ENROLLED
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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.
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
such filing is made. For purposes of this Subparagraph, additional pleadings shall21
include but are not limited to petitions, motions, orders, affidavits, judgments, rules,22
correspondence, citations, evidence, dismissals, depositions, writs, appeals, answers,23
and subpoenas.24 ENROLLEDHB NO. 407
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(2) The charges provided in this Section shall be in addition to other filing1
charges levied and collected by the Livingston Parish Clerk of Court for civil filings.2
(3) All such filing charges shall be imposed by the judges of the Twenty-3
First Judicial District Court acting en banc.4
B.(1) The judges of the Twenty-First Judicial District Court acting en banc5
and the Livingston Parish Clerk of Court are hereby authorized to impose and collect6
a filing fee of twenty dollars upon the recordation of documents and such fee shall7
be paid to the Livingston Parish Clerk of Court when the document is presented for8
recordation.9
(2) This filing fee shall be in addition to other filing fees levied and collected10
by the Livingston Parish Clerk of Court.11
(3) All such recordation fees shall be imposed by the judges of the Twenty-12
First Judicial District Court acting en banc.13
C. The monies generated pursuant to the provisions of this Section shall be14
held by the Livingston Parish Clerk of Court on behalf of the parish of Livingston15
and shall be remitted at least monthly by the Livingston Parish Clerk of Court16
directly to the Department of Finance for the parish of Livingston, and irrevocably17
deposited into the Livingston Parish Courthouse Fund dedicated exclusively to the18
design, acquisition, construction, renovation, equipping, operation, and maintenance19
of a new Livingston Parish courthouse to be located in the parish of Livingston, and20
for the payment of any bonds or other indebtedness on any such facilities.21
D.(1) Subject to the limitations provided in this Section, the Livingston22
Parish Council, as the governing authority of the parish of Livingston, shall have23
ownership and control over the Livingston Parish Courthouse Fund, and shall have24
the authority to pledge the Livingston Parish Courthouse Fund to bonds or other25
instruments of indebtedness issued by or on behalf of the parish of Livingston. The26
Livingston Parish Council shall have the authority to pay and disburse from the27
Livingston Parish Courthouse Fund all amounts necessary to pay and discharge any28
bonds or other instruments of indebtedness issued to pay for the construction of the29
new Livingston Parish courthouse.30 ENROLLEDHB NO. 407
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(2) Any amounts in the Livingston Parish Courthouse Fund in addition to1
those funds necessary to pay and discharge any bonds or other instruments of2
indebtedness issued to pay for the construction of the new Livingston Parish3
courthouse may be expended for purposes of operating, maintaining, equipping, or4
furnishing the new Livingston Parish courthouse, or for additional new construction5
or renovations to the new Livingston Parish courthouse, but such additional surplus6
funds may be expended only by authority of the parish president of Livingston7
Parish, the chief judge of the Twenty-First Judicial District Court, and the Livingston8
Parish Clerk of Court, by majority vote.9
E. Subject to the provisions of Subsection G of this Section, the judges of the10
Twenty-First Judicial District Court, acting en banc, may, as concurred by ordinance11
of the Livingston Parish Council, reduce the amount of filing charges and12
recordation fees provided for in this Section if the balance of sums on deposit in the13
Livingston Parish Courthouse Fund exceeds the requirements necessary for the new14
Livingston Parish courthouse, including but not limited to the payment of debt15
service on bonds or other indebtedness incurred in connection with the Livingston16
Parish courthouse.17
F. For all matters pertaining to the filing charges and recordation fees18
imposed by the provisions of this Section, and those related to the Livingston Parish19
courthouse, the Livingston Parish Clerk of Court and the judges of the Twenty-First20
Judicial District Court, acting en banc, shall have the authority to enter into any21
cooperative endeavor agreement with the parish of Livingston in conjunction with22
the design, construction, renovation, equipping, operation, and maintenance of the23
new Livingston Parish courthouse.24
G. Notwithstanding any provision of law in this Section to the contrary, the25
state and any political subdivision thereof, the Twenty-First Judicial District Court,26
the Livingston Parish Clerk of Court, the Livingston Parish Council, and the27
Louisiana Legislature covenant and agree with the parish of Livingston and the28
holders of any bonds or other indebtedness of the parish of Livingston issued in29
connection with the new Livingston Parish courthouse, that so long as such bonds30 ENROLLEDHB NO. 407
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or other indebtedness shall remain outstanding, the state and any political1
subdivision thereof, the Twenty-First Judicial District Court, the Livingston Parish2
Clerk of Court, the Livingston Parish Council, and the Louisiana Legislature shall3
not in any way impair the rights and remedies of such holder of the security for such4
bonds or other indebtedness of the parish of Livingston issued in connection with the5
new Livingston Parish courthouse, until all such bonds or other indebtedness of the6
parish of Livingston are fully paid and discharged.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: