SLS 10RS-1770 ENGROSSED
Page 1 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 750
BY SENATOR MURRAY
COURTS. Provides relative to the Orleans Parish Civil District Court. (gov sig)
AN ACT1
To amend and reenact R.S. 13:3105(A) and to enact R.S. 13:996.67, relative to courts and2
judicial procedure; to provide for the Civil District Court for the parish of Orleans;3
to authorize the Civil District Court for the parish of Orleans and the clerk of court4
of the Civil District Court for the parish of Orleans to impose additional costs of5
court and service charges in certain civil matters under certain circumstances; to6
provide for the collection of such costs and charges; to establish a judicial building7
fund; to provide for the dedication and disbursement of such funds; to provide8
procedures and conditions; to provide for the compensation of jurors in civil cases9
triable by a jury in the Civil District Court for the parish of Orleans; to increase such10
compensation; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 13:3105(A) is hereby amended and reenacted and R.S. 13:996.67 is13
hereby enacted to read as follows: 14
§996.67. Judicial building fund15
A. Subject to the approval of the Judicial Council of the Louisiana16
Supreme Court, the Civil District Court for the parish of Orleans and the clerk17 SB NO. 750
SLS 10RS-1770 ENGROSSED
Page 2 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of court of the Civil District Court for the parish of Orleans are hereby1
authorized to impose the following additional costs of court and service charges2
provided for in Subsection B of this Section in all cases over which the court has3
jurisdiction, until the bonded indebtedness provided for in Subsection C of this4
Section is paid. The costs and charges provided in Subsection B of this Section5
shall not apply to cases involving juvenile and family matters. The costs and6
charges may be up to and include the maximum amount set forth and shall be7
imposed on order of the judges en banc. Such costs and charges shall be paid to8
the clerk of court when the filing is made.9
B.(1) Until such time that public bids are let for the construction project,10
the amounts of the costs and charges which may be imposed shall be as11
provided in this Paragraph.12
Service Provided Amount of Cost Authorized13
(a) Recordings Up to thirty dollars per recordation14
(b) Civil Filings Up to twenty-five dollars per civil filing15
(c) Jury Trials Up to one hundred dollars per jury16
requested17
(d) Class Actions Up to one thousand twenty-five dollars per18
class certified19
(2) After public bids are let for the construction project the amounts of20
costs and charges which may be imposed shall be as provided in this Paragraph.21
Service Provided Amount of Cost Authorized22
(a) Recordings Up to thirty dollars per recordation23
(b) Civil Filings Up to two hundred dollars per civil filing24
(c) Jury Trials Up to two hundred dollars per jury25
requested26
(d) Class Actions Up to two thousand fifty dollars per class27
certified28
(e) All matters filedUp to ten dollars per item filed into civil29 SB NO. 750
SLS 10RS-1770 ENGROSSED
Page 3 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
suit record1
(3) The matters filed into a civil record upon which the costs provided2
for in Subparagraph (2)(e) shall be imposed shall include but not be limited to3
petitions, motions, orders, judgments, citations, rules, evidence, correspondence,4
affidavits, dismissals, depositions, writs, appeals, answers, subpoenas, and jury5
matters.6
C.(1) Solely for the purposes of this Section, there is hereby created the7
Civil District Court for the parish of Orleans Judicial District Court Building8
Commission for purposes of the construction and funding of the courthouse,9
which shall be deemed to be a public commission. The judges, en banc, of the10
Civil District Court for the parish of Orleans shall serve as the board of11
commissioners thereof. The commission shall be a public corporation with12
power to contract, administer the proceeds of the costs and charges authorized13
in this Section, lease, sublease, and otherwise provide for the construction,14
equipping, maintenance, and operation of a new courthouse for the Civil15
District Court for the parish of Orleans and to pledge and dedicate the receipts16
of the courthouse construction fund created hereby for the payment of any lease17
or sublease obligation, loan agreement, or other financing agreement relative18
thereto.19
(2) The commission shall elect a chairman and vice chairman. The20
judicial administrator for the Civil District Court for the parish of Orleans shall21
serve as secretary-treasurer for the commission.22
(3) Notwithstanding any other law to the contrary, issues regarding23
ownership and liability for maintenance and operation expenses of the new24
courthouse shall be provided for between the commission and Orleans Parish25
in a lease or sublease of the courthouse to the commission or by a cooperative26
endeavor agreement prior to the awarding of the contract for construction of27
the new courthouse.28
(4) The monies generated pursuant to this Section shall be forwarded by29 SB NO. 750
SLS 10RS-1770 ENGROSSED
Page 4 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the clerk of court and sheriff to the fiscal agent bank chosen by the commission1
to be held in the courthouse construction fund. Any funds currently on deposit2
to the separate account of the judicial expense fund from the costs and charges3
authorized by this Section shall be transferred at the discretion of the4
commission to the courthouse construction fund held by the commission's fiscal5
agent. These monies deposited to the courthouse construction fund shall be6
dedicated to the design, planning, feasibility, acquisition, construction,7
equipping, operating, and maintaining a new facility to house the Civil District8
Court for the parish of Orleans, the offices of the clerk of court for Civil District9
Court for the parish of Orleans, the First City Court, the clerk of the First City10
Court, the constable of the First City Court, the office of the civil sheriff, the11
Orleans Parish Juvenile Court, the mortgage office, the conveyance office, the12
notarial archives, and such other courts and parochial offices as may be13
necessary. No monies generated pursuant to this Section shall be used for14
payment of any bonded indebtedness involving site acquisition or construction15
of a new facility unless approved by the Joint Legislative Committee on the16
Budget and the State Bond Commission.17
(5) For the purposes of this Section, "equipping" shall include but not18
be limited to expenditures for the purchase and maintenance of computer19
software and hardware for the agencies housed in the judicial facility.20
(6) Notwithstanding any other provision of law to the contrary, the21
commission may pledge and dedicate the receipts of the courthouse construction22
fund for the payment of any obligation, loan agreement, or other financing23
agreement in connection with the issuance of bonds or other evidence of24
indebtedness for the commission by the Louisiana Public Facilities Authority25
or the Louisiana Local Government Environmental Facilities and Community26
Development Authority.27
D. If public bids are not let for the construction of a new facility as28
provided in this Section within four years of August 15, 2010, then the authority29 SB NO. 750
SLS 10RS-1770 ENGROSSED
Page 5 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
provided in this Section to levy the additional costs and charges shall terminate1
and be null and void. Thereafter, no costs or charges authorized in this Section2
shall be imposed or collected. Should the authority to levy such costs and3
charges terminate as set forth herein, all funds collected and deposited in the4
separate account as provided in this Section shall be used solely for capital5
improvements to the facility then housing the Civil District Court for the parish6
of Orleans.7
* * *8
§3105. Compensation of jurors in civil cases9
A. Those serving as jurors in the trial of civil cases triable by a jury in the10
Civil District Court for the parish of Orleans shall be entitled to compensation of11
sixteen twenty-five dollars each for each and every day, or part of a day, on which12
they serve as jurors in any civil case, the said sum total to be charged as costs and13
paid by the party cast for such costs. The party praying for the jury shall deposit with14
the clerk of the civil district court the sum of sixteen twenty-five dollars as jury15
costs. In addition, prior to the commencement of the trial, the party praying for the16
jury shall deposit in the registry of the court the sum of one hundred ninety two three17
hundred dollars for each day the court estimates the trial will last. No case triable18
by jury shall be placed on the court's jury trial docket or fixed for trial unless the19
sixteen twenty-five dollar deposit is made. No such trial by jury shall commence20
until the additional deposit provided for herein is made.21
* * *22
Section 2. This Act shall become effective upon signature by the governor or, if not23
signed by the governor, upon expiration of the time for bills to become law without signature24
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If25
vetoed by the governor and subsequently approved by the legislature, this Act shall become26
effective on the day following such approval.27 SB NO. 750
SLS 10RS-1770 ENGROSSED
Page 6 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument was prepared by Camille Sebastien Perry. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Jerry G. Jones.
DIGEST
Murray (SB 750)
Proposed law provides that, subject to the approval of the Judicial Council of the Louisiana
Supreme Court, the Civil District Court for the parish of Orleans and the clerk of court of
the Civil District Court for the parish of Orleans are authorized to impose additional costs
in all cases in which the court has jurisdiction, and further provides that such monies shall
be designated to the development, construction, and operation of a new facility to house the
Civil District Court for the parish of Orleans, the office of the clerk of court for Civil District
Court for the parish of Orleans, the First City Court, the clerk of the First City Court, the
constable of the First City Court, the office of the civil sheriff, the Orleans Parish Juvenile
Court, the mortgage office, the conveyance office, the notarial archives, and such other
courts and parochial offices as may be necessary.
Proposed law creates the Civil District Court for the parish of Orleans Judicial District Court
Building Commission and allows the judges, en banc, of the Civil District Court of the
parish of Orleans to serve as the board of commissioners.
Proposed law provides that the commission shall be a public corporation with power to
contract, administer the proceeds of the costs and charges, lease, sublease, and otherwise
provide for the construction, equipping, maintenance, and operation of a new courthouse for
the Civil District Court for the parish of Orleans and to pledge and dedicate the receipts of
the courthouse construction fund created hereby for the payment of any lease or sublease
obligation, loan agreement, or other financing agreement relative thereto.
Proposed law provides that issues regarding ownership and liability for maintenance and
operation expenses of the new courthouse shall be provided for between the commission and
Orleans Parish in a lease or sublease of the courthouse to the commission or by a cooperative
endeavor agreement prior to the awarding of the contract for construction of the new
courthouse.
Proposed law provides that no monies generated shall be used for payment of any bonded
indebtedness involving site acquisition or construction of a new facility unless approved by
the Joint Legislative Committee on the Budget and the State Bond Commission.
Proposed law authorizes the commission to pledge and dedicate the receipts of the
courthouse construction fund for the payment of any obligation, loan agreement, or other
financing agreement in connection with the issuance of bonds or other evidence of
indebtedness for the commission by the Louisiana Public Facilities Authority or the
Louisiana Local Government Environmental Facilities and Community Development
Authority.
Present law (R.S. 13:3105(A)) provides that jurors in the trial of civil cases in the Civil
District Court for the parish of Orleans shall be entitled to compensation of sixteen dollars
each for each and every day, or part of a day, on which they serve as jurors in any civil case,
and prior to the commencement of the trial, the party praying for the jury shall deposit in the
registry of the court the sum of one hundred ninety two dollars for each day the court
estimates the trial will last.
Proposed law increases the compensation paid to jurors from sixteen dollars to twenty-five
dollars and increases the amount required to be paid in the registry of the court from one
hundred ninety two dollars to three hundred dollars for each day the court estimates the trial
will last. SB NO. 750
SLS 10RS-1770 ENGROSSED
Page 7 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 13:3105(A); adds R.S. 13:996.67)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill.
1. Provides for Judicial Council approval.