Louisiana 2013 2013 Regular Session

Louisiana House Bill HB561 Engrossed / Bill

                    HLS 13RS-419	ENGROSSED
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Regular Session, 2013
HOUSE BILL NO. 561
BY REPRESENTATIVE TIM BURNS AND SENATOR NEVERS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CORONERS:  Provides relative to the coroner of St. Tammany Parish
AN ACT1
To enact R.S. 13:5725 and to repeal R.S. 13:5724, relative to the coroner of St. Tammany2
Parish; to require the governing authority of St. Tammany Parish to collect certain3
tax revenues levied for purposes of the St. Tammany Parish coroner's office; to4
require all collected revenues to be deposited into a special account for designated5
use; to require the governing authority to establish an annual salary for the St.6
Tammany Parish coroner; to require the governing authority to establish the salaries7
of employees of the coroner's office; to provide for certain responsibilities of the8
governing authority relative to the use of the tax proceeds; to provide for an effective9
date; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1.  R.S. 13:5725 is hereby enacted to read as follows: 12
ยง5725. St. Tammany Parish; coroner; powers and duties; compensation of coroner13
and employees14
A. The governing authority of St. Tammany Parish shall receive all tax15
revenues collected from the ad valorem tax levied by St. Tammany Parish for16
coroner purposes and approved by a majority of the electors of the parish at an17
election held for that purpose on November 2, 2004, including any extensions or18
renewals thereof. The St. Tammany Parish coroner's office shall transfer any and all19
funds on hand received from the ad valorem tax to the governing authority of St.20 HLS 13RS-419	ENGROSSED
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Tammany Parish, less and except amounts needed for operation for the remainder1
of calendar year 2013, with the amount being determined by the St. Tammany Parish2
finance department. Any contracts or purchase agreements entered into by the St.3
Tammany Parish coroner's office shall require approval or ratification by the4
governing authority of St. Tammany Parish.5
B. The revenues collected by the governing authority pursuant to Subsection6
A of this Section shall be deposited into a special account and expended solely for7
the purposes set forth in the ad valorem tax proposition approved by the voters, less8
and except St. Tammany Parish's administrative fees, costs associated with9
administration of the ad valorem tax levied, St Tammany Parish's costs associated10
with oversight of the St. Tammany Parish coroner's office, and amounts necessary11
to service bonds or other debt obligations secured by the ad valorem tax.  St.12
Tammany Parish shall be deemed to have fully and completely met its obligations13
to fund the St. Tammany Parish coroner's office as set forth in R.S. 13:5706 and14
5710. Notwithstanding any provisions of law to the contrary, St. Tammany Parish15
shall not be obligated to pay any other fee or cost and all obligations to the coroner16
are limited as provided for in this Subsection.17
C.(1) All salaries or fees associated with the operation of the coroner's office18
shall be funded and paid from revenues collected pursuant to Subsection A of this19
Section.20
(2)  An annual salary shall be established by the governing authority of the21
parish of St. Tammany to be paid to the coroner in lieu of all fees for his services as22
parish coroner, ex officio parish physician, or health officer.23
(3) The governing authority shall also establish an annual salary for the24
deputy or assistant coroners, secretaries, stenographers, clerks, technicians,25
investigators, official photographers, or other employees.26
D. The coroner of St. Tammany Parish shall not own or acquire immovable27
property.  Any and all immovable property, including buildings, component parts28
and other appurtenances, previously owned by St. Tammany Parish and transferred29 HLS 13RS-419	ENGROSSED
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to the St. Tammany Parish coroner's office shall be transferred to the governing1
authority of St. Tammany Parish free and clear of all mortgages, liens, or other2
encumbrances within six months of the effective date of this Section.3
E. Within six months of the effective date of this Section, the governing4
authority of St. Tammany Parish and the St. Tammany Parish coroner's office shall5
enter into a restated cooperative endeavor agreement, including but not limited to the6
following provisions:7
(1) Requiring use of all tax revenues in strict conformity with the tax8
proposition approved by the voters.9
(2)  Requiring compliance with public bid and procurement laws.10
(3) Annual forensic audits as required at the sole discretion of the governing11
authority of St. Tammany Parish, in addition to any other audits required by law, for12
review by the governing authority of St. Tammany Parish.13
Section 2.  R.S.13:5724 is hereby repealed in its entirety.14
Section 3. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
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)]
Tim Burns	HB No. 561
Abstract: Requires the governing authority for St. Tammany Parish to receive certain tax
revenues on behalf of the St. Tammany Parish coroner's office and further provides
for responsibilities and duties related to the use of the tax revenues.
Present law requires the coroner of St. Tammany Parish to directly receive all tax revenues
collected from the ad valorem tax levied by the police jury and approved by a majority of
the electors of the parish, less and except all amounts required to pay any bonds or other debt
obligations issued by the parish which are secured by and payable from the coroner's tax.
Proposed law repeals present law. HLS 13RS-419	ENGROSSED
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Present law requires St. Tammany Parish and the coroner of St. Tammany Parish to enter
into a cooperative endeavor agreement to specify details concerning the coroner's tax.
Proposed law repeals present law.
Present law requires the coroner of St. Tammany Parish to be responsible for the fiscal
operation of the coroner's office.
Proposed law repeals present law.
Proposed law provides that the parish shall have fully and completely met its obligations to
the coroner's office and shall not be obligated to pay any other fee or cost after the transfer
of certain proceeds for certain purposes.
Proposed law repeals present law.
Present law requires the coroner of St. Tammany Parish to prepare and present to the
governing authority of the parish an annual report showing the operations of his office, the
monies received by the office, and the purposes for which the monies were expended, along
with an estimate of prospective revenues and proposed expenditures and expenses for the
ensuing year.
Proposed law repeals present law.
Proposed law requires the governing authority of St. Tammany Parish to receive all tax
revenues collected from an ad valorem tax levied by the parish for coroner purposes and
approved by a majority of the voters including any extensions or renewals.
Proposed law further requires the coroner's office to transfer any and all funds on hand
received from the ad valorem tax to the governing authority less and except amounts needed
for operation for the remainder of the 2013 calender year as determined by the St. Tammany
Parish finance department, and further requires that any contracts or purchase agreements
entered into by the coroner's office be approved or ratified by the governing authority.
Proposed law requires all revenues collected by the governing authority pursuant to proposed
law to be deposited into a special account and expended solely for the purposes set forth in
the tax proposition approved by the voters, less and except the following fees: the parish's
administrative fees; the parish's costs associated with administration of the ad valorem tax
levied; the parish's costs associated with oversight of the coroner's office; and the amounts
necessary to service bonds or other obligation secured by the ad valorem tax.
Proposed law provides for satisfaction of the parish's obligations to fund the coroner's office
as provided for in present law and prevents the parish from being obligated to pay any other
fee or cost.
Proposed law requires the governing authority to establish an annual salary in lieu of all fees
and services for the coroner and all employees associated with the operation of the coroner's
office to be funded from the revenues collected from the ad valorem tax and paid by the
governing authority.
Proposed law prohibits the coroner from owning or acquiring any immovable property and
requires all previously owned immovable property owned by the parish that was transferred
to the coroner's office to be transferred back to the parish free and clear of all mortgages,
liens, or other incumbrance within six months.
Proposed law requires, within six months, for the governing authority and the coroner to
enter into a restated cooperative endeavor agreement, including but not limited to the
following provisions: HLS 13RS-419	ENGROSSED
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are additions.
(1)Requiring use of all tax revenues in strict conformity with the tax proposition
approved by the voters.
(2)Requiring compliance with public bid and procurement laws. 
(3)Annual forensic audits as required at the sole discretion of the governing authority
of the parish in addition to any other audits required by law for review by the parish.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 13:5725; Repeals R.S.13:5724)