Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB544 Engrossed / Bill

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Regular Session, 2014
SENATE BILL NO. 544
BY SENATOR HEITMEIER 
COURTS. Provides relative to the Second City Court of the city of New Orleans. (8/1/14)
AN ACT1
To amend and reenact R.S. 13:2151.4(D) and (E) and R.S. 40.39.1(A)(1), (B)(1), (C), and2
(D), and to enact R.S. 13:2151.4(F), relative to the Second City Court of the city of3
New Orleans; to provide for the jurisdiction of the office of clerk; to authorize the4
clerk to issue certain vital records; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 13:2151.4(D) and (E) are hereby amended and reenacted and R.S.7
13:2151.4(F) is hereby enacted to read as follows:8
§2151.4.  Second city court City Court; judge; clerk; constable; jurisdiction9
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D. The civil jurisdiction is concurrent with the district court in cases where11
the amount in dispute, as defined in Code of Civil Procedure Article 4841(B), or the12
value of the property involved, does not exceed twenty -five thousand dollars.13
E. The second city court Second City Court shall have jurisdiction over14
appeals by any person aggrieved by a decision of the traffic court concerning a traffic15
violation enforced by the city of New Orleans' automated traffic enforcement system.16
Appeals from the traffic court shall be on the law and shall be tried upon the records17 SB NO. 544
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made and the evidence offered in court by the judge to whom the appeal shall be1
allotted. Any aggrieved person shall file such appeal within thirty days of such2
decision. The second city court Second City Court shall adopt rules regulating the3
manner of taking, hearing, and deciding such appeals.4
F. The office of the clerk of the Second City Court may issue certain vital5
records as provided for in R.S. 40:39.1.6
Section 2. R.S. 40:39.1(A)(1), (B)(1), (C), and (D) are hereby amended and7
reenacted to read as follows:8
§39.1.  Certified copies of birth certificates and death certificates; clerks of district9
courts and the Second City Court of the city of New Orleans; Vital10
Records Conversion Fund11
A. The state registrar of vital records shall promulgate rules to implement the12
issuance of certified copies of birth certificates and death certificates through the13
office of the clerk of district court in each parish and the office of clerk of the14
Second City Court of the city of New Orleans. Such rules shall apply only to15
issuance of those birth and death records that are available for electronic issuance16
from the Vital Records Registry birth and death databases and shall include access17
to the following items:18
(1) Automated access, retrieval, and production of short-form birth19
certificates, long-form birth certificates, and death certificates by the clerks of district20
courts and the clerk of the Second City Court of the city of New Orleans using21
the data network available to the secretary of state.22
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B.(1) The clerk of district court in each parish and the clerk of the Second24
City Court of the city of New Orleans may issue certified copies of short-form25
birth certificate cards and long-form birth certificates and death certificates in26
accordance with rules promulgated pursuant to Subsection A of this Section. In27
addition to fees collected for issuance of a birth record or death certificate as28
provided in R.S. 40:40, the clerk of court shall collect a fee of five dollars for a short-29 SB NO. 544
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form birth certificate and nine dollars for a long-form birth certificate or a death1
certificate.2
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C. The clerks of district courts, the clerk of the Second City of the city of4
New Orleans, and the secretary of state shall be subject to provisions of this Chapter5
governing confidentiality of vital records information in the same manner provided6
for the state registrar and provisions governing to whom a certified copy of a birth7
certificate or death certificate may be issued. Any birth certificate or death certificate8
issued by the clerk of a district court and the clerk of the Second City Court of the9
city of New Orleans shall be accepted as an original record.10
D. The state registrar shall promulgate the rules necessary for the11
implementation of the provisions of this Section on or before January 1, 2000 2015.12
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
Heitmeier (SB 544)
Present law provides that the Second City Court of the city of New Orleans has civil
jurisdiction in cases where the amount does not exceed $20,000.
Proposed law provides such jurisdiction in cases that do not exceed $25,000.
Present law authorizes district court clerks to issue and collect fees for certain vital records.
Proposed law retains present law and authorizes the clerk for the Second City Court of the
city of New Orleans to issue and collect fees for certain vital records.
Proposed law requires the state registrar promulgate rules necessary for the implementation
of the provisions of proposed law no later than Jan. 1, 2015.
Effective August 1, 2014.
(Amends R.S. 13:2151.4(D) and (E) and R.S. 40:39.1(A)(1), (B)(1), (C), and (D); adds R.S.
13:2151.4(F))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Changed $35,000 to $25,000.