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Regular Session, 2011
HOUSE BILL NO. 407
BY REPRESENTATIVES WHITE AND POPE AND SENATOR ERDEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS/DISTRICT: Establishes a judicial building fund for the construction of a new
courthouse in the Twenty-First Judicial District Court in Livingston Parish
AN ACT1
To enact R.S. 13:996.68, relative to the Twenty-First Judicial District Court in Livingston2
Parish; to establish a judicial building fund; to provide for ownership and control of3
the fund; to provide for costs of court; to provide for a service charge per filing in4
civil matters; to provide for recordation fees; to provide for dedication, purposes, and5
disbursement of such funds; to provide for the reduction of fees in certain6
circumstances; to authorize cooperative endeavor agreements; and to provide for7
related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 13:996.68 is hereby enacted to read as follows: 10
ยง996.68. Judicial building fund; Twenty-First Judicial District11
A.(1) Subject to the provisions of the Code of Civil Procedure Article 518112
et seq., in all cases over which the Twenty-First Judicial District Court for the parish13
of Livingston has jurisdiction, the judges of the Twenty-First Judicial District Court,14
acting en banc, and the Livingston Parish Clerk of Court are hereby authorized to15
impose and collect the following costs of court and additional filing charges:16
(a) A filing charge of one hundred dollars per filing which shall be paid to17
the Livingston Parish Clerk of Court when the initial filing of a civil suit is made.18
(b) A filing charge of ten dollars upon the filing of each additional pleading19
in a civil matter which shall be paid to the Livingston Parish Clerk of Court when20 HLS 11RS-285 ENGROSSED
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such filing is made. For purposes of this Subparagraph, additional pleadings shall1
include but are not limited to petitions, motions, orders, affidavits, judgments, rules,2
correspondence, citations, evidence, dismissals, depositions, writs, appeals, answers,3
and subpoenas.4
(2) The charges provided in this Section shall be in addition to other filing5
charges levied and collected by the Livingston Parish Clerk of Court for civil filings.6
(3) All such filing charges shall be imposed by the judges of the Twenty-7
First Judicial District Court acting en banc.8
B.(1) The judges of the Twenty-First Judicial District Court acting en banc9
and the Livingston Parish Clerk of Court are hereby authorized to impose and collect10
a filing fee of twenty dollars upon the recordation of documents and such fee shall11
be paid to the Livingston Parish Clerk of Court when the document is presented for12
recordation.13
(2) This filing fee shall be in addition to other filing fees levied and collected14
by the Livingston Parish Clerk of Court.15
(3) All such recordation fees shall be imposed by the judges of the Twenty-16
First Judicial District Court acting en banc.17
C. The monies generated pursuant to the provisions of this Section shall be18
held by the Livingston Parish Clerk of Court on behalf of the parish of Livingston19
and shall be remitted at least monthly by the Livingston Parish Clerk of Court20
directly to the Department of Finance for the parish of Livingston, and irrevocably21
deposited into the Livingston Parish Courthouse Fund dedicated exclusively to the22
design, acquisition, construction, renovation, equipping, operation, and maintenance23
of a new Livingston Parish courthouse to be located in the parish of Livingston, and24
for the payment of any bonds or other indebtedness on any such facilities.25
D.(1) Subject to the limitations provided in this Section, the Livingston26
Parish Council, as the governing authority of the parish of Livingston, shall have27
ownership and control over the Livingston Parish Courthouse Fund, and shall have28
the authority to pledge the Livingston Parish Courthouse Fund to bonds or other29 HLS 11RS-285 ENGROSSED
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instruments of indebtedness issued by or on behalf of the parish of Livingston. The1
Livingston Parish Council shall have the authority to pay and disburse from the2
Livingston Parish Courthouse Fund all amounts necessary to pay and discharge any3
bonds or other instruments of indebtedness issued to pay for the construction of the4
new Livingston Parish courthouse.5
(2) Any amounts in the Livingston Parish Courthouse Fund in addition to6
those funds necessary to pay and discharge any bonds or other instruments of7
indebtedness issued to pay for the construction of the new Livingston Parish8
