HLS 13RS-259 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 45
BY REPRESENTATIVE LOPINTO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
WEAPONS/FIREARMS: Creates the La. Manufactured Firearms and Ammunition Act
AN ACT1
To enact Part V of Chapter 9 of Title 40 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 40:1821 through 1833, relative to the regulation of firearms; to3
create the Louisiana Manufactured Firearms and Ammunition Act; to provide for the4
issuance of a license to sell or manufacture Louisiana firearms, firearm accessories,5
and ammunition; to provide for qualifications for manufacturers and dealers; to6
provide for applicability; to provide for licensing fees; to create the Louisiana7
Manufactured Firearms and Ammunition Fund; to provide for the use of monies8
deposited into that fund; to provide criteria for purchasing a Louisiana manufactured9
firearm; to provide for the seizure and forfeiture of certain firearms; to provide for10
criteria for Louisiana firearms manufacturing facilities; to provide for rulemaking;11
to provide for definitions; to provide the interpretation of statutory construction; to12
provide for appeals of decisions of the department; and to provide for related13
matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. Part V of Chapter 9 of Title 40 of the Louisiana Revised Statutes of 1950,16
comprised of R.S. 40:1821 through 1833, is hereby enacted to read as follows: 17
PART V. LOUISIANA MANUFACTURED FIREARMS AND AMMUNITION18
§1821. Short title19
This Part shall be known and may be cited as the "Louisiana Manufactured20
Firearms and Ammunition Act".21 HLS 13RS-259 ORIGINAL
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§1822. Legislative findings1
(1) The Louisiana Legislature recognizes the authority of the United States2
Congress to regulate matters of commerce between states, and also recognizes that3
Article VI, Section 2 of the Constitution of the United States proclaims that such4
laws made under the authority of the United States shall be the supreme law of the5
land.6
(2) The Tenth Amendment of the Constitution of the United States provides7
that, "[t]he powers not delegated to the United States by the Constitution, nor8
prohibited by it to the States, are reserved to the States respectively, or to the9
people."10
(3) The Ninth Amendment of the Constitution of the United States provides11
that, "[t]he enumeration in the Constitution, of certain rights, shall not be construed12
to deny or disparage others retained by the people."13
(4) In the absence of a constitutional prohibition, or a specific delegation of14
authority to the United States government, all regulation of intrastate commerce is15
expressly reserved to the authority of the states.16
(5) The Second Amendment of the Constitution of the United States provides17
that, "[a] well regulated Militia, being necessary to the security of a free State, the18
right of the people to keep and bear Arms, shall not be infringed."19
(6) Article I, Section 11 of the Constitution of Louisiana provides that, "The20
right of each citizen to keep and bear arms is fundamental and shall not be infringed.21
Any restriction on this right shall be subject to strict scrutiny."22
(7) The state of Louisiana has a compelling interest in protecting and23
preserving the fundamental rights of its citizens to keep and bear arms. The24
provisions of this Part are intended to preserve and protect the right to keep and bear25
arms within the borders of the state of Louisiana.26
(8) It is the express intention of the Louisiana Legislature that the provisions27
of this Part shall provide for the manufacturing and sales of certain firearms, firearm28 HLS 13RS-259 ORIGINAL
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accessories, and ammunition which are manufactured solely within the borders of the1
state of Louisiana.2
(9) The Louisiana Legislature declares that the provisions of this Part are3
deemed to be matters of intrastate commerce and are not subject to federal regulation4
through regulation of commerce between the states.5
§1823. Definitions6
A. For the purposes of this Part, the following terms shall have the following7
meanings:8
(1) "Department" means the Department of Public Safety and Corrections.9
(2) "Key firearm components" means the essential components of a firearm,10
including but not limited to the barrel, trigger, sear, striker, receiver, bolt, and11
magazine.12
(3) "Louisiana firearms dealer" means any person who has been issued a13
dealer's license as provided for in this Part and is engaged in this state in the business14
of selling any Louisiana manufactured firearm, firearm accessories, or ammunition.15
(4) "Louisiana manufactured" means creating a firearm, a firearm accessory,16
or ammunition from basic components for functional usefulness, including but not17
limited to machining, milling and turning, anodizing and plating, grinding, stamping,18
assembly and finishing, or other processes for working materials manufactured19
within the state of Louisiana pursuant to the provisions of this Part.20
(5) "Louisiana manufactured ammunition" means any projectiles with their21
fuses, propelling charges, or primers fired from any firearm which is manufactured22
in Louisiana pursuant to the provisions of this Part.23
(6) "Louisiana manufactured firearm" means any pistol, revolver, rifle,24
shotgun, machine gun, or submachine gun, which is designed to fire or is capable of25
firing fixed cartridge ammunition or from which shot or a projectile is discharged by26
an explosive and which is manufactured within the state of Louisiana pursuant to the27
provisions of this Part. "Firearm" shall not include machine guns or other firearms28 HLS 13RS-259 ORIGINAL
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defined and regulated by the provisions of Part I or Part II of Chapter 9 of Title 401
of the Louisiana Revised Statutes of 1950.2
(7) "Louisiana manufactured firearm accessories" means items that are used3
in conjunction with or mounted upon a firearm but are not essential to the basic4
function of a firearm, including but not limited to telescopic or laser sights,5
magazines, flash or sound suppressors, folding or aftermarket stocks and grips,6
ammunition carriers, and lights for target illumination which are manufactured in7
Louisiana pursuant to the provisions of this Part.8
(8) "Louisiana manufacturing firearms facility" is a facility which has been9
issued a permit for the production of Louisiana manufactured firearms, firearm10
accessories, and ammunition.11
(9) "Non-key firearm components" includes but is not limited to springs,12
screws, nuts, and pins.13
§1824. License to sell Louisiana firearms, firearm accessories, or ammunition;14
qualifications for licensure15
A. No person shall sell Louisiana manufactured firearms, Louisiana16
manufactured firearm accessories, or Louisiana manufactured ammunition without17
having first been issued a license by the department to sell Louisiana manufactured18
firearms, firearm accessories, or ammunition.19
B. The holder of a Louisiana firearms dealer's license issued pursuant to the20
provisions of this Section shall authorize the holder of that license to sell Louisiana21
manufactured firearms, firearm accessories, and ammunition pursuant to the22
provisions of this Part.23
C. The holder of a Louisiana firearms dealer's license issued pursuant to the24
provisions of this Section shall maintain records of the shipment, receipt, sale, or25
other disposition or acquisition of Louisiana manufactured firearms, firearm26
accessories, and ammunition at his place of business for such period, and in such27
form, as the department requires through rules adopted pursuant to the provisions of28
R.S. 40:1826.29 HLS 13RS-259 ORIGINAL
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D. To qualify for a license to sell Louisiana manufactured firearms, firearm1
accessories, or ammunition, a Louisiana resident shall:2
(1) Make sworn application to the deputy secretary of public safety services3
of the department. The submission of false or misleading information on the4
application or any documents submitted with the application shall be grounds for the5
denial or revocation of a Louisiana firearm dealer's license. Additionally, the6
applicant who provides false or misleading information shall be fined not more than7
two thousand dollars.8
(2) Be a resident of the state.9
(3) Be twenty-one years of age or older.10
(4) Not suffer from a mental or physical infirmity due to disease, illness, or11
condition which prevents the safe handling of a firearm.12
(5) Not be ineligible to possess a firearm by virtue of having been convicted13
of a felony.14
(6) Not have been committed, either voluntarily or involuntarily, for the15
abuse of a controlled dangerous substance, as defined by R.S. 40:961 and 964, or16
been found guilty of, or entered a plea of guilty or nolo contendere to a misdemeanor17
under the laws of this state or similar laws of any other state relating to a controlled18
dangerous substance within a five-year period immediately preceding the date on19
which the application is submitted, or be presently charged under indictment or a bill20
of information for such an offense.21
(7) Not chronically and habitually use alcoholic beverages to the extent that22
his normal faculties are impaired. It shall be presumed that an applicant chronically23
and habitually uses alcoholic beverages to the extent that his normal faculties are24
impaired if the applicant has been found guilty of, or entered a plea of guilty or nolo25
contendere to operating a vehicle while intoxicated, or has been admitted, either26
voluntarily or involuntarily, for treatment as an alcoholic, within the five-year period27
immediately preceding the date on which the application is submitted, or at any time28
after the application has been submitted.29 HLS 13RS-259 ORIGINAL
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(8) Not have entered a plea of guilty or nolo contendere to or been found1
guilty of a crime of violence as defined in R.S. 14:2(B).2
(9) Not have been convicted of, have entered a plea of guilty or nolo3
contendere to, or not be charged under indictment or a bill of information for any4
crime of violence or any crime punishable by imprisonment for a term of one year5
or greater. A conviction, plea of guilty, or plea of nolo contendere under this6
Paragraph shall include an expungement of such conviction or a dismissal and7
conviction set-aside under the provisions of Code of Criminal Procedure Article 893.8
(10) Not be a fugitive from justice.9
(11) Not be an unlawful user of, or addicted to, marijuana, depressants,10
stimulants, or narcotic drugs.11
(12) Not have been adjudicated to be mentally deficient or been committed12
to a mental institution.13
(13) Not be an illegal alien in the United States.14
(14) Not have been discharged from the Armed Forces of the United States15
with a discharge characterized as "Under Other than Honorable Conditions", a "Bad16
Conduct Discharge", or a "Dishonorable Discharge". In the case of Commissioned17
Officers and Warrant Officers of the United States Armed Forces, the punishment18
of "Dismissal" rendered subject to a verdict of "guilty" at a trial by military court-19
martial is deemed to be disqualifying under this Paragraph. For the purposes of this20
Paragraph, the United States Coast Guard is considered an armed force.21
(15) Not be ineligible to possess a firearm under 18 U.S.C. 922(g).22
(16) Not have had a license denied within one year prior to the most recent23
application.24
(17) Not have had a license revoked within four years prior to the most25
recent application.26
(18) Likely to conduct business as authorized by this Part in complete27
compliance with the provisions of this Part.28 HLS 13RS-259 ORIGINAL
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(19) Meet any other criteria provided for by rules adopted by the department1
pursuant to R.S. 40:1827.2
§1825. License to manufacture Louisiana manufactured firearms, firearm3
accessories, and ammunition; qualifications for licensure4
A. No person shall manufacture a Louisiana manufactured firearm, firearm5
accessory, or ammunition without having first been issued a license to manufacture6
Louisiana manufactured firearms, firearm accessories, or ammunition issued by the7
department.8
B. To qualify for a license to manufacture Louisiana manufactured firearms,9
firearm accessories, or ammunition, a Louisiana resident shall:10
(1) Make sworn application to the deputy secretary of public safety services11
of the department and meet the criteria for licensing provided for in R.S. 40:1824(D)12
and in rules adopted pursuant to the provisions of R.S. 40:1827. The submission of13
false or misleading information on the application or any documents submitted with14
the application shall be grounds for the denial or revocation of a Louisiana firearm15
dealer's license. Additionally, the applicant who provides false or misleading16
information shall be fined not more than two thousand dollars.17
(2) Include with the application a detailed description of the types of18
Louisiana manufactured firearms, firearm accessories, or ammunition the licensee19
intends to manufacture.20
C. The department shall inspect the facility where the Louisiana21
manufactured firearms, firearm accessories, or ammunition will be manufactured and22
determine all of the following:23
(1) That the facility has the capacity to provide for the secure storage of24
Louisiana manufactured firearms, firearm accessories, and ammunition.25
(2) That the facility has sufficient means to ensure that the licensee can26
provide adequate inventory accountability to the department.27
D. The holder of a Louisiana firearms manufacturer's license issued pursuant28
to the provisions of this Part shall authorize the holder of that license to manufacture29 HLS 13RS-259 ORIGINAL
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firearms, firearm accessories, and ammunition in Louisiana pursuant to the1
provisions of this Part.2
E. The holder of a Louisiana firearms manufacturer's license issued pursuant3
to the provisions of this Part shall maintain records of the manufacture, shipment,4
receipt, sale, or other disposition or acquisition of Louisiana manufactured firearms,5
firearm accessories, and ammunition at his place of business for such period, and in6
such form, as the department requires through rules adopted pursuant to the7
provisions of R.S. 40:1826.8
§1826. Rulemaking authority9
A. The department shall adopt rules to implement the provisions of this Part.10
B. All rules shall be adopted pursuant to the Administrative Procedure Act.11
§1827. Fees12
A.(1) The department shall assess a fee not to exceed one thousand dollars13
for a license to manufacture Louisiana manufactured firearms, firearm accessories,14
or ammunition.15
(2) The department shall assess a fee not to exceed two hundred dollars for16
a license to sell Louisiana manufactured firearms, firearm accessories, or17
ammunition.18
(3) All fees shall be submitted with the application to cover the19
administrative costs of the investigation, inspection, and other services required to20
process and issue the license or permit.21
(4) The term of the licenses authorized by the provisions of this Part shall be22
two years.23
B. Fees received by the department as authorized in this Section and fines24
collected pursuant to this Part shall be deposited immediately upon receipt into the25
state treasury.26
C. After compliance with the requirements of Article VII, Section 9(B) of27
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,28
and prior to monies being placed in the state general fund, an amount equal to that29 HLS 13RS-259 ORIGINAL
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deposited as required by Subsection B of this Section shall be credited to a special1
fund hereby created in the state treasury to be known as the "Louisiana Manufactured2
Firearms and Ammunition Fund". The monies in this fund shall be used solely as3
provided for in Subsection D of this Section and only in the amounts appropriated4
by the legislature. All unexpended and unencumbered monies in this fund at the end5
of the fiscal year shall remain in such fund. The monies in this fund shall be invested6
by the state treasurer in the same manner as monies in the state general fund and7
interest earned on the investment of these monies shall be credited to this fund,8
again, following compliance with the requirement of Article VII, Section 9(B) of the9
Constitution of Louisiana relative to the Bond Security and Redemption Fund.10
D. The monies in the Louisiana Manufactured Firearms and Ammunition11
Fund shall be used solely to implement the provisions of this Part.12
§1828. Louisiana manufactured firearms; identification markings13
A. Each manufacturer of any Louisiana manufactured firearm shall identify14
the firearm with a number or other identification mark approved by the department15
and shall mark, stamp, or otherwise place the number or mark thereon in a manner16
approved by the department.17
B. The identification mark shall clearly state "made in Louisiana".18
§1829. Criminal background information19
A. Prior to selling a Louisiana manufactured firearm, a dealer shall20
determine whether the purchaser is eligible to purchase a Louisiana manufactured21
firearm pursuant to the provisions of R.S. 40:1787 and shall request a criminal22
history records check from the Louisiana Bureau of Criminal Identification and23
Information as provided for in R.S. 15:587.24
B. Upon receiving a request pursuant to the provisions of this Section, the25
bureau shall survey its criminal history records and identification files and make a26
simultaneous request of the Federal Bureau of Investigation for like information27
from other jurisdictions. The Louisiana Bureau of Criminal Identification and28
Information shall provide a report promptly and in writing, but provide only such29 HLS 13RS-259 ORIGINAL
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information as is necessary to specify whether or not that person has been arrested1
for or convicted of or pled nolo contendere to any crime or crimes, the crime or2
crimes of which he has been arrested for or convicted or to which he has pled nolo3
contendere, and the date or dates on which they occurred. The report provided4
pursuant to the provisions of this Subsection shall include arrests, convictions, or5
