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ACT No. 212
Regular Session, 2012
HOUSE BILL NO. 835
BY REPRESENTATIVE MILLER
AN ACT1
To amend and reenact R.S. 13:5121(2), 5124(B), and 5125, relative to bond validation suits;2
to provide for an online database for posting notice of filing bond validation suits;3
to provide for the information to be posted thereon; to provide for proof of posting;4
to provide for an effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 13:5121(2), 5124(B), and 5125 are hereby amended and reenacted7
to read as follows: 8
§ 5121. Definitions.9
* * *10
(2) "Governmental unit" means the State state of Louisiana, municipalities,11
parishes, parish and municipal school boards and districts, levee boards and districts,12
housing authorities, bridge authorities, community improvement agencies,13
redevelopment agencies, all other political subdivisions of the state, public trusts,14
corporations, districts, boards, authorities, agencies, and units of local government15
and nonprofit corporations created by or governed by the governing authorities of16
parishes or municipalities, any special service districts, such as water, sewerage,17
garbage, and lighting districts created by or pursuant to legislative acts and any other18
districts, boards, authorities, and agencies of the State state of Louisiana authorized19
to issue bonds.20
* * *21
§5124. Service by publication of motion for judgment; parties defendant;22
notification23
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B. The party filing a motion for judgment shall also cause notification of said1
the filing to be made upon the State Bond Commission and the attorney general by2
mailing a certified copy of the motion for judgment by registered or certified mail,3
with return receipt requested. The State Bond Commission shall establish and4
maintain on its website an online database of such motions for judgment and shall5
post to such database within two days of receipt the caption of the motion for6
judgment, including the parties, the docket number, judicial district, and parish in7
which the motion for judgment is filed. The State Bond Commission may remove8
from an online database on its website such motions and captions after three years9
from their initial posting on the website. No judgment can be rendered until the10
party filing a motion for judgment files in the record an affidavit of the individual11
who mailed the motion for judgment to the State Bond Commission and attorney12
general, showing that it was properly addressed, with sufficient postage affixed, and13
the date it was deposited in the United States mail, to which shall be attached the14
return receipt thereon.15
§5125. Contesting issuance of bonds or action taken with respect to source of16
payment therefor; notice and hearing; service on member of governing body17
Any person, corporation, or association desiring to contest or enjoin the18
issuance of any such bonds or action taken providing for a new or different source19
of payment for outstanding bonds shall proceed by motion for judgment brought in20
the court having jurisdiction as provided in R.S. 13:5123. Upon the filing of any21
such motion for judgment, the court shall enter an order within five days following22
such filing requiring the publication of the motion in some newspaper published in23
or having general circulation in such governmental unit two times within a period of24
fifteen consecutive calendar days from the date of the issuance of the order25
specifying the dates for publication thereof, with the first publication as hereinabove26
provided in this Section to be not later than eight days from and after the date of the27
issuance of the order, and at the same time fix a time and place for hearing the28
proceeding, which time and place shall be published with the motion for judgment.29
The date fixed for the hearing shall be at least ten days, but not more than thirteen30 ENROLLEDHB NO. 835
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days, after the second publication of such motion for judgment. In addition to such1
publication, the plaintiff must secure personal service at least five days prior to the2
second publication of the motion for judgment on at least one member of the3
governing body of the governmental unit whose actions or proceedings are sought4
to be contested or enjoined., and must cause notification of the motion for judgment5
to be made upon the State Bond Commission and the attorney general by mailing a6
certified copy of the motion for judgment by registered or certified mail, with return7
receipt requested. The State Bond Commission shall post to its online database8
within two days of receipt the caption of the motion for judgment, including the9
parties, the docket number, judicial district, and parish in which the motion for10
judgment is filed. The State Bond Commission may remove from an online database11
on its website such motions and captions after three years from their initial posting12
on the website.13
Section 2. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: