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. 13:1952(15)(a) and 2151.4(D) and (E) and the introductory2
paragraph of R.S. 40.39.1(A) and 39.1(A)(1), (B)(1), (C), and (D), and to enact R.S.3
13:2151.4(F), and to repeal R.S. 13:1875(10)(c), relative to city courts; to provide4
for the jurisdiction of the office of clerk; to authorize the clerk to issue certain vital5
records; to provide relative to certain city court judges; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 13:1952(15)(a) and 2151.4(D) and (E) are hereby amended and9
reenacted and R.S. 13:2151.4(F) is hereby enacted to read as follows:10
§1952.  Courts created by special legislative Act11
The following city courts, heretofore created and established by special12
legislative Act, are hereby recognized and continued in existence and, except as13
otherwise provided in this Section, their territorial jurisdiction shall extend through14
the city and ward or wards wherein the city in which they are domiciled is located,15
as extended from time to time:16
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(15)(a)  The City Court of Monroe, domiciled in the city of Monroe, parish1
of Ouachita, having three city judges and a city marshal.  Such city court judges may2
not practice law. The court shall be divided into three divisions, which shall be3
designated as divisions "A", "B", and "C".4
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§2151.4.  Second city court City Court; judge; clerk; constable; jurisdiction6
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D. The civil jurisdiction is concurrent with the district court in cases where8
the amount in dispute, as defined in Code of Civil Procedure Article 4841(B), or the9
value of the property involved, does not exceed twenty -five thousand dollars.10
E. The second city court Second City Court shall have jurisdiction over11
appeals by any person aggrieved by a decision of the traffic court concerning a traffic12
violation enforced by the city of New Orleans' automated traffic enforcement system.13
Appeals from the traffic court shall be on the law and shall be tried upon the records14
made and the evidence offered in court by the judge to whom the appeal shall be15
allotted. Any aggrieved person shall file such appeal within thirty days of such16
decision. The second city court Second City Court shall adopt rules regulating the17
manner of taking, hearing, and deciding such appeals.18
F. The office of the clerk of the Second City Court may issue certain vital19
records as provided for in R.S. 40:39.1.20
Section 2. The introductory paragraph of R.S. 40.39.1(A) and 39.1(A)(1), (B)(1),21
(C), and (D) are hereby amended and reenacted to read as follows:22
§39.1.  Certified copies of birth certificates and death certificates; clerks of district23
courts and the Second City Court of the city of New Orleans; Vital24
Records Conversion Fund25
A. The state registrar of vital records shall promulgate rules to implement the26
issuance of certified copies of birth certificates and death certificates through the27
office of the clerk of district court in each parish and the office of clerk of the28
Second City Court of the city of New Orleans. Such rules shall apply only to29 SB NO. 544
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issuance of those birth and death records that are available for electronic issuance1
from the Vital Records Registry birth and death databases and shall include access2
to the following items:3
(1) Automated access, retrieval, and production of short-form birth4
certificates, long-form birth certificates, and death certificates by the clerks of district5
courts and the clerk of the Second City Court of the city of New Orleans using6
the data network available to the secretary of state.7
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B.(1) The clerk of district court in each parish and the clerk of the Second9
City Court of the city of New Orleans may issue certified copies of short-form10
birth certificate cards and long-form birth certificates and death certificates in11
accordance with rules promulgated pursuant to Subsection A of this Section. In12
addition to fees collected for issuance of a birth record or death certificate as13
provided in R.S. 40:40, the clerk of court shall collect a fee of five dollars for a short-14
form birth certificate and nine dollars for a long-form birth certificate or a death15
certificate.16
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C. The clerks of district courts, the clerk of the Second City Court of the18
city of New Orleans, and the secretary of state shall be subject to provisions of this19
Chapter governing confidentiality of vital records information in the same manner20
provided for the state registrar and provisions governing to whom a certified copy21
of a birth certificate or death certificate may be issued. Any birth certificate or death22
certificate issued by the clerk of a district court and the clerk of the Second City23
Court of the city of New Orleans shall be accepted as an original record.24
D. The state registrar shall promulgate the rules necessary for the25
implementation of the provisions of this Section on or before January 1, 2000 2015.26
Section 3.  R.S. 13:1875(10)(c) is hereby repealed in its entirety.27 SB NO. 544
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument was prepared by Jerry G. Jones. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Thomas L. Tyler.
DIGEST
Heitmeier (SB 544)
Proposed law repeals the prohibition against judges of the City Court of Monroe from
engaging in the practice of law.
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. 13:1952(15)(a) and 2151.4(D) and (E) and R.S. 40:39.1(A)(intro para),
39.1(A)(1), (B)(1), (C), and (D); adds R.S. 13:2151.4(F); repeals R.S. 13:1875(10)(c))
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.
Senate Floor Amendments to engrossed bill
1. Repeals the prohibition against judges of the City Court of Monroe from
engaging in the practice of law.