SLS 12RS-935 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 614
BY SENATORS ADLEY, ALLAIN, BUFFINGTON, DORSEY-COLOMB, ERDEY,
GUILLORY, HEITMEIER, MILLS AND NEVERS
MILITARY AFFAIRS. Provides relative to need-based claims requirements as determined
by the Louisiana Military Family Assistance Board. (8/1/12)
AN ACT1
To amend and reenact R.S. 46:123(D)(1)(c)(iii) and (vi), relative to the Louisiana Military2
Family Assistance Board; to provide relative to requirements for need-based claims;3
and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 46:123(D)(1)(c)(iii) and (vi) are hereby amended and reenacted to6
read as follows: 7
ยง123. Louisiana Military Family Assistance Board 8
* * *9
D.(1) The board shall meet as necessary to review claims adjudicated by the10
third party administrator and make the following determinations:11
* * *12
(c) That all awards are need-based. Claims may be considered need-based if13
all of the following apply:14
* * *15
(iii) The undue hardship can be directly or indirectly related to the activation16
of the military person.17 SB NO. 614
SLS 12RS-935 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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(vi) The Louisiana Military Family Assistance Fund is in fact the family2
member's last resort. The applicant or the family member has made reasonable3
attempts to secure alternative funding through another program.4
* * *5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Heyward Jeffers.
DIGEST
Adley (SB 614)
Present law provides that the Louisiana Military Family Assistance Board determine
eligibility for need-based claims based on certain requirements.
Present law provides that the board shall meet as necessary to review all claims adjudicated
by the third party administrator and make the following determinations:
1. That all awards are made on behalf of activated military personnel.
2. That all awards are made pursuant to a claim by family members of activated
military personnel, or by the activated military person himself.
3. That all awards are need-based.
Proposed law retains present law.
Present law provides that claims may be considered need-based if all of the following apply:
1. Funds are requested for necessary expenses incurred, or to be incurred.
2. The necessary expenses created, or will create, an undue hardship on the family
member.
3. The undue hardship can be directly related to the activation of the military person.
4. Payment of the claim by the fund does not supplant other available public or private
funds.
5. The Louisiana Military Family Assistance Fund is in fact the family member's last
resort.
Proposed law retains present law and adds that the undue hardship can also be indirectly
related to the activation of the military person.
Proposed law requires the applicant or the family member to make reasonable attempts to
secure alternative funding through another program.
Effective August 1, 2012.
(Amends R.S. 46:123(D)(1)(c)(iii) and (vi))