courthouse may be expended for purposes of operating, maintaining, equipping, or9
furnishing the new Livingston Parish courthouse, or for additional new construction10
or renovations to the new Livingston Parish courthouse, but such additional surplus11
funds may only be expended by authority of the parish president of the Livingston12
Parish, the chief judge of the Twenty-First Judicial District Court, and the Livingston13
Parish Clerk of Court, by majority vote.14
E. Subject to the provisions of Subsection G of this Section, the judges of the15
Twenty-First Judicial District Court, acting en banc, may, as concurred by ordinance16
of the Livingston Parish Council, reduce the amount of filing charges and17
recordation fees provided for in this Section if the balance of sums on deposit in the18
Livingston Parish Courthouse Fund exceeds the requirements necessary for the new19
Livingston Parish courthouse, including but not limited to the payment of debt20
service on bonds or other indebtedness incurred in connection with the Livingston21
Parish courthouse.22
F. For all matters pertaining to the filing charges and recordation fees23
imposed by the provisions of this Section, and those related to the Livingston Parish24
courthouse, the Livingston Parish Clerk of Court and the judges of the Twenty-First25
Judicial District Court, acting en banc, shall have the authority to enter into any26
cooperative endeavor agreement with the parish of Livingston in conjunction with27
the design, construction, renovation, equipping, operation, and maintenance of the28
new Livingston Parish courthouse.29 HLS 11RS-285 ENGROSSED
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G. Notwithstanding any provision of law in this Section to the contrary, the1
state and any political subdivision thereof, the Twenty-First Judicial District Court,2
the Livingston Parish Clerk of Court, the Livingston Parish Council, and the3
Louisiana Legislature covenant and agree with the parish of Livingston and the4
holders of any bonds or other indebtedness of the parish of Livingston issued in5
connection with the new Livingston Parish courthouse, that so long as such bonds6
or other indebtedness shall remain outstanding, the state and any political7
subdivision thereof, the Twenty-First Judicial District Court, the Livingston Parish8
Clerk of Court, the Livingston Parish Council, and the Louisiana Legislature shall9
not in any way impair the rights and remedies of such holder of the security for such10
bonds or other indebtedness of the parish of Livingston issued in connection with the11
new Livingston Parish courthouse, until all such bonds or other indebtedness of the12
parish of Livingston are fully paid and discharged.13
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)]
White HB No. 407
Abstract: Establishes a judicial building fund for the construction of a new courthouse for
the 21
st
JDC in Livingston Parish and provides for filing and recordation charges in
civil matters.
Proposed law provides for the following charges to be imposed and collected in all cases
over which the 21
st
JDC for the parish of Livingston has jurisdiction:
(1)$100 per initial filing of a civil suit.
(2)$10 per filing of each additional pleading.
(3)$20 for the recordation of documents.
Proposed law provides that these charges shall be in addition to other civil filing fees levied
and collected by the Livingston Parish Clerk of Court. Further provides that such charges
shall be imposed by the judges of the 21
st
JDC acting en banc.
Proposed law provides that monies generated by proposed law shall be held by the
Livingston Parish Clerk of Court, remitted at least monthly to the Dept. of Finance for the
parish, and irrevocably deposited into the Livingston Parish Courthouse Fund. Provides for
the purpose and use of the fund. HLS 11RS-285 ENGROSSED
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Proposed law provides for the ownership and control of the Livingston Parish Courthouse
Fund and provides for the obligations of the Livingston Parish Council.
Proposed law provides procedures regarding the use of surplus funds and authorizes the
reduction of the filing charges and recordation fees. Authorizes the use of cooperative
endeavor agreements in conjunction with the design, construction, renovation, equipping,
operation, and maintenance of the new Livingston Parish courthouse.
Proposed law provides that the state, any political subdivision, the 21
st
JDC, the Livingston
Parish Clerk of Court, the Livingston Parish Council, and this legislature shall not impair the
rights and remedies of the holder of the security for the bonds or other indebtedness until
they are fully paid and discharged.
(Adds R.S. 13:996.68)