Louisiana 2012 2012 Regular Session

Louisiana House Bill HB207 Introduced / Bill

                    HLS 12RS-686	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 207
BY REPRESENTATIVE BROADWATER
COURTS/COURT COSTS: Provides with respect to the payment of certain costs and fees
by the office of workers' compensation administration in workers' compensation
insurance proceedings
AN ACT1
To enact R.S. 23:1174.2, relative to the payment of court costs and filing fees in workers'2
compensation liability insurance proceedings; to provide that the office of workers'3
compensation administration shall not be required to pay for the cost of legal4
proceedings or filing fees; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 23:1174.2 is hereby enacted to read as follows: 7
ยง1174.2. Exemption from payment of court costs and fees; office of workers'8
compensation administration9
The office of workers' compensation administration shall not be required to10
furnish any court bond, nor to make a deposit for or pay any costs of court in any11
legal proceedings, nor to pay any costs or fees in connection with the recordation in12
the mortgage records of any parish of a sworn statement showing the amount of13
contribution, interest, and penalties in default by an employer.  No clerk of any court,14
sheriff, recorder of mortgages, or any other public official shall fail or refuse to15
perform any service in connection with proceedings brought by the office of workers'16
compensation administration on the ground that costs have not been advanced or17
guaranteed, nor shall they be entitled to charge for any certified copies of any18 HLS 12RS-686	ORIGINAL
HB NO. 207
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
document which they shall be required to furnish on request of the office of workers'1
compensation administration.2
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)]
Broadwater	HB No. 207
Abstract: Provides that the office of workers' compensation administration (OWCA) shall
be exempt from paying court costs, filing or recordation fees in workers'
compensation liability insurance proceedings.
Present law (R.S. 13:4521) provides that the state, any parish, municipality, political
subdivision, board, commission, or employee, when acting within the scope of his
employment, shall be exempt from paying court costs in any judicial proceeding instituted
or prosecuted by or against the state or political subdivision therein.
Present law provides certain exceptions to the exemption from costs.
Present law (R.S. 13:5112) requires that the state shall owe court costs in certain final
judgments.
Present law (R.S. 23:1168.11-1172.2) provides that when an employer fails to secure
workers' compensation insurance, cooperate in the security and administration of claims, or
provide security for compensation; or if the employer makes any false, fraudulent, or
misleading statement, or omits information for the purpose of avoiding the payment of
workers' compensation insurance premiums, the OWCA may proceed against him.
Proposed law provides that the OWCA shall not be required to pay any court costs, filing
fees, furnish any court bond, or pay for any certified copies in suits relative to workers'
compensation insurance. 
(Adds R.S. 23:1174.2)