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ACT No. 836
Regular Session, 2014
HOUSE BILL NO. 1048
BY REPRESENTATIVES PONTI AND ORTEGO
AN ACT1
To amend and reenact R.S. 40:5, 1722(B)(2), 1723(B), 1730.22(A) and (C), 1730.26,2
1730.28(A)(introductory paragraph), (1), (3)(a), and (5), and3
1730.29(A)(introductory paragraph), to enact R.S. 40:4(C), (D), and (E), 1730.22.1,4
1730.23(I), 1730.28(D), 1730.28.1, 1730.28.2, 1730.28.3, 1730.40.1, and 1730.40.2,5
to repeal R.S. 40:4(A)(7), 1722(D), 1730.22.1, 1730.28(A)(3)(h), and Part XIV6
(Plumbing) of Title 51, comprised of LAC 51:XIV.101 through 1813, relative to the7
regulation of plumbing; to require the Louisiana State Uniform Construction Code8
Council to adopt certain provisions relative to plumbing; to provide for membership9
of the Louisiana State Uniform Construction Code Council; to create the Plumbing10
Transition Commission; to terminate the Plumbing Transition Commission; to11
provide relative to the duties of the state health officer and the Department of Health12
and Hospitals; to provide relative to the authority of local building officials; to13
provide relative to certain plumbing codes in instances of court orders or consent14
decrees; to provide for certain terms, conditions, procedures, prohibitions,15
requirements, and applicability of provisions relating to plumbing; to provide for16
effective dates; and to provide for related matters.17
Be it enacted by the Legislature of Louisiana:18
Section 1. R.S. 40:1730.22(A) and 1730.26 are hereby amended and reenacted and19
R.S. 40:1730.28.1, 1730.28.2, 1730.28.3, 1730.40.1, and 1730.40.2 are hereby enacted to20
read as follows:21 ENROLLEDHB NO. 1048
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§1730.22. Louisiana State Uniform Construction Code Council; membership;1
function of council; meeting requirements; immunity2
A. The Louisiana State Uniform Construction Code Council, hereinafter in3
this Part referred to as the "council", is hereby created and shall consist of nineteen4
twenty members, one of whom shall be the state health officer, or his designee. Each5
With the exception of the state health officer, or his designee, who shall serve by6
virtue of his position, each member of the council shall be appointed by the7
governor, subject to Senate confirmation, and shall serve at the pleasure of the8
governor. With the exception of the state health officer, or his designee, each Each9
term for a member of the council shall be four years where a member shall serve no10
more than two consecutive terms. Each member of the council shall serve without11
compensation but shall be reimbursed for actual expenses and mileage incurred12
while attending council meetings in accordance with state travel regulations13
promulgated by the division of administration. Reimbursement shall be limited to14
mileage and expenses for the attendance of twelve meetings per calendar year.15
* * *16
§1730.26. Adoption and promulgation of certain building codes and standards as17
state uniform construction code State Uniform Construction Code;18
procedures19
The council shall review, adopt, modify, and promulgate the building codes20
referenced in R.S. 40:1730.28 and 1730.28.1 of this Part, provided that:21
(1) The council shall promulgate rules and regulations to modify portions of22
the state uniform construction code State Uniform Construction Code referenced in23
R.S. 40:1730.28 of this Part under pursuant to the provisions of the Administrative24
Procedure Act, R.S. 49:950 et seq. Such rules and regulations may include, but not25
be limited to use of certain mapping systems regarding soil testing. 26
(2)(a) The council shall promulgate rules and regulations to adopt portions27
of the State Uniform Construction Code referenced in R.S. 40:1730.28.1 pursuant28
to the procedures established by the Administrative Procedure Act, R.S. 49:950 et29
seq. Notwithstanding the provisions of R.S. 49:968(B)(12), the Senate Committee30 ENROLLEDHB NO. 1048
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on Commerce, Consumer Protection, and International Affairs, Senate Committee1
on Health and Welfare, the House Committee on Commerce, and the House2
Committee on Health and Welfare, shall have oversight of the initial adoption of the3
portions of the State Uniform Construction Code referenced in R.S. 48:1730.28.1.4
(b) The Senate and House committees on commerce Senate Committee on5
Commerce, Consumer Protection, and International Affairs and the House6
Committee on Commerce shall receive notice of intent to modify portions of the7
state uniform construction code State Uniform Construction Code and shall have8
oversight of any such modifications under pursuant to the provisions of the9
Administrative Procedure Act.10
(2)(3) The council shall review, evaluate, and update the state uniform11
construction code State Uniform Construction Code no later than five years from the12
date of publication of the appropriate code as provided for in R.S. 40:1730.28. The13
council shall submit the updated state uniform construction code State Uniform14
Construction Code to the House Committee on Commerce and the Senate Committee15
on Commerce, Consumer Protection, and International Affairs for oversight and16
approval. Additionally, the council shall provide the members of each house of the17
legislature a summary of the major proposed changes to the International Residential18
Code at the time of submission to the oversight committees.19
(4) The council shall, pursuant to the Administrative Procedure Act, adopt20
or modify, or both, provisions of the State Uniform Construction Code to satisfy the21
requirements of any consent decree or order relative to maintaining or building a22
public sewage system which is entered in a federal court of competent jurisdiction.23
Such provisions shall specify in which municipalities or parishes the rules and24
regulations adopted pursuant to this Paragraph shall apply.25
* * *26 ENROLLEDHB NO. 1048
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§1730.28.1. Mandatory adoption of plumbing provisions of certain nationally1
recognized codes and standards; amendments; effective date2
A. Notwithstanding R.S. 40:1730.28, the council shall evaluate, adopt, and3
amend the latest editions of the following as part of the State Uniform Construction4
Code:5
(1) The International Building Code, Chapter 29-Plumbing Systems.6
(2) The International Residential Code, Part VII-Plumbing.7
(3) The International Plumbing Code.8
B. The codes listed in Subsection A of this Section as adopted by the council9
shall become effective January 1, 2016.10
C.(1)(a) The Plumbing Transition Commission, provided for in R.S.11
40:1730.22.1, hereinafter in this Section referred to as the "commission", may12
provide the council with amendments to include in the plumbing provisions adopted13
pursuant to this Section.14
(i) The council shall include amendments in the plumbing provisions15
adopted pursuant to this Section that are provided by the commission pursuant to16
R.S. 40:1730.22.1(B)(2)(a).17
(ii) The council shall vote, in accordance with the voting requirements in18
R.S. 40:1730.28(B), on whether or not to include amendments which are provided19
pursuant to R.S. 40:1730.22.1(B)(2)(b) in the plumbing provisions adopted pursuant20
to this Section.21
(b) The council shall be in receipt of all amendments from the commission22
to be included in the plumbing provisions to be adopted pursuant to this Section by23
June 15, 2015. The commission shall not provide any further amendments to the24
council for the plumbing provisions adopted pursuant to this Section after June 15,25
2015.26
D. Nothing in this Section nor any provisions adopted pursuant to this27
Section shall lessen the licensing qualifications and requirements provided in R.S.28
37:1361 et seq.29 ENROLLEDHB NO. 1048
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§1730.28.2. State Uniform Construction Code; requirements and prohibitions1
A. The State Uniform Construction Code shall:2
(1) Require methods of back flow prevention to prevent contaminated water3
from flowing back into the public water system.4
(2) Prohibit plumbing vent systems using air admittance valves.5
(3) Require that a trap seal primer valve be installed where a trap seal is6
subject to loss by evaporation.7
B. The council shall adopt rules and regulations in accordance with R.S.8
40:1730.26(2)(a) to implement the provisions of this Section. Any modifications to9
the rules and regulations adopted pursuant to this Section shall be adopted in10
accordance with the provisions of R.S. 40:1730.26(2)(b).11
§1730.28.3. Authority of the Department of Health and Hospitals12
A. Nothing in this Part or any provision adopted pursuant to this Part shall13
prohibit the Department of Health and Hospitals from the following:14
(1) Regulating stored water temperatures through enforcement of the15
Sanitary Code.16
(2) Regulating medical gas and medical vacuum systems.17
* * *18
§1730.40.1. Plumbing provisions of or adopted pursuant to this Part; court orders19
or consent decrees20
Any order or consent decree relative to maintaining or building a public21
sewage system which is entered in a federal court of competent jurisdiction shall22
supercede the plumbing provisions of this Part or plumbing provisions adopted23
pursuant to this Part.24
§1730.40.2. Plumbing provisions; manufactured housing25
Notwithstanding any provision to the contrary, all manufactured homes that26
are built to federal construction standards shall only be subject to the plumbing27
provisions in federal law. Manufactured homes shall not be subject to state plumbing28
regulations, regardless if the manufactured home is connected to a public or private29 ENROLLEDHB NO. 1048
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sewer system; however, such connection shall be completed and maintained by a1
Louisiana licensed plumber.2
Section 2. R.S. 40:1730.22.1 is hereby enacted to read as follows:3
§1730.22.1. Plumbing Transition Commission; members; purpose; procedure;4
termination5
A.(1) The Plumbing Transition Commission, hereinafter in this Section6
referred to as the "commission", is hereby created and shall be composed of the7
following members:8
(a) A designee of the Mechanical Contractors Association of Louisiana, Inc.9
(b) A designee of the Louisiana State Plumbing Board.10
(c) A designee of Louisiana Associated General Contractors, Inc.11
(d) A designee of the Louisiana Home Builders Association.12
(e) A designee of the Louisiana AFL-CIO.13
(f) A designee of the Building Officials of Louisiana, Inc.14
(g) A designee of the AIA Louisiana, the Louisiana Architects Association.15
(h) A designee of the Department of Health and Hospitals.16
(2)(a) Each of the entities named in Subparagraphs(1)(a) through (h) of this17
Subsection shall submit the name of the entity's designee to the chairman of the18
council on or before September 1, 2014.19
(b) The members of the commission shall not be subject to Senate20
confirmation.21
(c) The term of each member shall end on January 1, 2016.22
(d) A vacancy shall be filled in the same manner as the original appointment.23
B.(1) The primary function of the commission shall be to provide24
amendments to the codes delineated in R.S. 40:1730.28.1(A)(1) through (3) to the25
council in order to address plumbing issues that the Louisiana State Plumbing Code26
[Part XIV (Plumbing) of the State Sanitary Code] addresses, but for which the codes27
delineated in R.S. 40:1730.28.1(A)(1) through (3) do not address.28
(2) A vote on proposed amendments shall only take place when a quorum29
of the commission members are present. Six members shall constitute a quorum.30 ENROLLEDHB NO. 1048
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(a) The commission shall provide amendments to the council that have been1
approved by a majority vote of the total members of the commission present and2
voting and those amendments shall be included in the plumbing provisions adopted3
by the council pursuant to R.S. 40:1728.1.4
(b) Should a vote on an amendment result in a tie, the amendment shall be5
provided to the council which shall then vote on whether or not to include the6
amendment in the plumbing provisions adopted pursuant to R.S. 40:1728.1.7
(3) The council shall be in receipt of all amendments by June 15, 2015. The8
commission shall not provide any further amendments to the council after June 15,9
2015.10
C.(1) The first meeting of the commission shall be called by the chairman11
of the council and held no later than October 1, 2014. At this meeting, the12
commission shall elect from its members a chairman and vice chairman.13
(2) A meeting of the commission may be called by the chairman of the14
commission on his own initiative and shall be called by him at the request of three15
or more members of the commission within fourteen days of such request.16
(3) Each member of the commission shall be notified by the chairman of the17
commission in writing of the time and place of the meeting at least seven days before18
the meeting.19
(4) Each meeting of the commission shall be open to the public and any20
official decision of the commission shall be made only by a vote of a majority of the21
commission members.22
D. The commission provided for in this Section shall cease to exist and have23
no authority as of January 1, 2016.24
Section 3. R.S. 40:5, 1722(B)(2), 1723(B), 1730.22(C), 1730.28(A)(introductory25
paragraph), (1), (3)(a), and (5), and 1730.29(A)(introductory paragraph) are hereby26
amended and reenacted and R.S. 40:4(C), (D), and (E), 1730.23(I), and 1730.28(D) are27
hereby enacted to read as follows:28
§4. Sanitary Code29
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C. In all cases of conflict between rules and regulations promulgated1
pursuant to this Section and the International Plumbing Code, International Building2
Code, Chapter 29-Plumbing Systems, or the International Residential Code, Part3
VII-Plumbing, as adopted and promulgated by the Louisiana State Uniform4
Construction Code Council, the provisions of the International Plumbing Code,5
International Building Code, Chapter 29-Plumbing Systems, or the International6
Residential Code, Part VII-Plumbing shall be used.7
D. Nothing in this Section shall permit the state health officer acting through8
the office of public health of the Department of Health and Hospitals to establish9
rules, regulations, policies, or interpretations that supercede or circumvent, or seek10
to supercede or circumvent the International Plumbing Code, the International11
Building Code, Chapter 29-Plumbing Systems, or the International Residential Code,12
Part VII-Plumbing, as adopted and promulgated by the Louisiana State Uniform13
Construction Code Council. The building official for the parish, municipality, or14
regional planning commission, as authorized in R.S. 40:1730.24 and appointed15
pursuant to R.S. 40:1730.25, or a qualified building code enforcement officer16
designated by the building official, shall have the authority to enforce the plumbing17
provisions adopted pursuant to Part IV-A, State Uniform Construction Code, Chapter18
8 of this Title.19
E. The Louisiana State Plumbing Code [Part XIV (Plumbing) of the State20
Sanitary Code] as amended by the state health officer acting through the office of21
public health of the Department of Health and Hospitals shall be null, void, and22
unenforceable on and after January 1, 2016.23
* * *24
§5. General powers and jurisdiction25
A. The state health officer and the office of public health of the Department26
of Health and Hospitals shall have exclusive jurisdiction, control, and authority:27
(1) To isolate or quarantine for the care and control of communicable disease28
within the state.29 ENROLLEDHB NO. 1048
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(2) To take such action as is necessary to accomplish the subsidence and1
suppression of diseases of all kinds in order to prevent their spread.2
(3) To enforce a sanitary code for the entire state containing provisions for3
the improvement and amelioration of the hygienic and sanitary conditions of the4
state.5
(4) To enact provisions regulating the standards of health and decency and6
building regulations of all prisons, jails, lock-ups, and camps where prisoners are7
detained or confined.8
(5) To supervise, inspect, and issue sanitation permits for water supplies,9
slaughterhouses, cold storage plants, all places of public accommodation, and the10
handling and control of hygienic conditions with respect to all food.11
(6) To take such action as may be authorized by the administrator of the12
Environmental Protection Agency under the federal Safe Drinking Water Act of13
1974, as amended.14
(7) To make all sanitary inspections and provide for the issuance of health15
permits.16
(8) Over the enforcement of controls and issuance of permits for the17
distribution and handling of dangerous drugs.18
(9) Over the treatment and disposal of municipal or domestic sewage.19
(10) Over the reporting of communicable diseases.20
(11) Over the gathering, keeping, reporting, and tabulating of vital and21
mortuary records and statistics for all parishes of the state.22
(12) Over the providing of facilities for vaccination.23
(13) To assist in the supervision and operation of parish and municipal health24
units and departments.25
(14) Over the regulation of the carriage and transportation of persons,26
freight, and dead bodies brought into the state or transported through or in the state27
as they may affect public health.28
(15) Over the sanitary inspection of meat, milk, and other products which29
may affect public health and safety.30 ENROLLEDHB NO. 1048
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(16) Over the sanitary conditions required at any public gathering or1
meeting.2
(17) Over the adoption of rules and regulations regarding public health,3
sanitary, and hygienic subjects, including those for standards governing noxious4
odors.5
(18) To promulgate rules and regulations in accordance with the6
Administrative Procedure Act to establish a fee schedule, based on ability to pay or7
eligibility for third party reimbursement, for services provided by the handicapped8
children's services program and maternal and child health programs in the office of9
public health.10
(19) To conduct health inspections and issue health permits through state11
employed licensed sanitarians, or by licensed sanitarians of parish health units or12
departments.13
(20) Over those functions of the state provided by law relating to14
environmental quality and pollution control which are related to the public health and15
which are specifically assigned to the department by statute.16
(21)(a) To conduct health, safety, and sanitation inspections, through state17
employed licensed sanitarians, of any place upon receipt of a complaint that the18
department determines shows appropriate and sufficient grounds to indicate a health19
hazard or sanitary code violation may exist, regardless of whether such place is20
licensed or not, or otherwise regulated.21
(b) In order to comply with the provisions of Subparagraph (a) of this22
Paragraph, a licensed sanitarian may, if necessary, seek and obtain an appropriate23
order or warrant from the state district court for the judicial district in which the24
place to be inspected is located to enter, examine, and inspect such place for a health25
hazard or sanitary code violation.26
B. Nothing in this Section shall grant or be interpreted as to grant the state27
health officer or the office of public health of the Department of Health and28
Hospitals the authority to supercede the authority of municipalities or parishes to29
enforce the State Uniform Construction Code provided for in Part IV-A of Chapter30 ENROLLEDHB NO. 1048
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8 of this Title. The building official for the parish, municipality, or regional planning1
commission, as authorized in R.S. 40:1730.24 and appointed pursuant to R.S.2
40:1730.25, or a qualified building code enforcement officer designated by the3
building official, shall have the authority to enforce the plumbing provisions adopted4
pursuant to Part IV-A of Chapter 8 of this Title.5
* * *6
§1722. Louisiana Building Code7
* * *8
B. The Louisiana Building Code shall consist of the following designated9
and described codes and standards:10
* * *11
(2) Part XIV (Plumbing) of the State Sanitary Code as promulgated by the12
secretary of the Department of Health and Hospitals. The International Plumbing13
Code, the International Building Code, Chapter 29-Plumbing Systems, and the14
International Residential Code, Part VII-Plumbing.15
* * *16
§1723. Administration; exception17
* * *18
B. However, nothing contained herein shall affect the state fire marshal and19
his jurisdiction on matters of life safety and related areas as provided by Part III of20
Chapter 7 of this Title, and the secretary of the Department of Health and Hospitals21
shall administer the provisions of Part XIV(Plumbing) of the State Sanitary Code.22
* * *23
§1730.22. Louisiana State Uniform Construction Code Council; membership;24
function of council; meeting requirements; immunity25
* * *26
C. The primary function of the council is to review and adopt the state27
uniform construction code State Uniform Construction Code, provide for training28
and education of code officials, and accept all requests for amendments of the code,29
except the Louisiana State Plumbing Code [Part XIV (Plumbing) of the State30 ENROLLEDHB NO. 1048
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Sanitary Code]. Specifically, the council shall establish the requirements and1
process for the certification and continuing education of code enforcement officers,2
code enforcement inspectors, and building officials and determine if any3
amendments to the state uniform construction code are justified. If the council4
determines that an amendment is justified, it may enact such an amendment after a5
finding on the record that the modification provides a reasonable degree of public6
health, safety, affordability, and welfare. The council shall adopt rules in accordance7
with the Administrative Procedure Act in order to implement the provisions of this8
Part.9
* * *10
§1730.23. Enforcement of building codes by municipalities and parishes11
* * *12
I. The building official for the parish, municipality, or regional planning13
commission, as authorized in R.S. 40:1730.24 and appointed pursuant to R.S.14
40:1730.25, or a qualified building code enforcement officer designated by the15
building official, shall have the authority to enforce the plumbing provisions adopted16
pursuant to this Part.17
* * *18
§1730.28. Mandatory adoption of certain nationally recognized codes and standards19
as the state uniform construction code; adoption by reference20
A. Except as provided in Subsection C of this Section, the council shall21
evaluate, adopt, and amend only the latest editions of the following as the state22
uniform construction code State Uniform Construction Code:23
(1) International Building Code, not including Parts I-Administrative,24
Chapter 11-Accessibility, and Chapter 27-Electrical and Chapter 29-Plumbing25
Systems. The applicable standards referenced in that code are included for26
regulation of construction within this state. The appendices of that code may be27
adopted as needed, but the specific appendix or appendices shall be referenced by28
name or letter designation at the time of adoption.29