other dispositions, including convictions dismissed pursuant to Code of Criminal6
Procedure Articles 893 and 894.7
C.(1) The department shall adopt rules to facilitate that the holder of a8
Louisiana firearms dealer's license issued pursuant to the provisions of this Part has9
access to the criminal background information required by the provisions of this10
Section in real-time or immediate electronic database access.11
(2) The department may specify in the rules the manner or format the12
information is conveyed in order to facilitate the sale of Louisiana manufactured13
firearms, firearm accessories, and ammunition.14
§1830. Requirements to purchase a Louisiana manufactured firearm15
A. To purchase a Louisiana manufactured firearm, the purchaser shall make16
sworn application to purchase a Louisiana manufactured firearm authorizing the17
dealer to request a criminal records check as provided for in R.S. 40:1829. The18
submission of false or misleading information on the application or any documents19
submitted with the application shall subject the applicant to a fine of not more than20
five thousand dollars, imprisonment with or without hard labor for not more than two21
years, or both.22
B. To be eligible to purchase a Louisiana manufactured firearm, a person23
shall meet all of the following criteria:24
(1) Be a resident of the state.25
(2) Be at least eighteen years of age for the purchase of a Louisiana26
manufactured firearm other than a handgun and at least twenty-one years of age for27
the purchase of a Louisiana manufactured handgun.28 HLS 13RS-259 ORIGINAL
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(3) Declare that the purchaser is the transferee of the firearm, unless1
purchased as a gift for a person who is not ineligible to possess a firearm.2
(4) Not be ineligible to possess a firearm pursuant to the provisions of R.S.3
14:95.1.4
(5) Not be a fugitive from justice.5
(6) Not be an unlawful user of, or addicted to, marijuana, depressants,6
stimulants, or narcotic drugs.7
(7) Not have been adjudicated to be mentally deficient or been committed8
to a mental institution.9
(8) Not be an illegal alien in the United States.10
(9) Not having been a citizen of the United States, renounced his citizenship.11
(10) Not have been discharged from the Armed Forces of the United States12
with a discharge characterized as "Under Other than Honorable Conditions", a "Bad13
Conduct Discharge", or a "Dishonorable Discharge". In the case of Commissioned14
Officers and Warrant Officers of the United States Armed Forces, the punishment15
of "Dismissal" rendered subject to a verdict of "guilty" at a trial by military court-16
martial is deemed to be disqualifying under this Paragraph. For the purposes of this17
Paragraph, the United States Coast Guard is considered an armed force.18
(11) Not be subject to a court order that restricts the possession or use of a19
firearm.20
(12) Not have been convicted in any court of a misdemeanor crime of21
domestic violence.22
§1831. Seizure and forfeiture of weapons; disposition thereof23
A. Any Louisiana manufactured firearm purchased or manufactured in24
violation of the provisions of this Part may be seized by the department. Upon25
seizure, the firearm shall be forfeited to the state and may be disposed of by the26
department pursuant to this Section.27
B. No Louisiana manufactured firearm shall be sold at public sale. The28
department may order the Louisiana manufactured firearm to be destroyed, sell it at29 HLS 13RS-259 ORIGINAL
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private sale to any political subdivision of the state or to any officer thereof, or retain1
it for its own use.2
§1832. Federal law exclusions; interpretation of Part3
A. A Louisiana manufactured firearm, firearm accessory, or ammunition that4
is manufactured commercially or privately in Louisiana pursuant to the provisions5
of this Part and which remains within the borders of Louisiana is not subject to6
federal law or federal regulation, including registration, under the authority of7
congress to regulate interstate commerce. It is declared by the Louisiana Legislature8
that those items have not traveled in interstate commerce.9
B. It is the express intention of the Louisiana Legislature that the courts10
interpret the provisions of this Part not to apply to interstate commerce only with11
respect to Louisiana manufactured firearms, firearm accessories, or ammunition12
which have been manufactured solely within the state of Louisiana from basic13
materials and are composed only of key firearm components which have not been14
imported into this state.15
C. It is the express intention of the Louisiana Legislature that non-key16
