ENROLLED Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. ACT No. 20 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 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (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 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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: