINAL
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to such unpaid assessment an amount not exceeding ten percent of such unpaid1
assessment to defray the cost of enforcing the collection of such unpaid assessment.2
* * *3
N. All assessments, penalties, and other moneys received by the4
commissioner pursuant to the provisions of this Part Chapter shall be paid to the5
commissioner and shall be deposited in the state treasury to the credit of a revolving6
fund, one created for each marketing order under which it is collected and, except as7
provided in Subsection O, which funds shall be withdrawn from the state treasury8
upon warrant on the commissioner and shall be expended by the commissioner only9
for the necessary expenses which are incurred by the advisory board and which are10
approved by the commissioner with respect to each marketing order. No part of any11
such revolving fund shall revert to the general fund of this state.12
* * *13
P. Any check or warrant which is drawn against the funds of any marketing14
order which remains unclaimed or uncashed for a period of six months from the date15
of issuance shall be canceled and the money retained for disbursement to the original16
payee or claimant upon satisfactory identification for a period of one year from the17
time the check or warrant is canceled. The money so retained, if not claimed within18
the period of one year, shall be credited to the then currently operating marketing19
order for the commodity under which the funds so retained were collected. If there20
is no marketing order then in effective operation for the commodity, the funds shall21
be credited to the unexpended balance, if any, of the last previous marketing order22
for the commodity. If there is no marketing order then in current operation, or no23
balance exists from any previous marketing order to which the funds may be24
credited, the funds so retained may be expended by the commissioner for the benefit25
of any marketing order established under the provision of this Part Chapter.26
Q. Each marketing order or agreement shall be charged the amounts which27
are computed by the commissioner as required to reasonably provide for services to28
be rendered to such marketing orders by the department. Such amounts are subject29 HLS 10RS-1116 ORIGINAL
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to approval by the advisory board which is concerned, shall be included in each1
budget which recommended to and approved by the commissioner, pursuant to2
Subsections C and D, and shall be withdrawn as required by the commissioner and3
expended only for the necessary expenses which are incurred by the commissioner4
in the administration of this Part Chapter. Effective three years from implementation5
of any marketing order, the advisory board shall include in its budget any costs6
incurred by the department in the promotion and marketing of the products included7
in such marketing order.8
§3515. Deposits by applicants for marketing order9
A. Prior to the issuance of any marketing order by the commissioner, the10
commissioner may require the applicants for the issuance of the marketing order to11
deposit with him such amount as he may deem necessary to defray the expenses of12
preparing and making effective such marketing order. Such funds shall be received,13
deposited, and disbursed by the commissioner in accordance with the provisions14
which are set forth in R.S. 3:3514.15
B. The commissioner shall reimburse the applicant, from any funds for16
necessary expenses which he has received pursuant to R.S. 3:3514, for any of the17
following:18
(1) Any amount deposited with the commissioner by applicant pursuant to19
Subsection A.20
(2) For any necessary expenses which are incurred by the applicant in21
preparing and in obtaining approval of the marketing order, upon receipt of a verified22
statement of such expenses which is approved by the commissioner.23
§3517. Major amendments to marketing order24
A. In making effective major amendments to a marketing order, the25
commissioner shall follow the same procedures which are prescribed in this Part26
Chapter for the institution of a marketing order.27 HLS 10RS-1116 ORIGINAL
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B. For the purposes of this Part Chapter, a major amendment to a marketing1
order shall include, but not be limited to, an amendment which adds to or deletes2
from, a marketing order authority any of the following:3
* * *4
§3519. Termination or suspension5
A. The commissioner shall suspend or terminate any marketing order, if he6
finds, after a public hearing held in accordance with the provisions of R.S. 3:3510,7
that such marketing order is contrary to, or does not tend to effectuate the declared8
purposes or provisions of this Part Chapter.9
* * *10
(2) If the commissioner finds after the hearing that a substantial question11
exists as to whether such marketing order is contrary to, or does not effectuate the12
declared purposes or provisions of this Part Chapter, such marketing order shall be13
submitted for the reapproval of those producers and handlers that are directly14
affected, as provided in this Section within one hundred twenty days of the receipt15
of the original request.16
* * *17
D. If the commissioner finds that the marketing order is not reapproved18
pursuant to this Part Chapter, he shall declare such order terminated. An order shall19
be considered reapproved if it has been assented to or favored at a referendum in the20
same manner as is required for a new marketing order.21
* * *22
§3520. Publication of notice23
B. This Section does not apply to the termination of any marketing24
agreement under Subsection R.S. 3:3519(G)(1) and (2).25
§3521. General rules and regulations26
B. The provisions of R.S. 3:3520 relative to publication and time of taking27
effect are applicable to any such general rule and regulation which is established28
pursuant to this Section and applicable to marketing orders. Such notice shall be29 HLS 10RS-1116 ORIGINAL
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mailed to the advisory board for each marketing order or marketing agreement which1
is in active operation.2
§3522. Administrative rules and regulations3
C. The provisions of R.S. 3:3520 relative to publication, mailing of notice,4
and time of taking effect are applicable to any such administrative rules and5
regulations.6
§3523. Seasonal marketing regulations7
C. Seasonal marketing regulations shall not extend beyond the marketing8
regulatory authorizations which are specified in the marketing order or agreement,9
or modify or change the language of such marketing order by adding to, or10
subtracting from, such marketing order or agreement any of the marketing regulatory11
authorizations which are classed in R.S. 3:3517 as major amendments, or modify the12
language of any marketing order or agreement for the purpose of clarification as13
provided in R.S. 3:3518 for minor amendments.14
D. Notice of the issuance and the effective date of any such seasonal15
marketing regulations shall be given by the commissioner to all producers and16
handlers that are directly affected by any such regulations in the manner and within17
the time which is specified in the applicable marketing order or agreement, or as18
specified in the administrative rules and regulations which are made effective for19
such marketing order or agreement pursuant to R.S. 3:3522.20
E. It is intended that the provisions of this Section be interpreted liberally so21
that the commissioner may carry out the marketing regulations and procedures22
authorized in this Section in a practical and effective manner.23
§3524. Records24
A. The commissioner may require processors or distributors, that are subject25
to the provisions of any marketing order which is issued pursuant to this Part26
Chapter, to maintain books and records which reflect their operations under such27
marketing order, and to furnish him with such information as may be requested by28
him which relate to operations under such marketing order, and to permit the29 HLS 10RS-1116 ORIGINAL
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inspection by the commissioner of such portions of such books and records as relate1
to operations under such marketing order.2
* * *3
§3525. Actions and penalties4
B. The penalties prescribed by this Section apply in instances of any5
violation of any provision of this Part Chapter, any marketing order, or any6
regulation, or rule and regulation, which is issued by the commissioner.7
C. Any person that violates any provision of this Part Chapter, or any8
marketing order, or that violates any rule, or regulation which is issued by the9
commissioner for such marketing order, is liable for a civil penalty in an amount not10
to exceed a sum of one hundred dollars for each and every violation.11
D. It shall be a violation of this Part Chapter for any person not under the12
jurisdiction of such marketing order to use any identifying designation of grade,13
quality, or condition authorized by such order.14
* * *15
H. The commissioner shall, upon complaint of any interested party which16
charges any violation of any provision of any marketing order which is issued, do17
one of the following:18
(1) If necessary, immediately call an administrative hearing to consider the19
charges in such complaint.20
* * *21
O. If it appears to the court upon any application for a temporary restraining22
order, or upon the hearing of any order to show cause why a preliminary injunction23
should not be issued, or upon the hearing of any motion for a preliminary injunction,24
or if the court shall find, in any such action, that any defendant is violating, or has25
violated, any provision of this Part Chapter, any marketing order, or any regulation,26
or rule and regulation, the court shall enjoin the defendant from committing further27
violations and may compel specific performance of any obligation imposed by a28 HLS 10RS-1116 ORIGINAL
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marketing order or any regulation which is issued by the commissioner pursuant to1
this Part Chapter.2
P. In any suit brought by the attorney general to enforce any provision of this3
Part Chapter, any marketing order, or any regulation which is issued by the4
commissioner, the judgment, if in favor of the state, shall provide that the defendant5
pay to the commissioner the costs which were incurred by the commissioner and by6
the advisory board concerned with the administration of such marketing order in the7
prosecution of such action. Any money which is recovered shall be deposited in8
accordance with R.S. 3:3514.9
* * *10
§3531. Definitions11
As used in this part Chapter, the following terms shall have the following12
meanings:13
* * *14
§3532. Purpose15
The purpose of this part Chapter is to promote the growth and development16
of the rice industry in Louisiana by promotion of rice, thereby promoting the general17
welfare of the people of this state.18
§3533. Creation and organization19
* * *20
E. The members of the board shall meet and organize immediately after their21
appointment and shall elect a chairman, vice chairman, and secretary-treasurer from22
the membership of the board. The duties of the officers shall be those customarily23
exercised by such officers or specifically designated by the board. The board may24
establish rules and regulations for its own government and the administration of the25
affairs of the board and shall have the following duties, functions, and authorizations26
in addition to and in conjunction with the aforenamed:27 HLS 10RS-1116 ORIGINAL
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(1) To plan and conduct, in such manner as the board may determine,1
referenda among producers for the approval or disapproval of the program in2
accordance with the provisions of this part Chapter.3
* * *4
(6) To investigate and cause prosecution to be instituted for violation of the5
provisions of this part Chapter.6
§3534. Levy of assessment; referendum, collection, and enforcement; records;7
refunds; transfer of funds8
* * *9
E. Collection and enforcement. The assessment levied by this Chapter shall10
be collected by the commissioner. On rice sold by the producer, collection shall be11
from the buyer of the rice at the first point of sale only. On rice put under loan or12
purchased by the Commodity Credit Corporation and delivered to the Commodity13
Credit Corporation, collection shall be from the producer, or from the Commodity14
Credit Corporation on the producer's behalf. On seed rice, collection shall be from15
the handler performing the cleaning.16
F. Records. Every buyer shall keep a complete and accurate record of all17
rice purchased by him. Such records shall be in such form and contain such other18
information as the board shall by rule or regulation prescribe. The records shall be19
preserved by the buyer for a period of two years and shall be offered for inspection20
at any time upon oral or written demand by the commissioner or his duly authorized21
representative or agent thereof. Every buyer, at such time or times as the22
commissioner may require, shall submit reports or other documentary information23
deemed necessary for the efficient and equitable collection of the assessment levied24
in this Chapter. The commissioner shall have the power to cause any duly25
authorized agent or representative to enter upon the premises of any buyer of rice26
from which assessments were collected or to be collected and examine or cause to27
be examined by such agent any books, papers and records which deal in any way28 HLS 10RS-1116 ORIGINAL
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with respect to the payment of the assessment or enforcement of the provisions of1
this Part Chapter.2
* * *3
§3535. Failure to pay assessment; penalty4
C. Any person required to pay the assessments provided for in this part who5
refuses to allow full inspection of the premises, or any books, records or other6
documents relating to the liability of such person for the assessment herein imposed,7
or who shall hinder or in any way delay or prevent such inspection, shall be guilty8
of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding9
one thousand dollars or by imprisonment not to exceed six months, or both.10
D. Whoever violates any provisions of this part or any rule or regulation of11
the board pursuant to the provisions of this part shall be guilty of a misdemeanor and12
upon conviction thereof shall be punished by a fine not to exceed one hundred13
dollars or by imprisonment not to exceed thirty days, or both.14
§3541. Terms defined15
As used in this part Chapter, the terms defined in this section shall have the16
meanings herein given to them, except where the context expressly indicates17
otherwise:18
* * *19
§3542. Purpose20
The purpose of this part Chapter is to promote the growth and development21
of the rice industry in Louisiana by expanded research of rice, thereby promoting the22
general welfare of the people of this state.23
§3543. Louisiana Rice Research Board; creation and organization24
* * *25
D. The members of the board shall meet and organize immediately after their26
appointment and shall elect a chairman, vice chairman, and secretary-treasurer from27
the membership of the board, whose duties shall be those customarily exercised by28
such officers or specifically designated by the board. The board may establish rules29 HLS 10RS-1116 ORIGINAL
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and regulations for its own government and the administration of the affairs of the1
board and shall have the following duties, functions, and authorizations in addition2
to and in conjunction with the aforenamed:3
(1) To plan and conduct referenda among producers for the approval or4
disapproval of the program in accordance with the provisions of this Part Chapter.5
(3) To receive the funds from the state treasury in accordance with the6
provisions of this Part Chapter.7
§3544. Levy of assessment; referendum; collection; enforcement; transfer of funds8
A. Levy of assessment.9
* * *10
(3) The obligation to pay the assessment shall apply to the producer for all11
rice marketed by him. To facilitate collection, this assessment is to be deducted by12
each miller or handler from the amount paid the producer at the first point of sale13
only, whether within or without the state; however, the assessment shall not be14
imposed unless and until the question of its imposition and the amount thereof has15
been submitted to and been approved by a majority of the rice producers who vote16
in referendum to be called and held by the board within ninety days following the17
effective date of this Part Chapter. If the assessment is approved as provided in this18
Section, the assessment shall become effective July 1, 1973.19
* * *20
C. Collection and Enforcement. The assessment imposed and levied by this21
part Chapter shall be collected by the commissioner. On rice sold by the producer,22
collection shall be from the buyer of the rice at the first point of sale only. On rice23
put under loan and delivered to the CCC, collection shall be from the producer, or24
from the CCC on the producer's behalf. On seed rice, collection shall be from the25
handler performing the cleaning.26
D. Records. Every buyer, miller or handler shall keep a complete and27
accurate record of all rice purchased, milled or handled by him. Such records shall28
be in such form and contain such other information as the board shall by rule or29 HLS 10RS-1116 ORIGINAL
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regulation prescribe. The records shall be preserved by said buyer for a period of1
two years and shall be offered for inspection at any time upon oral or written demand2
by the commissioner or his duly authorized representative or agent thereof. Every3
buyer, miller or handler, at such time or times as the commissioner may require, shall4
submit reports or other documentary information deemed necessary for the efficient5
and equitable collection of the assessment imposed in this Chapter. The6
commissioner shall have the power to cause any duly authorized agent or7
representative to enter upon the premises of any buyer, miller or handler of rice from8
which assessments were collected or to be collected and examine or cause to be9
examined by such agent any books, papers and records which deal in any way with10
the payment of the assessment or enforcement of the provision of this Chapter.11
* * *12
§3545. Failure to pay assessment: penalty13
C. Any person required to pay the assessments provided for in this part who14
refuses to allow full inspection of the premises, or any books, records or other15
documents relating to the liability of such person for the assessment herein imposed,16
or who shall hinder or in any way delay or prevent such inspection, shall be guilty17
of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding18
one thousand dollars or by imprisonment not to exceed six months, or both.19
D. Whoever violates any other provisions of this part or any rule or20
regulation of the board pursuant to the provisions of this part shall be guilty of a21
misdemeanor and upon conviction thereof shall be punished by a fine not to exceed22
one hundred dollars or by imprisonment not to exceed thirty days, or both.23
§3551. Purposes24
The purpose of this Part Chapter is to promote the growth and development25
of the soybean, wheat, corn, and grain sorghum industries in Louisiana by research26
and advertisement, thereby promoting the general welfare of the people of this state.27
§3553. Levy of assessment; referendum; collection; enforcement; refund28 HLS 10RS-1116 ORIGINAL
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A. There is imposed and levied an assessment at the rate of one cent per1
bushel on all soybeans grown within the state, this assessment to be deducted from2
the amount paid the producer at the first point of sale, whether within or without the3
state. However, the assessment shall not be imposed unless and until the question4
of its imposition has been submitted to and has been approved by at least a majority5
of the soybean producers who vote in referendum to be called and held by the board.6
The soybean producers of the state shall be notified by the board of the results of the7
referendum. The assessment imposed by this Subsection shall be effective for a8
period of five crop years. This assessment may be extended for an indefinite period9
of time, in increments of five years, by ratification and approval of a majority of the10
Louisiana soybean producers who vote in referenda to be called and held by the11
board in the manner set forth in this Part Chapter. In order to be eligible to vote in12
the referenda, the prospective voter must have produced soybeans in the crop year13
immediately preceding the referendum. Producers voting in referenda shall vote14
only in the parish in which the voter resides.15
B. There is imposed and levied an assessment at the rate of one-half cent per16
bushel on all wheat, corn, and grain sorghum grown within the state. However, the17
assessment shall not be imposed unless and until the question of its imposition has18
been submitted to and has been approved by at least a majority of the wheat, corn,19
and grain sorghum producers who vote in a referendum to be called and held by the20
board. The wheat, corn, and grain sorghum producers of the state shall be notified21
of the results of the referendum. The assessment imposed by this Subsection shall22
be effective for a period of five crop years. This assessment may be extended for an23
indefinite period of time, in increments of five years, by ratification and approval of24
a majority of the producers of the commodities subject to the assessment who vote25
in referenda to be called and held by the board in the manner set forth in this Part26
Chapter. In order to be able to vote in the referenda, the prospective voter must have27
produced at least one of the commodities subject to the assessment in the year28
preceding the year in which the referendum is held or in the year in which the29 HLS 10RS-1116 ORIGINAL
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referendum is held. Producers voting in referenda shall vote only in the parish in1
which the voter resides.2
C. The assessments imposed and levied by this Part Chapter shall be3
collected by the commissioner of agriculture from the buyer of soybeans or the4
wheat, corn, or grain sorghum at the first point of sale. Every buyer shall keep a5
complete and accurate record of all soybeans, wheat, corn, or grain sorghum handled6
by him. Such records shall be in such form and contain such other information as7
the board shall by rule or regulation prescribe. The records shall be preserved by the8
buyer for a period of one year and shall be offered for inspection at any time upon9
oral or written demand by the commissioner or any duly authorized agent or10
representative of the commissioner. Every buyer, at such time or times as the11
commissioner may require, shall submit reports or other documentary information12
deemed necessary for the efficient and equitable collection of the assessment13
imposed in this Part Chapter. The commissioner of agriculture shall have the power14
to cause any duly authorized agent or representative to enter upon the premises of15
any buyer of soybeans, wheat, corn, or grain sorghum and examine or cause to be16
examined by such agent any books, papers, and records which deal in any way with17
respect to the payment of the assessment or enforcement of the provisions of this18
Chapter.19
* * *20
E. Any producer whose commodities are subject to an assessment levied21
under this Part Chapter may request and receive a refund of the amount deducted22
