Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB228 Engrossed / Bill

                    SLS 14RS-582	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, 2014
SENATE BILL NO. 228
BY SENATORS APPEL, MARTINY AND PETERSON AND REPRESENTATIVES
BILLIOT, LORUSSO, WILLMOTT AND LEOPOLD 
COURTS. Provides for environmental court procedures in Jefferson and Orleans parishes.
(gov sig)
AN ACT1
To amend and reenact R.S. 33:1373(G)(1) and (2), relative to enforcement of health, safety,2
and welfare ordinances in Jefferson and Orleans parishes; to provide relative to3
mailing or service of the notice of judgment; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 33:1373(G)(1) and (2) are hereby amended and reenacted to read as6
follows:7
ยง1373. Enforcement of health, safety, and welfare ordinances in Jefferson Parish8
and Orleans Parish9
*          *          *10
G.(1) An appeal from a final judgment rendered pursuant to this Section may11
be taken only within ten days from the date of the judgment or from the day after12
the clerk has mailed, or the sheriff has served, whichever is later, the service of13
notice of judgment when such notice is necessary. However, a judgment shall not be14
suspended during the pendency of an appeal unless the court, in its discretion, orders15
a suspension.16
(2) The delay for applying for a new trial shall be three days commencing17 SB NO. 228
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
from the date of the judgment or from the day after the clerk has mailed, or the1
sheriff has served, whichever is later, the service of notice of judgment when such2
notice is necessary. When an application for new trial is timely filed, the delay for3
appeal commences on the day after the motion is denied, or from service of the day4
after the clerk has mailed, or the sheriff has served, whichever is later, the5
notice of the order denying a new trial, when such notice is necessary.6
*          *          *7
Section 2. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
The original instrument was prepared by Cathy R. Wells. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jerry G. Jones.
DIGEST
Appel (SB 228)
Present law provides for the procedure to enforce health, safety, and welfare statutes and
ordinances or to eliminate blighted property, housing violations, and public nuisances in
Orleans and Jefferson parishes.
Present law provides procedures and time limitations for applying for new trial and appeals
from final judgments. Provides that a judgment shall not be suspended during the pendency
of appeal unless the court determines otherwise. 
Proposed law provides that the delay for a new trial commences after the judgment or after
the notice of judgment is either mailed by the clerk or served by the sheriff, whichever is
later, when such notice is required.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 33:1373(G)(1) and (2))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Adds "whichever is later".