HLS 10RS-356 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 224
BY REPRESENTATIVE PEARSON
RETIREMENT BENEFITS: Requires suspension of public retirement benefits during
incarceration
AN ACT1
To amend and reenact the heading of Subpart L of Part II of Chapter 4 of Subtitle I of Title2
11 of the Louisiana Revised Statutes of 1950 and R.S. 11:570, 951.3, 952.3, 1378,3
1735(A), 1905, 3014, 3051, 3111, 3140, 3198, 3229, 3321(A), 3345, 3389, 3408,4
3440, 3470, 3513, 3608(A), 3691, 3770, 3800, and 3823 and R.S. 13:3881(D)(1) and5
to enact R.S. 11:293, relative to public retirement benefits; to provide relative to6
incarcerated persons who are members, former members, or retirees of public7
retirement systems; to require the suspension of retirement benefits by such persons8
during the period of incarceration; to provide for repayment of benefits already9
received by such persons; to require certain entities to report to public retirement10
systems information pertaining to such persons who are incarcerated; to provide an11
effective date; and to provide for related matters.12
Notice of intention to introduce this Act has been published13
as provided by Article X, Section 29(C) of the Constitution14
of Louisiana.15
Be it enacted by the Legislature of Louisiana:16
Section 1. The heading of Subpart L of Part II of Chapter 4 of Subtitle I of Title 1117
of the Louisiana Revised Statutes of 1950 and R.S. 11:570, 951.3, 952.3, 1378, 1735(A),18
1905, 3014, 3051, 3111, 3140, 3198, 3229, 3321(A), 3345, 3389, 3408, 3440, 3470, 3513,19 HLS 10RS-356 ORIGINAL
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3608(A), 3691, 3770, 3800, and 3823 are hereby amended and reenacted and R.S. 11:2931
is hereby enacted to read as follows:2
SUBPART L. APPLICABILITY OF CERTAIN COURT ORDERS3
LEGAL DETERMINATIONS4
* * *5
§293. Suspension of retirement benefits; incarceration6
A. As used in this Section, the following words or phrases shall have the7
following meanings:8
(1) "Crime" shall mean a criminal offense committed on or after the effective9
date of this Section pursuant to conviction of a crime.10
(2) "Incarceration" or "incarcerated" shall mean physically incarcerated in11
a correctional facility.12
(3) "Public retirement system" means any state, statewide, or local public13
retirement system, plan, or fund.14
(4) "Public servant" means a public employee or an elected official as15
defined in R.S. 42:1102, whether a member, former member, or retiree under the16
provisions of any public retirement system.17
B. No monthly retirement benefit or lump-sum payment of any kind shall be18
payable by a public retirement system to a public servant for any period of time19
during which he is incarcerated.20
C.(1) A parish prosecutor shall inform, in writing, the secretary of the21
Department of Public Safety and Corrections, or the sheriff if incarceration is in a22
parish jail, when a conviction for a crime is entered against a person whom the23
prosecutor knows or has reason to believe is a member of a public retirement system24
and has been sentenced to incarceration under the supervision of the secretary or25
sheriff. The secretary or sheriff shall compile such information and transmit it to the26
appropriate public retirement system. The board of trustees of the retirement system27
shall determine if such conviction and incarceration pursuant thereto applies to any28
of its members, former members, or retirees.29 HLS 10RS-356 ORIGINAL
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(2) The secretary of state, upon being notified by a United States attorney of1
a conviction for a federal crime, shall promptly transmit electronically to each public2
retirement system information pertaining to such conviction if such conviction3
resulted in incarceration. The board of trustees of the retirement system shall4
determine if such conviction and incarceration pursuant thereto applies to any of its5
members, former members, or retirees.6
(3) Upon a determination by the board of trustees of a public retirement7
system that a conviction for a crime and incarceration pursuant thereto applies to one8
of its members, former members, or retirees, the system shall suspend such person's9
monthly benefit for each full month of his incarceration period beginning with the10
first day of the first full month of his incarceration. Additionally, any lump-sum11
payments otherwise payable to such person shall not be payable during his12
incarceration period. Upon release of such person from incarceration he may apply13
to have his monthly benefits or his right to any lump-sum payment resumed.14
Monthly payments shall be payable beginning with the first day of the first full15
month following receipt and approval of his application by the retirement system.16
D. Notwithstanding the provisions of Subsection B of this Section, an17
incarcerated public servant whose spouse or children are his designated beneficiaries18
shall be considered deceased for purposes of his retirement benefits and the amount19
payable to his spouse or children were he deceased shall be payable during the period20
of his incarceration. Upon release of the public servant from incarceration, he may21
apply to have his monthly benefits resumed. Monthly benefits shall be payable22
beginning with the first day of the first full month following receipt of his23
application. If the benefit payable to his spouse or children upon his death would be24
the balance of the present value of his annuity and the beneficiary spouse or children25
elect to have such balance payable to them, the payment of such balance shall26
discharge the system of all liability to the public servant.27
E. Any person subject to suspension of retirement benefits under this Section28
who has received retirement benefits in excess of the benefits permitted in29 HLS 10RS-356 ORIGINAL
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Subsection B of this Section shall repay the retirement system the amount of the1
excess benefits plus interest. If such person fails to pay back such amount, the2
system may bring an action in civil court to recover such amount plus court costs and3
legal interest from the date of suspension.4
E. The provisions of Subsection B of this Section shall not apply to any5
defined contribution plan.6
G. The provisions of this Section shall supersede any provision of law7
exempting public retirement benefits from garnishment, attachment, seizure, or other8
process.9
* * *10
§570. Exemption from execution11
Any annuity, retirement allowance or benefit, or refund of contributions, or12
any optional benefit or any other benefit paid or payable to any person under the13
provisions of this Subpart is exempt from state or municipal tax, and is exempt from14
levy and sale, garnishment, attachment, or any other process whatsoever, except as15
provided in R.S. 11:293, and is unassignable.16
* * *17
§951.3. Pensions, benefits, etc., exemption from seizure18
The right of a person to a pension, an annuity, or a retirement allowance, to19
the return of contributions, the pension, annuity, or retirement allowance itself, or20
any other right accrued or accruing to any person under the provisions of this Part21
and the money in the various accounts created by this Part shall not be subject to22
execution, garnishment, attachment, or any other process whatsoever, except as23
provided in R.S. 11:293, and shall be unassignable except as specifically provided24
for in this Part.25
* * *26
§952.3. Exemption of pension and other rights from levy and other processes27
The right of a person to a retirement allowance, or to the return of28
contributions; the retirement allowance itself; any optional benefit or any other right29 HLS 10RS-356 ORIGINAL
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accrued or accruing to any person under the provisions of this Part; and the moneys1
monies in the funds created by this Part are exempt from any state or municipal tax,2
and exempt from levy and sale, garnishment, attachment, or any other process3
whatsoever, except as provided in R.S. 11:293, and shall be unassignable except as4
otherwise specifically provided in this Part.5
* * *6
§1378. Retirement pay or pension; exemption from taxes and execution7
Any retirement pay or pension paid to any judge or the surviving spouse of8
any judge under the unfunded judicial retirement plan is exempt from any state or9
municipal income tax, and is exempt from levy and sale, garnishment, attachment,10
or any other process whatsoever, except as provided in R.S. 11:293.11
* * *12
§1735. Exemption from execution13
A. The following items are hereby exempt from any state or municipal tax14
and from levy and sale, garnishment, attachment, or any other process whatsoever15
as provided in this Chapter, except as provided in R.S. 11:292 and 293: the right of16
a person to a pension, an annuity, or a retirement allowance, or to the return of17
contributions, the pension, annuity, or retirement allowance itself, any optional18
benefit or any other right accrued or accruing to any person, and the moneys monies19
in various funds created by this Chapter. These enumerated items shall be20
unassignable, except as in this Chapter specifically otherwise provided. Benefits21
paid under this Chapter shall be exempt from state income tax. If the contributions22
of an employee are paid by a municipality in order to secure credit for back service,23
these funds may be assigned to the municipality until such time as the employee has24
repaid contributions so paid or the municipality has released the contributions so25
paid by written notice to the board of trustees of the Municipal Employees'26
Retirement System.27
* * *28 HLS 10RS-356 ORIGINAL
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§1905. Exemption from execution1
The following items are hereby exempt from any state or municipal tax and2
from levy and sale, garnishment, attachment, or any other process whatsoever as3
provided in this Chapter, except as provided in R.S. 42:720.21: 11:293: the right of4
a person to a pension, an annuity, or a retirement allowance, or to the return of5
contributions, the pension, annuity, or retirement allowance itself, any optional6
benefit or any other right accrued or accruing to any person, and the moneys monies7
in various funds created by this Chapter. These enumerated items shall be8
unassignable, except as in this Chapter specifically otherwise provided. Benefits9
paid under this Chapter shall be exempt from state income tax. If the contributions10
of an employee are paid by an employer in order to secure credit for service, these11
funds may be assigned to the employer until such time as the employee has repaid12
contributions so paid or the employer has released the contributions so paid by13
written notice to the board.14
* * *15
§3014. Exemptions from execution16
The right of a person to an annuity, a retirement allowance, or benefit, or to17
the return of contributions, or to any optional benefit or any other right accrued or18
accruing to any person under the provisions of this Part, and the monies in the system19
created by this Part, is are hereby exempt from any state or municipal tax, and20
exempt from levy and sale, garnishment, attachment, or any other process21
whatsoever, except as provided in R.S. 11:293, and shall be unassignable except as22
in this Part specifically otherwise provided.23
* * *24
§3051. Assignment prohibited25
The right of a person to an annuity, a pension or any other benefit or refund,26
or any right accrued or accruing to any member or beneficiary under the provisions27
of this system, and the monies belonging to the system, shall be unassignable and28
shall not be subject to execution, garnishment, attachment, the operation of29 HLS 10RS-356 ORIGINAL
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bankruptcy, or the insolvency law or any other process of law except as specifically1
provided by the provisions of this system and in R.S. 11:293, and except that the City2
city shall have the right to set off funds for any claim arising from embezzlement by3
or fraud of a member.4
* * *5
§3111. Exemption from seizure and attachment6
No Except as provided in R.S. 11:293, no portion of the said Firemen's7
Pension and Relief Fund shall, before or after its order for distribution is issued by8
the said Board of Trustees to the person or persons entitled thereto under the9
provisions of this Part, be held, seized, or levied upon, by virtue of any attachment,10
garnishment, execution, or order or decree, or any other process whatsoever, issued11
out of or by any court, for the payment or satisfaction, in whole or in part, of any12
debt, damage, claim, judgment, or decree against any beneficiary of such Fund; but13
shall be exempt therefrom. That the said The Fund shall be kept, held, and14
distributed for no purposes other than those provided for in this Part.15
* * *16
§3140. Exemption from seizure and attachment17
No Except as provided in R.S. 11:293, no portion of the Firemen's Pension18
and Relief Fund shall, before or after its order for distribution is issued by the board19
of trustees to the person or persons entitled thereto under the provisions of this Part,20
be held, seized, taken, subjected to, detained or levied upon, by virtue of any21
attachment, garnishment, execution, injunction, writ, order, decree, or any other22
process whatsoever, issued out of or by any court of this state, for the payment or23
satisfaction, in whole or in part, of any debt, damage, demand, claim, judgment, or24
decree against any beneficiary of such Fund but shall be exempt therefrom. The25
Fund shall be kept, held, and distributed solely for the purposes named in this Part26
and for no other purposes whatsoever.27
* * *28 HLS 10RS-356 ORIGINAL
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§3198. Exemption from seizure and attachment1
That Except as provided in R.S. 11:293, no portion of the said Firemen's2
Pension and Relief Fund shall, before or after its order for distribution is issued by3
the said board of trustees to the person or persons entitled thereto under the4
provisions of this Part, be held, seized, taken, subjected to, detained, or levied upon,5
by virtue of any attachment, garnishment, execution, injunction, writ, order, decree,6
or any other process whatsoever, issued out of or by any court of this state, for the7
