SLS 14RS-694 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, 2014
SENATE BILL NO. 300
BY SENATOR MARTINY
FINANCIAL INSTITUTIONS. Provides relative to the inspector general. (8/1/14)
AN ACT1
To amend and reenact R.S. 49:220.24(F)(2), relative to the inspector general; to provide2
relative to the authority, duties, powers, standards, and functions of the inspector3
general; to provide for the production of public and private records; to provide4
relative to records of a federally insured depository institution; to provide for5
procedures, terms, and conditions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 49:220.24(F)(2) is hereby amended and reenacted to read as follows:8
ยง220.24. Authority; duties; powers; standards; functions9
* * *10
F. * * *11
(2) In the performance of his duties, the inspector general or any member of12
his staff designated by him may compel the attendance of witnesses to be deposed13
under oath or the production of public and private records by issuing a subpoena.14
However, such a subpoena or subpoena duces tecum shall be issued only upon15
approval of a judge of the district court of the parish in which the office of inspector16
general is domiciled upon application in writing by the inspector general. The judge17 SB NO. 300
SLS 14RS-694 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
shall issue a written decision within seventy-two hours after receipt of such1
application. Any subpoena for production of private records shall be in compliance2
with all applicable constitutionally established rights and processes. The subpoena3
may be served by certified mail, return receipt requested, at the addressee's residence4
or business address, or by representatives appointed by the inspector general, or may5
be directed for service to the office of the state police. If a person refuses to obey a6
subpoena issued by the inspector general, upon application by the inspector general,7
the district court of the parish in which the office of inspector general is domiciled8
may issue an order to the person requiring the person to appear before the court to9
show cause why an order shall not be issued ordering such person to obey the10
subpoena, and the person may be adjudged in contempt of court. Notwithstanding11
any provision of law to the contrary, any request for financial records in the12
possession of a federally insured depository institution shall comply with the13
requirements of R.S. 6:333.14
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Martiny (SB 300)
Present law provides for authorities, duties, powers, standards, and functions of the inspector
general.
Present law provides that the inspector general or any member of his staff designated by him
may compel the attendance of witnesses to be deposed under oath or the production of public
and private records by issuing a subpoena.
Present law provides for requirements for disclosure of financial records by a bank or its
affiliates.
Proposed law provides that notwithstanding any provision of law to the contrary, any request
by the inspector general for financial records in the possession of a federally insured
depository institution by subpoena or any other means shall comply with the requirements
of present law.
Effective August 1, 2014.
(Amends R.S. 49:220.24(F)(2))