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(3)(a) International Residential Code, not including Parts I-Administrative,1
Part I-Administration VII-Plumbing, and VIII-Electrical. The applicable standards2
referenced in that code are included for regulation of construction within this state.3
The enforcement of such standards shall be mandatory only with respect to new4
construction, reconstruction, additions to homes previously built to the International5
Residential Code, and extensive alterations; however, a municipality, parish, or6
regional planning commission may enforce Appendix J of the code at its option. The7
appendices of that code may be adopted as needed, but the specific appendix or8
appendices must shall be referenced by name or letter designation at the time of9
adoption, with the exception of Appendix J, Existing Buildings and Structures, which10
shall not be adopted by the council and may be adopted and enforced only at the11
option of a parish, municipality, or regional planning commission. For the purposes12
of this Part, IRC R301.2.1.1 (Design Criteria) shall be amended as follows and shall13
apply only to the International Residential Code, 2003 edition:14
* * *15
(5) The Louisiana State Plumbing Code [Part XIV (Plumbing) of the state16
Sanitary Code] as amended by the state health officer acting through the office of17
public health of the Department of Health and Hospitals. Nothing in this Part shall18
be construed so as to prevent the state health officer from enforcing Part XIV19
(Plumbing) of the state Sanitary Code the enforcement of which is his statutory and20
regulatory responsibility. The International Plumbing Code. The appendices of that21
code may be adopted as needed, but the specific appendix or appendices shall be22
referenced by name or letter designation at the time of adoption.23
* * *24
D.(1) The state health officer may provide the council with recommended25
amendments to the plumbing provisions adopted pursuant to this Section. All26
recommended amendments provided to the council by the state health officer shall27
be presented to the council for review. The council shall review recommended28
amendments and vote on whether or not to include such amendments as part of the29 ENROLLEDHB NO. 1048
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State Uniform Construction Code at the next regularly scheduled meeting of the1
council, but no sooner than thirty days after receipt.2
(2) Nothing in this Section nor any provisions adopted pursuant to this3
Section shall lessen the licensing qualifications and requirements provided in R.S.4
37:1361 et seq.5
§1730.29. Regulation of construction or improvement of industrial facilities6
A. Excluding the applicable requirements of the Louisiana State Plumbing7
Code the International Plumbing Code, the provisions of this Part shall not apply to8
the construction or improvement inside the secured or fenced confines of the9
following types of industrial facilities that are engaged in activities defined or10
classified under one or more of the following subsectors, industry groups, or11
industries of the 2012 North American Industry Classification System (NAICS):12
* * *13
Section 4. R.S. 40:4(A)(7), 1722(D), and 1730.28(A)(3)(h) are hereby repealed in14
their entirety.15
Section 5. R.S. 40:1730.22.1 is hereby repealed in its entirety.16
Section 6. Part XIV (Plumbing) of Title 51, comprised of LAC 51:XIV.101 through17
1813, as amended by the state health officer acting through the office of public health of the18
Department of Health and Hospitals, is hereby repealed in its entirety. A copy of this Act19
shall be transmitted to the Office of the State Register, the secretary of the Department of20
Health and Hospitals, the state health officer, and the administrator of the Louisiana Uniform21
Construction Code Council. The Office of the State Register is directed to have the repeal22
of this Part printed and incorporated into the Louisiana Administrative Code following the23
effective date of the repeal.24
Section 7. Sections 3, 4, 5, and 6 of this Act shall become effective on January 1,25
2016.26
Section 8. This Section and Sections 1, 2, and 7 of this Act shall become effective27
upon signature by the governor or, if not signed by the governor, upon expiration of the time28
for bills to become law without signature by the governor, as provided by Article III, Section29 ENROLLEDHB NO. 1048
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18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved1
by the legislature, this Act shall become effective on the day following such approval.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: