Louisiana 2012 Regular Session

Louisiana Senate Bill SB308 Latest Draft

Bill / Chaptered Version

                            Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012	ENROLLED
SENATE BILL NO. 308
BY SENATOR MURRAY 
AN ACT1
To amend and reenact R.S. 13:5107(A), relative to service of citation and process; to2
provide relative to service of citation and process upon the state and state agencies;3
to provide certain procedures, terms, conditions, and effects; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 13:5107(A) is hereby amended and reenacted to read as follows: 7
ยง5107. Service of citation and process8
A. (1) In all suits filed against the state of Louisiana or a state agency,9
citation and service may be obtained by citation and service on the attorney general10
of Louisiana, or on any employee in his office above the age of sixteen years, or any11
other proper officer or person, depending upon the identity of the named defendant12
and in accordance with the laws of this state, and on the department, board,13
commission, or agency head or person, depending upon the identity of the named14
defendant and in accordance with the laws of this state, and on the department,15
board, commission, or agency head or person, depending upon the identity of the16
named defendant and the identity of the named board, commission, department,17
agency, or officer through which or through whom suit is to be filed against.18
(2) Service shall be requested upon the attorney general within ninety19
days of filing suit. This shall be sufficient to comply with the requirements of20
Subsection D of this Section and also Code of Civil Procedure Article 1201(C).21
However, the duty of the defendant served through the attorney general to22
answer the suit or file other responsive pleadings does not commence to run23
until the additional service required upon the department, board, commission,24
or agency head has been made.25
ACT No.  770 SB NO. 308	ENROLLED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
*          *          *1
Section 2. This Act shall become effective upon signature by the governor or, if not2
signed by the governor, upon expiration of the time for bills to become law without signature3
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If4
vetoed by the governor and subsequently approved by the legislature, this Act shall become5
effective on the day following such approval.6
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: