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Regular Session, 2010 ENROLLED
SENATE BILL NO. 750
BY SENATOR MURRAY
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
of court of the Civil District Court for the parish of Orleans are hereby18
authorized to impose the following additional costs of court and service charges19
provided for in Subsection B of this Section in all cases over which the court has20
jurisdiction, until the bonded indebtedness provided for in Subsection C of this21
Section is paid. The costs and charges provided in Subsection B of this Section22
shall not apply to cases involving juvenile and family matters. The costs and23
charges may be any amount up to and including the maximum amount set forth24
and shall be imposed on order of the judges en banc. Such costs and charges25
ACT No. 900 SB NO. 750 ENROLLED
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shall be paid to the clerk of court when the filing is made.1
B.(1) Until such time that public bids are let for the construction project,2
the amounts of the costs and charges which may be imposed shall be as3
provided in this Paragraph.4
Service Provided Amount of Cost Authorized5
(a) Recordings Up to thirty dollars per recordation6
(b) Civil Filings Up to twenty-five dollars per civil filing7
(c) Jury Trials Up to one hundred dollars per jury8
requested9
(d) Class Actions Up to one thousand twenty-five dollars per10
class certified11
(2) After public bids are let for the construction project the amounts of12
costs and charges which may be imposed shall be as provided in this Paragraph.13
Service Provided Amount of Cost Authorized14
(a) Recordings Up to thirty dollars per recordation15
(b) Civil Filings Up to two hundred dollars per civil filing16
(c) Jury Trials Up to two hundred dollars per jury17
requested18
(d) Class Actions Up to two thousand fifty dollars per class19
certified20
(e) All matters filedUp to ten dollars per item filed into civil21
suit record22
(3) The matters filed into a civil record upon which the costs provided23
for in Subparagraph (2)(e) of this Subsection shall be imposed shall include but24
not be limited to petitions, motions, orders, judgments, citations, rules, evidence,25
correspondence, affidavits, dismissals, depositions, writs, appeals, answers,26
subpoenas, and jury matters.27
C.(1) Solely for the purposes of this Section, there is hereby created the28
Civil District Court for the parish of Orleans Judicial District Court Building29
Commission for purposes of the construction and funding of the courthouse,30 SB NO. 750 ENROLLED
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which shall be deemed to be a public commission. The judges, en banc, of the1
Civil District Court for the parish of Orleans shall serve as the board of2
commissioners thereof. The commission shall be a public corporation with3
power to contract, administer the proceeds of the costs and charges authorized4
in this Section, lease, sublease, and otherwise provide for the construction,5
equipping, maintenance, and operation of a new courthouse for the Civil6
District Court for the parish of Orleans and to pledge and dedicate the receipts7
of the courthouse construction fund created hereby for the payment of any lease8
or sublease obligation, loan agreement, or other financing agreement relative9
thereto.10
(2) The commission shall elect a chairman and vice chairman. The11
judicial administrator for the Civil District Court for the parish of Orleans shall12
serve as secretary-treasurer for the commission.13
(3) Notwithstanding any other law to the contrary, issues regarding14
ownership and liability for maintenance and operation expenses of the new15
courthouse shall be provided for between the commission and Orleans Parish16
in a lease or sublease of the courthouse to the commission or by a cooperative17
endeavor agreement prior to the awarding of the contract for construction of18
the new courthouse.19
(4) The monies generated pursuant to this Section shall be forwarded by20
the clerk of court and sheriff to the fiscal agent bank chosen by the commission21
to be held in the courthouse construction fund. Any funds currently on deposit22
to the separate account of the judicial expense fund from the costs and charges23
authorized by this Section shall be transferred at the discretion of the24
commission to the courthouse construction fund held by the commission's fiscal25
agent. These monies deposited to the courthouse construction fund shall be26
dedicated to the design, planning, feasibility, acquisition, construction,27
equipping, operating, and maintaining a new facility to house the Civil District28
Court for the parish of Orleans, the offices of the clerk of court for Civil District29
Court for the parish of Orleans, the First City Court, the clerk of the First City30 SB NO. 750 ENROLLED
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Court, the constable of the First City Court, the office of the civil sheriff, the1
Orleans Parish Juvenile Court, the mortgage office, the conveyance office, the2
notarial archives, and such other courts and parochial offices as may be3
necessary. No monies generated pursuant to this Section shall be used for4
payment of any bonded indebtedness involving site acquisition or construction5
of a new facility unless approved by the Joint Legislative Committee on the6
Budget and the State Bond Commission.7
(5) For the purposes of this Section, "equipping" shall include but not8
be limited to expenditures for the purchase and maintenance of computer9
software and hardware for the agencies housed in the judicial facility.10
(6) Notwithstanding any other provision of law to the contrary, the11
commission may pledge and dedicate the receipts of the courthouse construction12
fund for the payment of any obligation, loan agreement, or other financing13
agreement in connection with the issuance of bonds or other evidence of14
indebtedness for the commission by the Louisiana Public Facilities Authority15
or the Louisiana Local Government Environmental Facilities and Community16
Development Authority.17
D. If public bids are not let for the construction of a new facility as18
provided in this Section by August 15, 2014, then the authority provided in this19
Section to levy the additional costs and charges shall terminate and be null and20
void. Thereafter, no costs or charges authorized in this Section shall be imposed21
or collected. Should the authority to levy such costs and charges terminate as22
set forth herein, all funds collected and deposited in the separate account as23
provided in this Section shall be used solely for capital improvements to the24
facility then housing the Civil District Court for the parish of Orleans.25
* * *26
§3105. Compensation of jurors in civil cases27
A. Those serving as jurors in the trial of civil cases triable by a jury in the28
Civil District Court for the parish of Orleans shall be entitled to compensation of29
sixteen twenty-five dollars each for each and every day, or part of a day, on which30 SB NO. 750 ENROLLED
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they serve as jurors in any civil case, the said sum total to be charged as costs and1
paid by the party cast for such costs. The party praying for the jury shall deposit with2
the clerk of the civil district court the sum of sixteen twenty-five dollars as jury3
costs. In addition, prior to the commencement of the trial, the party praying for the4
jury shall deposit in the registry of the court the sum of one hundred ninety two three5
hundred dollars for each day the court estimates the trial will last. No case triable6
by jury shall be placed on the court's jury trial docket or fixed for trial unless the7
sixteen twenty-five dollar deposit is made. No such trial by jury shall commence8
until the additional deposit provided for herein is made.9
* * *10
Section 2. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: