SLS 13RS-37 ORIGINAL
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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, 2013
SENATE BILL NO. 62
BY SENATOR MURRAY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL PROCEDURE. Provides relative to small tutorship procedures. (gov sig)
AN ACT1
To amend and reenact Code of Civil Procedure Articles 4461 and 4464, and to enact Code2
of Civil Procedure Article 4463(C), relative to small tutorships; to provide certain3
definitions, procedures, requirements, terms, and conditions; to provide relative to4
certain costs; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Articles 4461 and 4464 are hereby amended and7
reenacted, and Code of Civil Procedure Article 4463(C) is hereby enacted to read as follows:8
Art. 4461. Small tutorship defined9
For the purposes of this Chapter, a small tutorship is the tutorship of a minor10
whose property in Louisiana has gross value of twenty fifty thousand dollars or less.11
* * *12
Art. 4463. Tutor without bond; undertutor13
* * *14
C. The court may dispense with the appointment of an undertutor in a15
proceeding under this Chapter.16
Art. 4464. Court costs17 SB NO. 62
SLS 13RS-37 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
In proceedings under this Chapter, court costs shall be one-half the court1
costs in similar proceedings in larger tutorships, provided that the minimum costs in2
any case shall be five one hundred dollars.3
Section 2. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Present law in Code of Civil Procedure provides relative to small tutorships.
Present law provides that a small tutorship is the tutorship of a minor whose property in
Louisiana has gross value of $20,000 or less. Proposed law changes $20,000 to $50,000.
Present law provides the court may dispense with the furnishing of security by a legal tutor
appointed in a proceeding under the present law. Further provides that if the court is
satisfied that no one will accept the dative tutorship of a minor in a proceeding under the
present law and furnish the usual security, if required, it shall appoint a dative tutor, who
shall comply with all requirements except that of furnishing security. Proposed law retains
present law and adds that the court may also dispense with the appointment of an undertutor.
Present law provides that court costs in proceedings under the present law shall be one-half
the court costs in similar proceedings in larger tutorships, provided that the minimum costs
in any case shall be $5. Proposed law changes $5 to $100.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.C.P. Arts. 4461 and 4464; adds C.C.P. Art. 4463(C))