from the sale of his commodities provided he makes a written application with the23
commissioner within thirty days from date of sale supported by copies of sales slips24
signed by the purchaser, and provided further that the application is filed before the25
quarterly accounting is made and the funds paid to the Louisiana Soybean and Grain26
Research and Promotion Board.27
§3554. Failure to pay assessment; penalty28
* * *29 HLS 10RS-1116 ORIGINAL
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C. Any person required to pay any assessment provided for in this Part1
Chapter who refuses to allow full inspection of the premises, or any books, records,2
or other documents relating to the liability of such person for any assessment herein3
imposed, or who hinders or in any way delays or prevents such inspection, shall be4
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not5
exceeding five hundred dollars or by imprisonment not to exceed six months, or6
both.7
D. Whoever violates any other provision of this Part Chapter or any rule or8
regulation of the Louisiana Soybean and Grain Research and Promotion Board9
pursuant to the provisions of this Chapter shall be guilty of a misdemeanor and upon10
conviction thereof shall be punished by a fine not to exceed one hundred dollars or11
by imprisonment not to exceed thirty days, or both.12
§3555. Exclusion from coverage of Part13
The provisions of this Part shall not apply to any person who purchases one14
thousand or less bushels of soybeans, wheat, corn, or grain sorghum in any calendar15
year.16
§3556. Use of funds17
The Louisiana Soybean and Grain Research and Promotion Board shall plan18
and conduct a program of research and advertising designed to promote the soybean,19
wheat, corn, and grain sorghum industries in Louisiana. The board is authorized to20
use the funds derived from any assessment imposed by this Part Chapter for these21
purposes, including basic administration expenses of the plan. Use of these funds22
may be applied, as prescribed in this Section, within or without the state of23
Louisiana, including regional, national, and international applications. The funds24
may also be used to defray costs of referenda.25
Section 4. Title 11 of the Louisiana Revised Statutes of 1950 is hereby amended and26
reenacted to read as follows:27
§42. Unfunded accrued liabilities; amortization28
* * *29 HLS 10RS-1116 ORIGINAL
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B. The provisions of this Subsection shall be implemented and accomplished1
by the governing authorities of the state and statewide public retirement systems as2
set forth herein.3
(1) Assessors' Retirement Fund. The unfunded accrued liability, as of4
September 30, 1989, determined under the funding method specified in R.S.5
11:22(B)(1), shall be amortized over a forty year period, commencing with fiscal6
year ending 1989-1990, with payments forming an annuity increasing at three and7
one-half percent annually.8
(2) Clerks' of Court Retirement and Relief Fund. The unfunded accrued9
liability, as of June 30, 1989, determined under the funding method specified in R.S.10
11:22(B)(2), shall be amortized over a forty year period, commencing with fiscal11
year ending 1989-1990, with payments forming an annuity increasing at four and12
three-quarters percent annually.13
(3) Firefighters' Retirement System. The unfunded accrued liability, as of14
June 30, 1989, determined under the funding method specified in R.S. 11:22(B)(4),15
shall be amortized over a thirty year period, commencing with fiscal year ending16
1989-1990, with level dollar payments annually.17
* * *18
(6) Municipal Police Employees' Retirement System. The unfunded accrued19
liability or surplus, as of June 30, 1989, determined under the funding method20
specified in R.S. 11:22(B)(7), shall be amortized over a forty year period,21
commencing with fiscal year ending 1989-1990, with level dollar payments annually.22
(7) Municipal Employees' Retirement System of Louisiana.23
(a) Plan A. The unfunded accrued liability, as of June 30, 1989, determined24
under the funding method specified in R.S. 11:22(B)(8)(a), shall be amortized over25
a forty year period, commencing with fiscal year ending 1989-1990, with payments26
forming an annuity increasing at four and one-quarter percent annually.27
(b) Plan B. The unfunded accrued liability, as of June 30, 1989, determined28
under the funding method specified in R.S. 11:22(B)(8)(b), shall be amortized over29 HLS 10RS-1116 ORIGINAL
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a forty year period, commencing with fiscal year ending 1989-1990, with payments1
forming an annuity decreasing at two percent annually.2
(8) Parochial Employees' Retirement System of Louisiana.3
(a) Plan A. The unfunded accrued liability, as of December 31, 1989,4
determined under the funding method specified in R.S. 11:22(B)(9)(a), shall be5
amortized over a forty-year period, commencing with fiscal year ending 1989-1990,6
with payments forming an annuity increasing at four percent annually.7
* * *8
(9) Sheriffs' Pension and Relief Fund. The unfunded accrued liability, as of9
June 30, 1989, determined under the funding method specified in R.S. 11:22(B)(11),10
shall be amortized over a forty year period, commencing with fiscal year ending11
1989-1990, with payments forming an annuity increasing at three and one-half12
percent annually.13
* * *14
§102. Employer contributions; determination; state systems15
* * *16
B.17
* * *18
(3) With respect to each state public retirement system, the actuarially19
required employer contribution for each fiscal year, commencing with Fiscal Year20
1989-1990, shall be that dollar amount equal to the sum of:21
* * *22
(d) That fiscal year's payment, computed as of the first of that fiscal year and23
projected to the middle of that fiscal year at the actuarially assumed interest rate,24
necessary to amortize changes in actuarial liability due to:25
* * *26
(v) Effective July 1, 2004, and beginning with the fiscal year ending June 30,27
1999 Fiscal Year 1998-1999, the amortization period for the changes, gains, or losses28
of the Louisiana State Employees' Retirement System provided in Items (I) through29 HLS 10RS-1116 ORIGINAL
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(iv) of this Subparagraph shall be thirty years, or in accordance with standards1
promulgated by the Governmental Accounting Standards Board, from the year in2
which the change, gain, or loss occurred. The outstanding balances of amortization3
bases established pursuant to Items (I) through (iv) of this Subparagraph before the4
fiscal year ending June 30, 1999 Fiscal Year 1998-1999, shall be amortized as a level5
dollar amount from July 1, 2004, through June 30, 2029. Beginning with the year6
ending June 30, 2004 Fiscal Year 2003-2004, and for each fiscal year thereafter, the7
outstanding balances of amortization bases established pursuant to Items (I) through8
(iv) of this Subparagraph shall be amortized as a level dollar amount.9
(vi) Effective July 1, 2004, and beginning with the fiscal year ending June10
30, 2001 Fiscal Year 2000-2001, the amortization period for the changes, gains, or11
losses of the Louisiana School Employees' Retirement System provided in Items (I)12
through (iv) of this Subparagraph shall be thirty years, or in accordance with13
standards promulgated by the Governmental Accounting Standards Board, from the14
year in which the change, gain, or loss occurred. The outstanding balances of15
amortization bases established pursuant to Items (I) through (iv) of this16
Subparagraph before the fiscal year ending June 30, 2001 Fiscal Year 2000-2001,17
shall be amortized as a level dollar amount from July 1, 2004, through June 30, 2029.18
Beginning with the fiscal year ending June 30, 2004 Fiscal Year 2003-2004, and for19
each fiscal year thereafter, the outstanding balances of amortization bases established20
pursuant to Items (I) through (iv) of this Subparagraph shall be amortized as a level21
dollar amount.22
(vii) Effective July 1, 2004, and beginning with the fiscal year ending June23
30, 2001, the amortization period for the changes, gains, or losses of the Teachers'24
Retirement System of Louisiana provided in Items (I) through (iv) of this25
Subparagraph shall be thirty years, or in accordance with standards promulgated by26
the Governmental Accounting Standards Board, from the year in which the change,27
gain, or loss occurred. The outstanding balances of amortization bases established28
pursuant to Items (I) through (iv) of this Subparagraph before the fiscal year ending29 HLS 10RS-1116 ORIGINAL
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June 30, 2001, shall be amortized as a level dollar amount from July 1, 2004, through1
June 30, 2029. Beginning with the fiscal year ending June 30, 2004 and for each2
fiscal year thereafter, the outstanding balances of amortization bases established3
pursuant to Items (I) through (iv) of this Subparagraph shall be amortized as a level4
dollar amount.5
(viii) Effective July 1, 2009, and beginning with the fiscal year ending June6
30, 1993 Fiscal Year 1992-1993, the amortization period for the changes, gains, or7
losses of the State Police Pension and Retirement System provided in Items (I)8
through (iv) of this Subparagraph shall be thirty years, or in accordance with9
standards promulgated by the Governmental Accounting Standards Board, from the10
year in which the change, gain, or loss occurred. The outstanding balances of11
amortization bases established pursuant to Items (I) through (iv) of this12
Subparagraph before the fiscal year ending June 30, 2009 Fiscal Year 2008-2009,13
shall be amortized as a level dollar amount from July 1, 2009, through June 30, 2029.14
Beginning with the fiscal year ending June 30, 2009 Fiscal Year 2008-2009, and for15
each fiscal year thereafter, the outstanding balances of amortization bases established16
pursuant to Items (I) through (iv) of this Subparagraph shall be amortized as a level17
dollar amount.18
* * *19
§103. Employer contributions; determination; statewide systems20
* * *21
B.(1) Except as provided in Subsection C of this Section, for each fiscal year22
beginning with the fiscal year ending 1990 Fiscal Year 1989-1990, for each23
statewide retirement system, the employer contribution rate shall equal the24
actuarially required employer contribution as determined under Paragraph (3) of this25
Subsection, divided by the total projected payroll of all active members of the26
particular system for the fiscal year. Active member payroll shall include27
participants in the Deferred Retirement Option Plan, but only if direct employer28
contributions are made based on salaries for such participants.29 HLS 10RS-1116 ORIGINAL
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* * *1
(3) The actuarially required employer contribution for each fiscal year shall2
be that dollar amount equal to the sum of:3
* * *4
(d) That fiscal year's payment, computed as of the first of that fiscal year5
using that system's amortization method specified in R.S. 11:42, necessary to6
amortize the unfunded accrued liability as of the end of the fiscal year ending 19897
Fiscal Year 1988-1989, such unfunded accrued liability computed using the system's8
actuarial funding method as specified in R.S. 11:22, such payment projected to the9
middle of that fiscal year at the actuarially assumed interest rate.10
* * *11
(e) That fiscal year's payment, calculated as of the first of that fiscal year and12
projected to the middle of that fiscal year at the actuarially assumed interest rate,13
necessary to amortize changes in actuarial liability due to:14
* * *15
(I)16
* * *17
(bb) For the Municipal Police Employees' Retirement System, actuarial gains18
and losses, if appropriate for the funding method used by the system as specified in19
R.S. 11:22, for each fiscal year commencing with the fiscal year ending June 30,20
2002 Fiscal Year 2001-2002, such payments to be computed as level dollar amounts21
over a period of thirty years from the year of occurrence of each such actuarial gain22
or loss, such gains and losses to include any increases in actuarial liability due to23
governing authority granted cost-of-living increases.24
* * *25
C. The net direct actuarially required employer contribution for each fiscal26
year, beginning with fiscal year ending 1997 1996-1997, shall be that dollar amount27
equal to the contribution rate specified in Subparagraph (2)(b) of this Subsection, if28
any, increased by the cost itemized in Paragraph (1) of this Subsection, reduced by29 HLS 10RS-1116 ORIGINAL
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the contributions itemized in Paragraph (2) of this Subsection, rounded to the nearest1
one-quarter percent:2
* * *3
§105. Employer contributions; maintaining rates4
* * *5
C. If the board of trustees of any retirement system or fund referenced in6
Subsection A of this Section elects, pursuant to Subsection B of this Section, to7
maintain the net direct employer contribution rate in effect at the time that a decrease8
would otherwise occur according to R.S. 11:103, any excess funds resulting from9
maintaining the contribution rate shall be combined with any contribution surplus,10
or offset by any contribution shortfall, and the resulting balance, if greater than zero,11
shall be applied, until exhausted, exclusively for and in the order of the following12
purposes:13
(1) To reduce the frozen unfunded accrued liability, if any; however, the14
future payments on the frozen unfunded accrued liability shall continue to be made15
according to the original amortization schedule established to initiate compliance16
with the requirements of Article X, Section 29(E)(2)(c) and (3) Article X, Section17
29(E)(3) of the Constitution of Louisiana until the outstanding balance is fully18
liquidated.19
* * *20
§106. Additional employer contributions; increasing rates21
* * *22
C. If the board of trustees of any retirement system or fund referenced in23
Subsection A of this Section elects, pursuant to Subsection B of this Section, to24
increase the net direct employer contribution rate determined under R.S. 11:103, any25
excess funds resulting from increasing the contribution rate shall be combined with26
any contribution surplus, or offset by any contribution shortfall, and the resulting27 HLS 10RS-1116 ORIGINAL
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balance, if greater than zero, shall be applied, until exhausted, exclusively for and in1
the order of the following purposes:2
(1) To reduce the frozen unfunded accrued liability, if any; however, the3
future payments on the frozen unfunded accrued liability shall continue to be made4
according to the original amortization schedule established to initiate compliance5
with the requirements of Article X, Section 29(E)(2)(c) and (3) Article X, Section6
29(E)(3) of the Constitution of Louisiana until the outstanding balance is fully7
liquidated.8
* * *9
§247. Automatic cost-of-living adjustments10
A.11
* * *12
(2) The annual cost-of-living adjustment of such retirees shall be based on13
the retirement allowance received pursuant to the retirement plan option selected by14
the member and the monthly benefit being paid pursuant thereto on the effective date15
of the increase, inclusive of cost-of-living adjustments paid pursuant to this Section,16
but exclusive of cost-of-living adjustments or permanent benefit increases paid17
pursuant to any other provision of law.18
(3)19
* * *20
(b) Following participation in the Deferred Retirement Option Plan, the21
annual cost-of-living adjustment shall be applied to the monthly benefit allowance22
amount determined by the retirement plan option selected, inclusive of cost-of-living23
adjustments paid pursuant to this Section, but exclusive of cost-of-living adjustments24
or permanent benefit increases paid pursuant to any other provision of law. The25
monthly benefit allowance upon retirement shall reflect the annual benefit26
adjustments set forth in this Paragraph.27
* * *28 HLS 10RS-1116 ORIGINAL
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C. Additional cost-of-living adjustments or permanent benefit increases1
granted by the system's board of trustees, as otherwise provided by law, shall be2
computed on the basis of the retiree's benefit amount on the date such cost-of-living3
adjustment or permanent benefit increase is granted. If an additional cost-of-living4
adjustment or permanent benefit increase is scheduled to be effective on the same5
day as the annual cost-of-living adjustment, the annual cost-of-living adjustment6
shall be calculated first.7
* * *8
§413. Classes of employees not eligible9
The following classes of employees and officers shall not be or become10
members of this system:11
* * *12
(3) Persons employed as of on or after July 1, 1991, on a part-time,13
intermittent, temporary, emergency, or job appointment basis, except those14
employees who have ten or more years of creditable service in the system.15
* * *16
§446. Mode of payment where option elected17
A. Upon application for retirement any member may elect to receive his18
benefit in a retirement allowance payable throughout his life, or he may elect at that19
time to receive the actuarial equivalent of his retirement allowance in a reduced20
retirement allowance payable throughout life, with the provision that:21
* * *22
(5)23
* * *24
(j) Cost-of-living adjustments or permanent benefit increases granted by the25
board of trustees to retirees who select the initial benefit option shall be computed26
on the basis of each retiree's regular monthly retirement benefit or on the basis of27
each beneficiary/survivor's benefit based on the option selected as reduced and shall28 HLS 10RS-1116 ORIGINAL
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not be computed on the initial benefit received either as a lump-sum or paid pursuant1
to R.S. 11:450(A)(1).2
* * *3
E. If an option of Subsection A hereof was selected, and the retiree's spouse4
was designated as the beneficiary, and a judgment of divorce is rendered with respect5
to the retiree and the spouse, and, in connection therewith, the spouse, irrevocably,6
by court order, relinquishes the spouse's survivorship rights under the option7
originally selected by the retiree, the originally selected option shall be considered8
revoked and the retiree shall be considered as retired under the maximum benefit,9
subject to reduction as hereinafter set forth, and without affording the retiree the10
right to select an option under which the retiree could designate a new beneficiary,11
and the benefits payable to the retiree shall be increased to the amount the retiree12
would have received had the retiree selected the maximum benefit, adjusted for any13
cost-of-living increase or permanent benefit increase granted to the retiree, less any14
amount required as a result of such change in retirement status to render the new15
benefit to be the actuarial equivalent of the maximum benefit. The retiree shall be16
required to reimburse the system, by way of a one-time deduction from the retiree's17
next benefit check, the reasonable costs incurred by the system to have these18
calculations made. The retiree shall be required to contractually hold the system19
harmless in the event that the former spouse ever successfully asserts a property right20
relative hereto which has any adverse effect upon the system. It shall be the21
responsibility of the retiree to notify the system of these circumstances, to present22
satisfactory evidence of same, and to request the recomputation of benefits.23
Adjustment of benefits under this Subsection shall not be retroactive, and shall be24
effective on the first day of the next month following official approval of the25
application for recomputation of benefits.26
* * *27
§542.1.1. Minimum benefit increase; payment from experience account28
* * *29 HLS 10RS-1116 ORIGINAL
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E. The actuarial cost of implementing the provisions of this Section shall be1
paid from the employee experience account.2
* * *3
§701. Definitions4
As used in this Chapter, the following words and phrases have the meaning5
ascribed to them in this Section unless a different meaning is plainly required by the6
context:7
* * *8
(5)9
* * *10
(c)11
* * *12
(iii) Any retiree covered by to whom Item (ii) of this Subparagraph applies,13
whose benefits are based, or by reason of Item (ii) of this Subparagraph would be14
based, on a calculation of average compensation which includes earnable15
compensation between June 30, 1995 and June 30, 1997, shall have his benefits16
recalculated in accordance with this Subparagraph and, if an increase in benefits17
results, the retiree shall be paid such an amount to restore any prior benefits that18
would have been paid if the benefits had originally been calculated in accordance19
with this Subparagraph.20
* * *21
(33)(a) "Teacher", except as provided in Subparagraph (b) of this Paragraph,22
shall mean any of the following:23
* * *24
(viii)(aa) Except as otherwise provided in this Item, the director, secretary,25
staff members, or any other individual employed by the Louisiana High School26
Athletic Association.27
(aa) (bb) Notwithstanding the provisions of this Item or any other provision28
of law to the contrary, any director, secretary, staff member, or any other individual29 HLS 10RS-1116 ORIGINAL
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employed by the Louisiana High School Athletic Association on or after July 1,1
2000, who does not have a valid Louisiana teacher's certificate shall not be required2
to participate in the system.3
(bb) (cc) Any person covered by Subitem (aa) of this Item to whom this Item4
applies and who has a valid Louisiana teacher's certificate shall be required to5
participate in the system provided the person satisfies all other eligibility criteria set6
forth in this Chapter.7
* * *8
(xii) All nonclassified employees of the state who are administrators, faculty9
members, or other professional employees at the New Orleans Center for Creative10
Arts/Riverfront.11
(xii)(xiii) In all cases of doubt, the board of trustees shall determine whether12
any person is a teacher within the scope of the definition set forth in this Paragraph.13
* * *14
(c) "Teacher" shall include all nonclassified employees of the state who are15
administrators, faculty members, and other professional employees at the New16
Orleans Center for Creative Arts/Riverfront.17
* * *18
§783. Selection of option for method of payment after death of member19
A.20
* * *21
(3)22
* * *23
(e) Cost-of-living adjustments or permanent benefit increases granted by the24
board of trustees to retirees who select this Initial Lump-Sum Benefit shall be25
computed on the basis of each retiree's regular monthly retirement benefit or on the26
basis of each beneficiary/survivor's benefit based on the option selected as reduced27
and shall not be computed on the initial benefit received either as a lump-sum or paid28
pursuant to R.S. 11:789(A)(1).29 HLS 10RS-1116 ORIGINAL
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* * *1
C. Whenever a retiree who has selected Option 4 or 4A dies, the specific2
benefit payable to his beneficiary shall immediately be increased by the total3
percentage that the retiree's benefits have been increased by all of the cost-of-living4
adjustments or permanent benefit increases received by the retiree.5
D.(1)6
* * *7
(b)8
* * *9
(ii) The benefits payable to the retiree shall be increased to the amount the10
retiree would have received had the retiree selected the maximum benefit, adjusted11
for any cost-of-living increase adjustments or permanent benefit increases granted12
to the retiree, less any amount required as a result of such change in retirement status13
to render the new benefit to be the actuarial equivalent of the maximum benefit.14
* * *15
F. Any adjustments to benefits for cost-of-living changes adjustments or16
permanent benefit increases made by formal action of the board of trustees in17
accordance with Subsection C of this Section shall be considered amendments to the18
provisions of the retirement system. If made by formal action of the board of19
trustees, such changes must be disclosed to members of the retirement system.20
G.(1)21
* * *22
(b)23
* * *24
(ii) The benefits payable to the retiree shall be increased to the amount the25
retiree would have received had the retiree selected the maximum benefit, adjusted26
for any cost-of-living increase adjustment or permanent benefit increase granted to27
the retiree, less any amount required as a result of such change in retirement status28
to render the new benefit to be the actuarial equivalent of the maximum benefit.29 HLS 10RS-1116 ORIGINAL
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* * *1
I.(1)2
* * *3
(b)4
* * *5
(ii) The benefits payable to the retiree shall be increased to the amount the6
retiree would have received had the retiree selected the maximum benefit, adjusted7
for any cost-of-living increase adjustment or permanent benefit increase granted to8
the retiree, less any amount required as a result of such change in retirement status9
to render the new benefit to be the actuarial equivalent of the maximum benefit.10
* * *11
§883.3 Minimum benefit increase; payment from experience account12
* * *13
E. The actuarial cost of implementing the provisions of this Section shall be14
paid from the employee experience account.15
* * *16
§1481. Financing of fund; deductions; deficiencies and surpluses; remedies17
The fund shall be financed as set forth hereunder:18
(1)(a)19
* * *20
(iii)(aa) In addition to the payment required pursuant to Item (I) of this21
Subparagraph, each sheriff and ex officio tax collector for the state of Louisiana,22
other official responsible for tax collection, or any other person performing such23
duties for any person, parish, city, or governmental entity certified by the board as24
having failed to remit all monies required by this Section, shall remit to the25
Assessors' Retirement Fund an amount, to be determined by the board, of revenue26
sharing monies otherwise due to the delinquent person, parish, city, or other27
governmental entity. The remittance pursuant to this Item shall be paid until the28
amount of the certified shortfall, including interest and any professional fees incurred29 HLS 10RS-1116 ORIGINAL
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through attempts at collection, has been satisfied; however, the board has the1
authority to negotiate a lesser amount to be paid in satisfaction of this debt. The2
board shall notify the sheriff and ex officio tax collector for the state of Louisiana,3
other official responsible for tax collection, or any other person performing such4
duties by November first that said remittance shall be due for the upcoming year.5
* * *6
Section 5. R.S. 14:67.21(F) and 403.6 (A) are hereby amended and reenacted as7
follows:8
§67.21. Theft of the assets of an aged person or disabled person9
* * *10
F. Any charges made under this Section shall be reported as provided in R.S.11
14:403.2 15:1504 and 1505.12
* * *13
§403.6. Reporting of neglect or abuse of animals14
A. Any state or local law enforcement officer; or any employee of15
government or of a government contractor who in his professional capacity routinely16
investigates alleged abuse or neglect or sexual abuse of a child, or abuse or neglect17
of an adult under the provisions of R.S. 14:403.2 15:1507, who becomes aware of18
evidence of neglect or abuse of an animal.19
Section 6. R.S. 15:574.7(A) and (B)(2)(a) are hereby amended and reenacted to read20
as follows: 21
§574.7. Custody and supervision of parolees; modification or suspension of22
supervision; violation of conditions of parole; sanctions; alternative23
conditions 24
A. Each parolee shall remain in the legal custody of the Department of25
Public Safety and Corrections, office of corrections services, and shall be subject to26
the orders and supervision of the board. At the direction of the board, the chief27
probation and parole officer shall be responsible for the investigation and supervision28 HLS 10RS-1116 ORIGINAL
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of all parolees. The board may modify or suspend such supervision upon a1
determination that a parolee who had conducted himself in accordance with the2
conditions of his parole no longer needs the guidance and supervision originally3
imposed. 4
B.5
* * *6
(2) Upon receiving a summary of the prerevocation proceeding, the board7
may order the following: 8
(a) The parolee's return to the physical custody of the Department of Public9
Safety and Corrections, office of corrections services, to await a hearing to determine10
whether his parole should be revoked. 11
* * *12
Section 7. R.S. 17:7(28)(c) and (d), 17.5(D)(1) and (2), 24.10(I)(1)(a)(iii),53(A),13
170.4(C)(2), 183.3(B)(2)(b) and (D)(1)(b)(iii)(cc), 270(A), 416(A)(1)(c)(ii)(cc) and (2)(c),14
1206.2(A)(1), 1518.1(I)(3), 1519.17, 1874(D) and (E), 2047(B), 2048.51(C)(14), 2922,15
2923(A), 2924(A), 2926(A), 2927(A), 2928(A)(1) and (B), 2929, 2930(A) and (C), 2932(B),16
3161, 3165(A)(1), 3893(A)(2)(b) and (3)(b) and (D), 3995(A)(6)(a), 3997(B)(2)(b) and (c)(I)17
and (ii)(aa), 4012(1), 4020(B), and 4024 are hereby amended and reenacted to read as18
follows:19
§7. Duties, functions, and responsibilities of board20
* * *21
(28)22
* * *23
(c) Each city, parish, or and other local public school board shall annually24
shall report on the information gathered during the teacher exit interviews conducted25
in its system to the State Board of Elementary and Secondary Education in a manner26
that assures complete anonymity and confidentiality for the teacher.27
(d) The State Board of Elementary and Secondary Education shall compile28
and analyze the teacher exit interview information submitted by each city, parish, or29 HLS 10RS-1116 ORIGINAL
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and other local public school system each year and make a comprehensive report to1
the Senate Committee on Education and the House Committee on Education not later2
than January fifteenth of each year regarding the information collected during the3
prior year.4
* * *5
§17.5. Physical fitness assessment; statewide expansion program6
* * *7
D.(1) Not later than September first of each year, the Cecil J. Picard Center,8
in collaboration with the Department of Education, the Department of Health and9
Hospitals, the Governor's Council on Physical Fitness and Sports, and the Louisiana10
Council on Obesity Prevention and Management, hereinafter referred to as the11
"Louisiana Obesity Council," shall provide an annual report concerning the12
implementation of the physical fitness assessment which shall include the findings13
from an analysis of the plan development and implementation results of the14
assessment obtained during the preceding school year , to the governor, the Senate15
and House committees on education, the Senate and House committees on health and16
welfare, and the State Board of Elementary and Secondary Education.17
(2) The Louisiana Obesity Council, in consultation with the Department of18
Education, the Department of Health and Hospitals, the Governor's Council on19
Physical Fitness and Sports, and the Cecil J. Picard Center, shall make further20
recommendations regarding program implementation, findings, best practices, and21
future direction through the Department of Health and Hospitals, office of public22
health, to the legislative committees specified in Paragraph (1) of this Subsection.23
The plan to expand these assessments and develop interventions shall be provided24
not later than December thirty-first of each year and shall consist of a period of not25
more than five years for implementation.26
* * *27 HLS 10RS-1116 ORIGINAL
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§24.10. The Cecil J. Picard LA 4 Early Childhood Program; early childhood1
development and enrichment activity classes; establishment; eligibility;2
requirements; funding; study3
* * *4
I.(1)(a)5
* * *6
(iii) No LA 4 funding in excess of the amount received for the 2008-20097
school year shall be allocated to a participating school system that has failed to8
comply with the provisions of Subparagraph (D)(1)(a) of this Section, unless the9
participating school system has been granted a waiver as provided in Subparagraph10
Item (D)(1)(b)(iv) of this Section or the provisions of Item (D)(1)(b)(vi) of this11
Section apply.12
* * *13
§53. School board members; training required14
A. Each member of a city, parish, and other local public school board shall15
receive a minimum of four hours of training and instruction annually in the school16
laws of this state, in the laws governing the powers, duties, and responsibilities of17
city, parish, and other local public school boards, and in educational trends, research,18
and policy. In a city, parish, or other local public school district that has one or more19
schools identified as an academically unacceptable school or a school in need of20
academic assistance as defined by the State Board of Elementary and Secondary21
Education pursuant to policies developed and adopted by the board for22
implementation of the school and district accountability system, at least two of such23
hours shall focus on the improvement of schools identified as failing schools as24
defined by the state board pursuant to such policies. The remaining hours shall focus25
on education policy issues, including but not limited to literacy and numeracy,26
leadership development, dropout prevention, career and technical education,27
redesigning high schools, early childhood education, school discipline, and28
harassment, intimidation, and bullying. Training shall also shall include instruction29 HLS 10RS-1116 ORIGINAL
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relative to the provisions of the Open Meetings Law, R.S. 42:4.1 et seq., and the1
Public Bid Law, Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950.2
Such instruction may be received from a postsecondary education institution in this3
state, from instruction sponsored by the state Department of Education, or from an4
in-service training program conducted by a city, parish, or other local public school5
board central office or the Louisiana School Boards Association provided that the6
instruction and the method for demonstrating attendance are pre-approved by the7
Louisiana School Boards Association. Each school board member's attendance must8
shall be reported by the instructor to the Louisiana School Boards Association.9
* * *10
§170.4. Immunizations of certain persons against meningococcal disease;11
exceptions12
* * *13
C.14
* * *15
(2) The secretary of the Department of Health and Hospitals shall provide16
such rules, including the implementation schedule, to the state Department of17
Education by not later than August 1, 2009. The state Department of Education shall18
notify each city, parish, or and other local school board, the governing authority of19
each nonpublic school system or school in the case of a school not a part of a school20
system, and the parent or legal guardian of any student participating in an approved21
home study program as specified in Subparagraph (A)(1)(c) of this Section of the22
requirements of this Section and the rules and schedule for their implementation as23
provided by this Section.24
* * *25
§183.3. Career major; description; curriculum and graduation requirements26
* * *27
B.28
* * *29 HLS 10RS-1116 ORIGINAL
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(2) The course requirements for the career major shall consist of the1