payment or satisfaction, in whole or in part, for any debt, damage, demand, claim,8
judgment, or decree, against any beneficiary of such fund but shall be exempt9
therefrom. That said The fund shall be sacredly kept, held, and distributed for the10
purposes named in this Part, and for no other purposes whatsoever.11
* * *12
§3229. Exemption from seizure and attachment13
No Except as provided in R.S. 11:293, no portion of the Firemen's Pension14
and Relief Fund shall, before or after its order for distribution is issued by the board15
of trustees to the person or persons entitled thereto under the provisions of this Part,16
be held, seized, taken, subjected to, detained, or levied upon, by virtue of any17
attachment, garnishment, execution, injunction, writ, order, decree, or any other18
process whatsoever, issued out of or by any court of this state, for the payment or19
satisfaction, in whole or in part, of any debts, damage, demand, claim, judgment, or20
decree against any beneficiary of such fund, but shall be exempt therefrom. The21
fund shall be kept, held, and distributed solely for the purposes named in this Part22
and for no other purposes whatsoever.23
* * *24
§3321. Exemption from seizure and attachment25
A. No Except as provided in R.S. 11:293, no portion of the Firemen's26
Pension and Relief Fund shall, before or after any order for distribution is issued by27
the said board of directors to the person or persons entitled thereto under the28
provisions of this Part, be held, seized, or levied upon, by virtue of any attachment,29 HLS 10RS-356 ORIGINAL
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garnishment, execution, or order or decree, or any other process whatsoever issued1
out of, or by any court, for the payment or satisfaction, in whole or in part, of any2
debt, damage, claim, judgment, or decree against any beneficiary of said fund but3
shall be exempt therefrom. That the said The fund shall be kept, held, and4
distributed for no purpose other than those provided for in this Part.5
* * *6
§3345. Exemption from seizure7
No Except as provided in R.S. 11:293, no portion of the pension fund shall,8
before or after its order for distribution is issued by the board of trustees to the9
person or persons entitled thereto under the provisions of this Part, be held, seized,10
taken, subjected to, detained, or levied upon by virtue of any attachment,11
garnishment, execution, writ, order, injunction, decree, or any other process12
whatsoever, issued out of or by any court of the state of Louisiana, for the payment,13
or satisfaction, in whole or in part, of any debt, claim, damage, demand, judgment,14
or any other decree against any beneficiary of this fund, but shall be exempt15
therefrom.16
* * *17
§3389. Exemption of pension and other rights from levy and other process18
The right of a person to a pension, an annuity, a retirement allowance, or to19
the return of contributions; the pension, annuity, or retirement allowance itself; any20
optional benefit or any other right accrued or accruing to any person under the21
provisions of this Part; and the moneys monies in the various funds created by this22
Part are exempt from any state or municipal tax, and all state income tax, and exempt23
from levy and sale, garnishment, attachment, or any other process whatsoever,24
except as provided in R.S. 11:293, and shall be unassignable except as otherwise25
specifically provided in this Part. The fund shall be sacredly held, kept, and secured26
and distributed for the purpose of pensioning the persons named in this Part and for27
the payment of death benefits and for no other purpose whatsoever.28
* * *29 HLS 10RS-356 ORIGINAL
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§3408. Exemption from seizure and attachment1
No Except as provided in R.S. 11:293, no portion of the fireman's pension2
and relief fund Firemen's Pension and Relief Fund, before or after its order for3
distribution is issued by the board of trustees to the person or persons entitled thereto4
under the provisions of this Part, shall be held, seized, taken, subjected to, detained,5
or levied upon, by virtue of any attachment, garnishment, execution, injunction, writ,6
order, decree, or any other process whatsoever, issued out of or by any court of this7
state, for the payment or satisfaction, in whole or in part, of any debt, damage,8
demand, claim, judgment, or decree against any beneficiary of such fund, but shall9
be exempt therefrom. The fund shall be kept, held, and distributed solely for the10
purposes named in this Part and for no other purposes whatsoever.11
* * *12
§3440. Exemption from seizure and attachment13
No Except as provided in R.S. 11:293, no portion of the said Firemen's14
Pension and Relief Fund shall, before or after its order for distribution is issued by15
the said Board of Trustees to the person or persons entitled thereto under the16
provisions of this Part, be held, seized, taken, subjected to, detained, or levied upon,17
by virtue of any attachment, garnishment, execution, injunction, writ, order, decree,18
or any other process whatsoever, issued out of or by any court of this state, for the19
payment or satisfaction, in whole or in part, of any debt, damage, demand, claim,20
judgment, or decree, against any beneficiary of such fund;, but shall be exempt21
therefrom. The Fund shall be sacredly kept, held, and distributed for the purposes22
named in this Part and for no other purposes whatsoever.23
* * *24
§3470. Exemption from seizure and attachment25
That Except as provided in R.S. 11:293, no portion of the said Firemen's26
Pension and Relief Fund shall, before or after its order for distribution is issued by27
the said board of trustees to the person or persons entitled thereto under the28
provisions of this Part, be held, seized, taken, subjected to, detained, or levied upon,29 HLS 10RS-356 ORIGINAL
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by virtue of any attachment, garnishment, execution, injunction, writ, order, decree,1
or any other process whatsoever, issued out of or by any court of this state, for the2
payment or satisfaction, in whole or in part, of any debt, damage, demand, claim,3
judgment, or decree against any beneficiary of such fund;, but shall be exempt4
therefrom. That said The fund shall be sacredly kept, held, and distributed for the5
purposes named in this Part, and for no other purposes whatsoever.6
* * *7
§3513. Fund not subject to execution8
The Except as provided in R.S. 11:293, the fund, or any portion thereof,9
before or after an order for its distribution is issued, shall be exempt from assignment10
or pledge by a beneficiary of the fund or from seizure by virtue of any judicial11
process issued against the beneficiary.12
* * *13
§3608. Attachment of fund; exemption from state income tax14
A. No Except as provided in R.S. 11:293, no portion of the fund shall, before15
or after the order for distribution is issued by the board of directors to the person or16
persons entitled thereto under the provisions of this Subpart, be held, seized, or17
levied upon, by virtue of any attachment, garnishment, execution, or order or decree,18
or any other process whatsoever, issued out of, or by, any court, for the payment or19
satisfaction, in whole or in part, of any debt, damage, claim, judgment, or decree20
against any beneficiary of such fund, but shall be exempt therefrom. The fund shall21
be kept, held, and distributed for no purpose other than those provided for in this22
Subpart. No present or future revision or amendments to the fund shall have the23
effect of reducing any benefit now in existence.24
* * *25
§3691. Exemption from execution26
The right of a person to a pension, an annuity, or a retirement allowance , to27
the return of contributions, the pension, annuity, or retirement allowance itself, any28
optional benefit or any other right accrued or accruing to any person under the29 HLS 10RS-356 ORIGINAL
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provisions of this Subpart, and the moneys monies in the various funds created by1
this Subpart, are hereby exempt from any state or municipal tax, and exempt from2
levy and sale, garnishment, attachment, or any other process whatsoever, except as3
provided in R.S. 11:293, and shall be unassignable except as in this Subpart4
specifically otherwise provided.5
* * *6
§3770. Exemption from seizure and attachment7
No Except as provided in R.S. 11:293, no portion of the said Bus Drivers'8
Pension and Relief Fund shall, before or after its order for distribution is issued by9
the said Board of Trustees to the person or persons entitled thereto under the10
provisions of this Part, be held, seized, taken, subjected to, detained, or levied upon11
by virtue of any attachment, garnishment, execution, injunction, writ, order, decree,12
of or any other process whatsoever, issued out of or by any Court court of this State13
state for the payment or satisfaction, in whole or in part, of any debt, damage,14
demand, claim, judgment, or decree, against any beneficiary of such fund, but shall15
be exempt therefrom. That said The Fund shall be sacredly kept, held, and16
distributed for the purposes named in this Part, and for no other purposes17
whatsoever.18
* * *19
§3800. Exemption from seizure and attachment20
That no Except as provided in R.S. 11:293, no portion of the said Electrical21
Workers' Pension and Relief Fund shall, before or after its order for distribution is22
issued by the said Board of Trustees to the person or persons entitled thereto under23
the provisions of this Part, be held, seized, taken, subjected to, detained, or levied24
upon by virtue of any attachment, garnishment, execution, injunction, writ, order,25
decree, or any other process whatsoever, issued out of, or by, any Court court of this26
State state for the payment or satisfaction, in whole or in part, of any debt, damage,27
demand, claim, judgment, or decree, against any beneficiary of such Fund, but shall28
be exempt therefrom. That said The Fund shall be sacredly kept, held, and29 HLS 10RS-356 ORIGINAL
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distributed for the purposes named in this Part, and for no other purposes1
whatsoever.2
* * *3
§3823. Exemption from execution4
The right of a person to a pension, an annuity, or a retirement allowance or5
benefit;, or to the return of contributions,; the pension, annuity, or retirement6
allowance itself; to any optional benefit; or any other right accrued or accruing to any7
person under the provisions of this Part or to any person with such rights in the8
Employees' Retirement System of the city of New Orleans are is exempt from any9
state or municipal tax and, are except as provided in R.S. 11:293, exempt from levy10
and sale, garnishment, attachment, or any other process whatsoever.11
Section 2. R.S. 13:3881(D)(1) is hereby amended and reenacted to read as follows:12
§3881. General exemptions from seizure13
* * *14
D.(1) Except as provided in Paragraph (2) of this Subsection and in R.S.15
11:293, the following shall be exempt from all liability for any debt except alimony16
and child support: all pensions, all tax-deferred arrangements, annuity contracts, and17
all proceeds of and payments under all tax-deferred arrangements and annuity18
contracts, as defined in Paragraph (3) of this Subsection.19
* * *20
Section 3. This Act shall take effect and become operative if and when the proposed21
amendment of Article X of the Constitution of Louisiana contained in the Act which22
originated as House Bill No. 228 of this 2010 Regular Session of the Legislature is adopted23
at the statewide election to be held in 2010 and becomes effective.24 HLS 10RS-356 ORIGINAL
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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)]
Pearson HB No. 224
Abstract: Provides for the suspension of public retirement benefits by any public servant
while incarcerated as a result of a crime committed on or after the effective date of
proposed law.
Proposed law requires the suspension of retirement benefits to any public servant while
incarcerated as a result of a crime committed on or after the effective date of proposed law.
Requires such person to pay back any funds to the retirement system that he has received in
excess of what proposed law allows.
Proposed law provides that such public servant shall be considered dead for purposes of
retirement benefits; during the incarceration period, his spouse or children shall receive any
amounts that they would be entitled to had the public servant died.
Proposed law provides that a parish prosecutor shall inform the secretary of DPS&C or the
parish sheriff in writing when a conviction has been obtained against a person to whom
proposed law may apply. The secretary or sheriff shall then report this information to the
appropriate retirement system. Relative to convictions for federal felonies, requires the
secretary of state to report information to the retirement system regarding any federal
convictions upon which he receives notice from the U.S. attorney for any federal crime
resulting in incarceration of a public servant. The retirement system shall determine if any
of its members or retirees are the subject of such incarceration and whether proposed law
is applicable.
Proposed law does not apply to any defined contribution plan.
Various provisions of present law specific to particular public retirement or pension systems,
plans, or funds provide that any annuity, retirement allowance or benefit, or refund of
contributions, or any optional benefit or any other benefit paid or payable to any person
under the provisions of present law is exempt from any state or municipal tax and is exempt
from levy and sale, garnishment, attachment, or any other process whatsoever and is
unassignable. Proposed law is an exception to such provisions.
Effective if and when the proposed amendment of Art. X of the Constitution of La.
contained in the Act which originated as HB 228 of the 2010 R.S. is adopted at the statewide
election and becomes effective.
(Amends the heading of Subpart L of Part II of Chapter 4 of Subtitle I of Title 11 of the
L.R.S. of 1950 and R.S. 11:570, 951.3, 952.3, 1378, 1735(A), 1905, 3014, 3051, 3111, 3140,
3198, 3229, 3321(A), 3345, 3389, 3408, 3440, 3470, 3513, 3608(A), 3691, 3770, 3800, and
3823 and R.S. 13:3881(D)(1); Adds R.S. 11:293)