firearm components that have other manufacturing or consumer product applications17
are not Louisiana manufactured firearms, firearm accessories, or ammunition, and18
that their importation into Louisiana and incorporation into a firearm, firearm19
accessory, or ammunition manufactured in Louisiana shall not subject the Louisiana20
manufactured firearm, firearm accessory, or ammunition to federal regulation.21
D. It is declared by this legislature that basic components, such as un-22
machined steel, aluminum and other alloys, plastics, and unshaped wood, are not23
Louisiana manufactured firearms, firearm accessories, or ammunition and are not24
subject to congressional authority to regulate Louisiana manufactured firearms,25
firearm accessories, and ammunition under interstate commerce as if they were26
actually firearms, firearm accessories, or ammunition.27 HLS 13RS-259 ORIGINAL
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E. The authority of congress to regulate interstate commerce in basic1
materials shall not include the authority to regulate Louisiana manufactured firearms,2
firearm accessories, and ammunition made in Louisiana from those materials.3
§1833. Appeals of decisions of the department4
All appeals from any decision of the department shall be filed within twenty5
days of notice of the decision in the Nineteenth Judicial District Court and shall be6
reviewed solely on the record.7
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)]
Lopinto HB No. 45
Abstract: Provides for the licensure of persons to sell or manufacture firearms, firearm
accessories, and ammunition manufactured in the state of La., and provides that the
selling or manufacturing of such items are not subject to federal regulation.
Present federal law provides for the regulation of the sale of firearms and firearm
accessories. Article I, Section 8 of the U.S. Constitution also provides that congress has the
authority to regulate interstate commerce.
Proposed law establishes an alternative regulatory scheme for the manufacture of firearms,
firearm accessories, and ammunition within the boundaries of the state of La.
Proposed law provides that firearms, firearm accessories, and ammunition manufactured in
the state of La. and which remain within the borders of Louisiana are not subject to federal
law or federal regulation, including registration, under the authority of congress to regulate
interstate commerce.
Proposed law provides definitions including "key firearm components", "Louisiana firearms
dealer", "Louisiana manufactured", "Louisiana manufactured ammunition", "Louisiana
manufactured firearm", "Louisiana manufactured firearm accessories", "Louisiana
manufacturing firearms facility" and "non-key firearm components".
Proposed law establishes qualifications and criteria for the issuance of a license to sell
(dealer's license) La. manufactured firearms, firearm accessories, and ammunition.
Proposed law establishes the qualifications and criteria for the issuance of a license to
manufacture La. manufactured firearms, firearm accessories, and ammunition. Further
provides for the inspection of the manufacturing facility.
Provides that DPS&C may establish rules for the implementation of proposed law.
Proposed law requires dealers and manufacturers to maintain records of the manufacture,
shipment, receipt, sale, or other disposition of La. manufactured firearms, firearm
accessories, and ammunition. HLS 13RS-259 ORIGINAL
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Proposed law authorizes DPS&C to assess a fee not to exceed $1,000 for a manufacturer's
license and a fee not to exceed $200 for a dealer's license. Proposed law also creates the La.
Manufactured Firearms and Ammunition Fund and provides for the administration and use
of the fund.
Proposed law requires that all La. manufactured firearms be identified and stamped "made
in Louisiana".
Present federal law provides that in order for a person to purchase a firearm, a Federal
Firearms Licensee shall submit the name of the prospective buyer to the National Instant
Criminal Background Check System (NCIS) maintained by the Federal Bureau of
Investigation.
Proposed law creates an alternative background check procedure which originates with state
police and provides for access to NCIS.
Proposed law establishes criteria for the purchase of a La. manufactured firearm.
Provides for the seizure and forfeiture of La. manufactured firearms which are purchased or
manufactured in violation of proposed law.
Proposed law provides for appeals of decisions of the department to the 19
th
JDC.
(Adds R.S. 40:1821-1833)