following:2
* * *3
(b) At least four mathematics credits, including Algebra I, Algebra I Part4
One, and Algebra I Part Two, or an applied or hybrid Algebra course, and additional5
applied or hybrid mathematics courses comparable or identical to courses offered by6
the Louisiana Technical College as needed to fulfill the mathematics course7
requirements as approved by the State Board of Elementary and Secondary8
Education.9
* * *10
D.(1) A student who seeks to pursue a career major curriculum must meet11
one of the following conditions:12
* * *13
(b) 14
* * *15
(iii) The State Board of Elementary and Secondary Education shall certify16
that the pupil progression plan established by each city, parish, or other local public17
school system that promotes a student to the ninth grade pursuant to this18
Subparagraph contains the following requirements:19
* * *20
(cc) Such student must participate, during his first year in high school, in a21
dropout prevention and mentoring program, developed in consultation with school22
guidance personnel, during his first year in high school, as approved by the State23
Board of Elementary and Secondary Education.24
* * *25
§270. Driver education and training program for children26
A. The State Board of Elementary and Secondary Education and the state27
Department of Education, in consultation with the Department of Public Safety and28
Corrections, shall establish and operate a driver education and training program in29 HLS 10RS-1116 ORIGINAL
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each parish of this state for children who are fifteen years of age and older. The1
program shall consist of a course of not less than eight hours of actual driving2
experience and thirty hours of classroom instruction. The State Board of Elementary3
and Secondary Education shall provide written notice to each city, parish, and other4
local public school board of the requirements of the provisions of this Subsection.5
The aims and purposes of the driver education and training program shall be to6
educate drivers to be competent, to develop a knowledge of those provisions of the7
law of this state relating to the operation of motor vehicles, a proper acceptance of8
personal responsibility in traffic, a true appreciation of the causes, seriousness, and9
consequences of traffic accidents, and to develop the knowledge, attitudes, habits,10
and skills necessary for the safe operation of motor vehicles. The course shall11
include training on railroad and highway grade crossing safety and on sharing the12
road with motorcycles and tractor-trailer trucks and at least thirty minutes of13
instruction relative to organ and tissue donation. The State Board of Elementary and14
Secondary Education and the state Department of Education shall develop the organ15
and tissue portion of the driver education and training program in conjunction with16
the federally designated organ procurement organization for the state of Louisiana.17
However, no student shall be required to take the organ and tissue donation18
instruction if his parent or tutor submits a written statement indicating that such19
instruction conflicts with the religious beliefs of the student.20
* * *21
§416. Discipline of pupils; suspension; expulsion22
A.(1)23
* * *24
(c)25
* * *26
(ii)27
* * *28 HLS 10RS-1116 ORIGINAL
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(cc) The principal or his designee may provide oral or written feedback to1
teachers initiating the removal of pupils from the classroom. The principal or his2
designee may provide to such teachers guidance and support on practicing effective3
classroom management, including, but not limited to, positive behavior supports.4
* * *5
(2) As used in this Section:6
* * *7
(c) Unless otherwise defined as a permanent expulsion and except as8
otherwise provided by Subsections B and C of this Section, an expulsion shall be9
defined as a removal from all regular school settings for a period of not less than one10
school semester, during which time the city, parish, or other local public school11
board shall place the pupil in an alternative school or in an alternative school setting12
unless the board is exempt as provided by law from providing such alternative school13
or alternative school setting.14
* * *15
§1206.2. Employees; extended sick leave16
A.(1) Every parish and city Each city, parish, and other local public school17
board shall permit each "employee", as defined in R.S. 17:1205, to take up to ninety18
days of extended sick leave in each six-year period of employment which may be19
used for personal illness or illness of an immediate family member in the manner20
provided in this Subsection at any time that the employee has no remaining regular21
sick leave balance.22
* * *23
§1518.1. Huey P. Long Medical Center; merger with Louisiana State University24
Health Sciences Center at Shreveport25
* * *26
I..27
* * *28 HLS 10RS-1116 ORIGINAL
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(3) Louisiana State University Health Sciences Center at Shreveport and1
HCSD of the Louisiana State University Health Sciences Center at New Orleans2
shall jointly shall prepare and agree to a memorandum of understanding (MOU) to3
effect an orderly, fair, and equitable transfer of all Huey P. Long Medical Center4
activity from HCSD of the Louisiana State University Health Sciences Center at5
New Orleans to the Louisiana State University Health Sciences Center at Shreveport.6
The MOU shall allow for the reimbursement of transition expenses of the Louisiana7
State University Health Sciences Center at New Orleans and HCSD of the Louisiana8
State University Health Sciences Center at New Orleans during the transition period.9
The transition shall be completed no later than one hundred eighty days following10
the beginning of the fiscal year, taking into consideration the transfer of the11
information technology systems; the activity centered on the fiscal year end close,12
annual financial report preparation, and the cost report preparation; and other13
operational transitional issues. The MOU shall be presented to and approved by the14
Senate Committee on Health and Welfare and the House Committee on Health and15
Welfare upon its completion and prior to the parties entering into the MOU.16
* * *17
§1519.17. Louisiana State University Health Sciences Center medical centers18
centers' physicians; authority to render certain opinions19
Any Each licensed physician serving on the staff of any of the Louisiana20
State University Health Sciences Center medical centers and his full time21
supervisory medical staff member, by joint signature, are hereby required, when22
requested by a social security claimant who is, or who has been, a patient of the23
physician at such medical center and who has a treating relationship with the patient24
in the appropriate field and sufficient knowledge to render an opinion, to provide25
descriptive statements and opinions for the patient with respect to the patient's26
medical condition, employability, and ability to function, upon which disability27
determinations may be based. Nothing in this Section shall prohibit a medical center28
from requiring payment for the medical center's current evaluation and management29 HLS 10RS-1116 ORIGINAL
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level services, but no such service shall be denied dependent upon due to a patient's1
inability to pay. Nothing in this Section shall prohibit Social Security2
Administration funding from being utilized used to pay for such services.3
* * *4
§1874. Workforce Training Rapid Response Fund5
* * *6
D. The fund is in addition to, and separate from, any monies allocated to the7
institutions under the management and control of the board or any other higher8
postsecondary education board. The availability of the fund shall not in any way9
substitute, limit, or otherwise affect the allocation of any funds otherwise available10
to those institutions under state or federal laws.11
E. The executive director of the Louisiana Workforce Commission, the12
secretary of the Department of Economic Development, and the chief executive13
officer of the board shall annually shall report to the Senate Committee on Labor and14
Industrial Relations and the House Committee on Labor and Industrial Relations and15
such committees shall have oversight of the use of monies in the fund.16
* * *17
§2047. Nurse training programs; student demand; documentation; report;18
authorization to obtain criminal history record information19
* * *20
B. Such records shall be submitted to the Board of Regents and the21
postsecondary education management boards on a quarterly basis and shall also shall22
be submitted to the Nursing Supply and Demand Council on whatever schedule they23
request. it requests.24
* * *25
§2048.51. Louisiana Health Works Commission; creation; membership;26
compensation; staff and facilities; powers and duties; data collection and27
reporting28
* * *29 HLS 10RS-1116 ORIGINAL
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C. The following shall serve as members of the Louisiana Health Works1
Commission:2
* * *3
(14) The chairman of the Medical Education Commission or his designee,4
provided that the commission member provided for herein shall also shall be a5
member of the Louisiana State Medical Society.6
* * *7
§2922. Purpose and goal8
The State Board of Elementary and Secondary Education, in consultation and9
collaboration with the postsecondary education management boards through the10
Board of Regents, shall establish state strategic initiatives to improve high school11
graduation rates and ensure student readiness for postsecondary education and career12
opportunities. Such strategies shall seamlessly connect pre-kindergarten through13
grade twelve education with postsecondary education and the workplace.14
§2923. Curriculum development and alignment15
A. The State Board of Elementary and Secondary Education shall develop16
middle and high school curricula that are aligned with state content standards, embed17
twenty-first century work skills, and provide students with the opportunity to enroll18
in rigorous career-focused programs of study in high-demand, high-wage, high-skill19
career fields that are aligned with workforce demands, future employment20
opportunities, and regional and state economic development priorities.21
* * *22
§2924. Applied and hybrid courses; local course development23
A. The State Board of Elementary and Secondary Education, in collaboration24
with the Board of Regents, local school boards, and teacher organizations, shall25
develop applied and hybrid courses that combine rigorous academic content with26
relevant career education that creates links between what a student does in school to27
what they want to do in life. Such courses may result in a credit in both the28
academic and the career technical course and successfully transfer to technical and29 HLS 10RS-1116 ORIGINAL
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community colleges and four-year postsecondary educational institutions where1
applicable.2
* * *3
§2926. Student guidance and counseling; training and professional development4
A. The State Board of Elementary and Secondary Education shall develop5
a guidance and advisement policy for the middle and high school grades that local6
school districts can use to equip school guidance personnel with the skills and7
information needed to:8
* * *9
§2927. Early identification of underprepared students; support and assistance10
A. The State Board of Elementary and Secondary Education shall seek to11
establish a culture in all schools and school systems in which failure is not an option12
and all students are supported to meet or exceed grade-level standards. Schools shall13
take steps to implement instructional strategies designed to provide students in all14
classes with engaging, challenging assignments based upon real-world tasks through15
which students are required to creatively solve problems, interpret and evaluate16
information, and communicate effectively.17
* * *18
§2928. Graduation goals; responsibility; recognition for graduation rates and student19
academic achievement20
A.(1) The State Board of Elementary and Secondary Education shall21
establish improved high school graduation rates as a top educational priority, and the22
board and the state superintendent of education are hereby charged with the23
responsibility to achieve a high school graduation rate of eighty percent by the end24
of the 2013-2014 school year, while maintaining the integrity of the required25
curriculum for each major.26
* * *27
B. The State Board of Elementary and Secondary Education shall revise the28
school and student accountability system to recognize schools and school districts29 HLS 10RS-1116 ORIGINAL
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that improve their high school graduation rates and for the number of students who1
successfully complete programs that lead to industry-based certifications and2
International Baccalaureate, Advanced Placement, and dual enrollment courses.3
§2929. Articulation and transfer of credit4
Every city, parish, and other local public school board shall develop5
interinstitutional articulation and transfer agreements with technical colleges,6
community colleges, and four-year colleges and universities, in accordance with7
policies, rules, and regulations adopted by the Board of Regents and the State Board8
of Elementary and Secondary Education, that will facilitate communication,9
interaction, articulation, acceleration, transfer of credit, and the efficient use of10
faculty, equipment, and facilities.11
§2930. Collaboration with business and industry; coordination with workforce12
needs13
A. The State Board of Elementary and Secondary Education, the Department14
of Education, the Board of Regents, and the postsecondary education management15
boards shall work with the designated representative from the Louisiana Workforce16
Commission to facilitate the identification of regional and state workforce needs and17
work-based educational and training opportunities and to ensure coordination in the18
delivery of career and technical education across all educational agencies and19
institutions.20
* * *21
C. The State Board of Elementary and Secondary Education shall expand22
existing programs that recruit and train individuals with experience and skills in23
business and industry, but with no prior teaching experience, to teach courses in the24
public schools in their specific area of expertise; provided that utilizing such25
instructional personnel does not prevent the full articulation and transfer of credit for26
students who complete such courses.27
* * *28 HLS 10RS-1116 ORIGINAL
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§2932. Implementation; funding1
* * *2
B. The State Board of Elementary and Secondary Education shall diligently3
pursue the funding necessary to fully implement the provisions of this Chapter and4
shall develop a timeline to prioritize and provide for implementation in phases if5
deemed necessary.6
* * *7
§3161. Articulation and transfer of credit; secondary and postsecondary institutions8
The postsecondary education management boards, the State Board of9
Elementary and Secondary Education, and city, parish, and other local public school10
boards shall jointly develop and implement articulation and transfer programs and11
agreements that facilitate and maximize the seamless transfer of credits between and12
among public secondary and postsecondary educational institutions and that make13
the most efficient use of faculty, equipment, and facilities. Regionally accredited14
independent colleges and universities that are members of the Louisiana Association15
of Independent Colleges and Universities are encouraged to participate with public16
educational institutions in developing programs and agreements to expedite the17
transfer of students and credits between secondary and postsecondary educational18
institutions.19
* * *20
§3165. Common core curriculum; general education courses; common prerequisites;21
other degree requirements22
A. The Board of Regents, in collaboration with the postsecondary education23
management boards and institutions, shall:24
(1) Identify the degree programs offered by public colleges and universities25
and the postsecondary career and technical education programs offered by26
community colleges, technical colleges, and city, parish, and other local public27
school boards.28
* * *29 HLS 10RS-1116 ORIGINAL
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§3983. Chartering process by type; eligibility; limitations; faculty approval; parental1
approval2
A.3
* * *4
(2)5
* * *6
(b) All proposals for a type Type 4 charter school shall be made to the State7
Board of Elementary and Secondary Education.8
* * *9
(3)10
* * *11
(b) For type Type 2 charter school proposals, the state board shall notify the12
local school board of the district in which the proposed charter school is to be located13
about the receipt of such proposal. The local board, as well as other interested14
groups, shall be allowed to provide written information regarding the proposal and15
allowed to present information at a scheduled public meeting of the state board prior16
to any determination being made by the state board.17
* * *18
D. Prior to approving a charter for a type Type 1 or type Type 3 school, the19
local school board considering the proposal shall hold a public meeting for the20
purpose of considering the proposal and receiving public input. Such meeting shall21
be held after reasonable efforts have been made by the board to notify the public of22
the meeting and its content.23
* * *24
§3995. Charter school funding25
A.26
* * *27
(6)(a) A Type 2 school which has been renewed as provided in R.S.28
17:3992(A) shall annually shall be funded in the full amount calculated as provided29 HLS 10RS-1116 ORIGINAL
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for in Paragraph (1) of this Subsection. Such full funding shall be provided as a1
priority prior to the allocation of state funding to any other charter school funded by2
the state.3
* * *4
§3997. Charter school employees5
* * *6
B.7
* * *8
(2)9
* * *10
(b) At the end of the second year of leave authorized by this Subsection, an11
employee may make a written request to the local school board to return to the city12
or parish school system to a comparable position from which the leave was granted.13
Upon such request, the employee shall be permitted to return to a comparable14
position even if such return necessitates a reduction in force by the local school15
board in accordance with the provisions of R.S. 17:81.4.16
(c)(i) Except as otherwise provided by Item (ii) of this Subparagraph, at the17
end of the third year of leave authorized by this Subsection, an employee shall either18
make a written request to the local school board to return to the city or parish school19
system in a comparable position, if one is available, or resign from the position from20
which the leave was granted. Any employee requesting to return to the city or parish21
school system in a comparable position shall be permitted to return even if such22
return necessitates a reduction in force by the local school board in accordance with23
the provisions of R.S. 17:81.4.24
(ii)(aa) Any employee granted a three-year leave of absence pursuant to the25
provisions of Paragraph (1) of this Subsection and who would otherwise be required26
to take, during the 2007-2008 school year or the 2008-2009 school year , one of the27
actions specified in Item (i) of this Subparagraph relative to returning to or resigning28 HLS 10RS-1116 ORIGINAL
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from the school system granting leave may request, in lieu of taking such action, an1
additional leave of absence from the local school board not to exceed two years. The2
request for additional leave shall be made in the same manner and in accordance with3
the same timeline as applicable to a request to return to the school system. A request4
for additional leave pursuant to the provisions of this Item shall be granted by the5
local school board.6
* * *7
§4012. Legislative findings8
The legislature finds and declares that:9
(1) It is in the public interest that all Louisiana schoolchildren receive the10
best education that its citizens can provide, and the state of Louisiana has the right,11
the responsibility, the duty, and the obligation to accomplish the objective of quality12
education for all Louisiana children, particularly for those children in school systems13
that have been declared to be academically in crisis.14
* * *15
§4020. School participation; application16
* * *17
B. Any school that wishes to participate in the program and enroll18
scholarship recipients shall annually shall notify the department of its intent to19
participate in the program by February first of the previous school year; except that20
for the 2008-2009 school year, a school that seeks to participate in the program shall21
notify the department of their its intent to participate not later than July 30, 2008.22
The notice shall specify the number of seats the school will have available for23
scholarship recipients at each grade level and the maximum amount of tuition24
attributable to each available seat.25
* * *26
§4024. Reports27
The Department of Education annually shall report annually to the Senate28
Committee on Education, the House Committee on Education, and the Joint29 HLS 10RS-1116 ORIGINAL
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Legislative Committee on the Budget regarding the implementation of the program,1
including the number of eligible students receiving scholarships, a list of2
participating schools and the number of scholarship recipients each such school3
enrolled, and aggregate test result data for the scholarship recipients enrolled in each4
participating school.5
Section 9. R.S. 24:7, 31.4(B)(1), 31.5(A)(4)(a) and (b) and (5) and (C)(1)(a), 52,6
55(D)(2) and (E)(2)(a), 101, 107(A), 653(K)(1) and (3) are hereby amended and reenacted7
to read as follows:8
§7. Committee meetings between sessions9
Meetings of legislative committees A legislative committee meeting that is10
held between sessions of the legislature and during which no vote is required to be11
taken on any matter having the effect of law is to be taken may be conducted by12
video conference. Each house of the legislature may adopt rules of procedure to13
provide for and accommodate committee meetings by video conference, including14
but not limited to rules governing attendance and participation of members of the15
legislature in, and quorums of committees for, such meetings conducted by video16
conference. Any such Such rules shall provide for public participation in such17
meetings in accordance with R.S. 42:4.1 et seq. For the purposes of this Section and18
any rules adopted by either house of the legislature pursuant to this Section, "video19
conference" shall mean a method of communication which enables persons in20
different locations to participate in a meeting and to see, hear, and otherwise21
communicate with each other. In no case, however, shall any No committee meeting22
shall be held pursuant to this Section unless a quorum of the committee is present,23
in person, at the location at which the meeting was advertised to take place.24
* * *25
§31.4. Members' office allowance26
* * *27
B.(1) Any payment , under the allowance provided in Subsection A of this28
Section for office rental shall be used only for payment of rental for office space in29 HLS 10RS-1116 ORIGINAL
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a building situated in a parish which the member represents, and in no case shall1
payment be made for office space which is located in the legislator's residence or in2
any other property owned wholly or in part by the legislator or a member of his3
family. Payment under the allowance provided in Subsection A of this Section for4
cost of utilities and other expenses shall be for reimbursement for cost of electric,5
water, gas, and telephone, and telegraph service for the legislator's district office and6
for such other office expenses, including but not limited to stationery and other7
supplies.8
* * *9
§31.5. Legislative assistants for members10
A.11
* * *12
(4)(a) Each legislative assistant shall perform such duties as the legislator13
may assign and shall be paid a salary fixed by the legislator,. provided that the The14
salary for any one legislative assistant shall not exceed the base salary established15
by the Legislative Budgetary Control Council plus the equivalent of one step for16
each year of his employment as a legislative assistant.17
(b) When If a legislator employs more than one legislative assistant is18
employed by a legislator, the total salary for all his legislative assistants of a19
legislator shall not exceed the base salary established by the Legislative Budgetary20
Control Council plus the equivalent of one step for each year of employment as a21
legislative assistant of the legislative assistant receiving the highest salary, or the22
equivalent of one step for each year of the employing legislator's service as a23
legislator, at the option of the employing legislator. However, no legislative assistant24
shall be paid a salary that exceeds the base salary established by the Legislative25
Budgetary Control Council plus the equivalent of one step for each year of his26
employment as a legislative assistant.27
* * *28 HLS 10RS-1116 ORIGINAL
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(5) The salary of each legislative assistant shall be paid from the funds of the1
respective houses house, withdrawn from the state treasury and deposited in the2
manner provided in R.S. 24:31.1, and shall be paid to each individual legislative3
assistant whose employment and salary have been certified by a member to his4
respective presiding officer. Payment shall be by check signed by the speaker of the5
House of Representatives as to the salary of legislative assistants to House members6
and by the president of the Senate as to the salary of legislative assistants to Senate7
members. Facsimile signatures may be used.8
* * *9
C.(1)(a) When If a legislator employs only one legislative assistant, such the10
assistant may participate in the state's group life, health, and hospitalization11
insurance program and the state employees' retirement system provided such if the12
assistant receives at least sixty percent of the total compensation available to employ13
the legislative assistant.14
* * *15
§52. Persons to whom applicable; exceptions16
Unless the context clearly indicates otherwise, the provisions of this Part shall17
apply only to persons who are lobbyists as defined in R.S. 24:51. The provisions of18
this Part shall not apply to an elected official or any designees designee of the an19
elected official, when such designee is a public employee and when such elected20
official or public employee is acting in the performance of his or her official public21
duties.22
* * *23
§55. Lobbyist expenditure reports24
* * *25
D.26
* * *27
(2) For the purposes of this Section, the aggregate amount or any per28
occasion amount attributable to a legislator or the spouse or minor child of a29 HLS 10RS-1116 ORIGINAL
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legislator or public servant, other than a legislator, in the legislative branch of state1
government shall not include any expenditure which is required to be reported in2
Paragraph (E)(1) or (2) of this Section or which is exempt under Paragraph (E)(3) of3
this Section.4
E.5
* * *6
(2)(a) Any expenditure , as defined in this Part, for any reception or social7
gathering sponsored in whole or in part by a lobbyist, individually or on behalf of a8
principal he represents, held in conjunction with a meeting of a national or regional9
organization of legislators or legislative staff shall be reported by including the name10
of the national or regional organization, the date and location of the reception or11
social gathering, a general description of persons associated with the organization12
invited to attend the reception or social gathering, and the amount of the expenditure.13
* * *14
§101. Purpose and findings15
A. The state of Louisiana faces a severe decline in revenues through fiscal16
year 2012 which, if no corrective action is taken, will leave a significant funding gap17
in state government expenditures and will create serious sustainability issues in the18
financing of state obligations.19
B. It is essential that the state act now to reduce the cost of state government,20
through all means available, including efficiencies, economies, greater effectiveness,21
and other means to streamline government in order to overcome the projected severe22
revenue reductions occurring through 2012 and to ensure that available state tax23
dollars are being spent efficiently and effectively. Many state agencies were created24
over thirty years ago and a review of all agencies each agency and its activities,25
functions, programs, and services is needed to determine whether the purpose served26
by the agency or activity, function, program, or service continues to be relevant.27
* * *28
§107. Finances29 HLS 10RS-1116 ORIGINAL
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A. The commission may apply for, contract for, receive, and expend for1
purpose purposes of this Part any appropriation or grant from the state, its political2
subdivisions, the federal government, or any other public or private source.3
* * *4
§653. Duties and functions5
* * *6
K.(1) In the conduct of its responsibility to discharge the constitutional fiscal7
and budgetary responsibilities of the Louisiana Legislature, the committee shall8
consider the operating budgets of public entities and salaries of particular public9
officials which by law require the approval of the committee. in accordance with the10
following:11
(a) The consideration of committee shall consider operating budgets shall be12
given in advance of the beginning of the a subject entity's fiscal year. In the event13
If the committee finds that the entity has failed to receive the required approval,14
either by failure to appear or by committee disapproval of its budget, the committee15
shall have the authority to may adopt a resolution to direct the commissioner of16
administration and the state treasurer to deny any warrant or payment of money from17
the state treasury for any amount contained within that budget. The committee is18
also authorized to may also adopt a resolution to direct the commissioner of19
administration and state treasurer to recommence the acceptance of warrants. In case20
of a public entity whose operating funds are administered outside of the state21
treasury, if If the committee determines that the an entity whose operating funds are22
administered outside of the state treasury has failed to receive the required approval23
of its budget, either by failure to appear or by committee disapproval of its budget,24
the committee is authorized to may adopt a resolution to that effect, and any25
expenditure of public monies by such entity shall constitute a violation of the26
provisions of Article VII, Section 14 of the Constitution of Louisiana.27
(b) The consideration of salaries of public officials, which that by law28
require the approval of the committee, shall occur prior to the execution of any29 HLS 10RS-1116 ORIGINAL
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employment contract for that official. The state shall not be liable for any payment1
of such salary if the salary has not been approved by the Joint Legislative Committee2
on the Budget. The committee shall have the authority to adopt a resolution to direct3
the commissioner of administration and the state treasurer to deny any warrant or4
payment of money from the state treasury for any monies related to the payment of5
the salary at issue. The committee is also authorized to adopt a resolution to direct6
the commissioner of administration and state treasurer to recommence the7
acceptance of warrants.8
* * *9
(3) Notwithstanding any contrary provision of law, the chairman of the Joint10
Legislative Committee on the Budget may grant an entity, for good cause shown, an11
extension of time, not to exceed thirty days, to comply with the provisions of this12
Subsection, and the Joint Legislative Committee on the Budget may grant an13
additional extension of time.14
* * *15
Section 10. R.S. 42: 1123(13)(a)(i)(dd) is hereby amended and reenacted to read as16
follows:17
§1123. Exceptions18
This Part shall not preclude:19
* * *20
(13)(a)(i) The acceptance by a public servant of complimentary admission21
to a civic, non-profit, educational, or political event when the public servant is:22
* * *23
(dd) Attending the event to assist an elected official who meets the24
provisions of this Subparagraph Item when the public servant is under the25
supervision of the elected official and such assistance is within the ordinary26
employment duties of the public servant.27
* * *28 HLS 10RS-1116 ORIGINAL
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Section 11. R.S. 49:220.23(A)(1), 220.24(J), and 965.4(4) are hereby amended and1
reenacted to read as follows:2
§220.23. State inspector general; appointment; term; vacancy; compensation;3
removal4
A.(1) There shall be a state inspector general, hereinafter referred to as the5
"inspector general", who shall be appointed by the governor with the consent of the6
Senate. No person appointed inspector general shall hold or be a candidate for any7
elective office, including elective political party office, or any other public office or8
political party office. No person shall be appointed inspector general who has held9
any elective office or political party office within two years immediately preceding10
his appointment. No former inspector general shall be eligible to become a qualified11
qualify as a candidate for any elective office, including elective political party office,12
nor shall he assume any elective office or political party office within four years after13
the termination of his service as inspector general.14
* * *15
§220.24. Authority; duties; powers; standards; functions16
* * *17
J. The office of the state inspector general is hereby designated as a law18
enforcement agency and conferred all investigative powers and privileges19
appurtenant to a law enforcement agency under state law as necessary and in20
furtherance of the authority, duties, powers, and functions set forth herein in this21
Part. These powers and privileges shall not include arrest powers but shall include22
access to computer systems, information maintained for the use of law enforcement23
personnel, and any information contained in the criminal history record and24
identification file of the Louisiana Bureau of Criminal Identification and25
Information.26
* * *27
§965.4. Definitions28 HLS 10RS-1116 ORIGINAL
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The following words or terms as used in this Act shall have the following1
meanings unless a different meaning appears from the context:2
* * *3
(4) "Small business" means a small business that is domiciled in this state,4
employs one hundred or fewer full-time employees, and meets at least one of the5
following conditions:6
* * *7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Gallot HB No. 1216
Abstract: Makes technical corrections to various codal provisions and title of the Louisiana
Revised Statutes of 1950.
Proposed law Makes technical corrections to various codal provisions and title of the
Louisiana Revised Statutes of 1950.