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Regular Session, 2014
SENATE BILL NO. 653
BY SENATOR JOHNS
COURTS. Provides with respect to the Court of Appeal for the Third Circuit, (gov sig)
AN ACT1
To enact Part V of Chapter 3 of Title 13 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 13:393.1 through 393.6, relative to facilities operated by the Court3
of Appeal for the Third Circuit; to provide for creation of the Third Circuit Court of4
Appeal Building Commission; to provide relative to financial assistance to the Court5
of Appeal for the Third Circuit relative to costs of acquisition, construction,6
reconstruction, renovation, improvement, furnishing, equipping, operating and7
maintenance of its facilities; to provide for the forms of such financial assistance;8
and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. Part V of Chapter 3 of Title 13 of the Louisiana Revised Statutes of 1950,11
comprised of R.S. 13:393.1 through 393.6 is hereby enacted to read as follows:12
PART V: THIRD CIRCUIT COURT OF APPEAL BUILDING COMMISSION13
§393.1. Legislative findings14
A. The legislature finds and declares that:15
(1) Facilities operated by and on behalf of the Court of Appeal for the16
Third Circuit are outdated, under-maintained and in need of improvement in17 SB NO. 653
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order to bring such facilities in line with the needs of the Court of Appeal for1
the Third Circuit with current and future technological advances. It is an2
important public purpose of the state that the facilities from which the Court3
of Appeal for the Third Circuit operates be maintained and periodically4
updated in order to protect the investment of the state in those facilities and to5
take advantage of technological improvements.6
(2) There is currently a significant need for funding for acquisition,7
construction, reconstruction, renovation, improvement, furnishing, equipping,8
operation and maintenance of facilities from which the Court of Appeal for the9
Third Circuit operates.10
(3) There are currently insufficient state resources to address all of the11
needs relating to such facilities and addressing these needs with minimal effect12
on the state budget is a priority.13
B. To assist in financing the acquisition, construction, reconstruction,14
renovation, improvement, furnishing, equipping, operation and maintenance of15
facilities from which the Court of Appeal for the Third Circuit operates, the16
Third Circuit Court of Appeal Building Commission is established pursuant to17
this Part to facilitate an effort to provide funding for the facilities needs of the18
Court of Appeal for the Third Circuit.19
§393.2. Definitions20
As used in this Part, the following terms shall have the meanings21
ascribed to them in this Section, unless the context clearly indicates otherwise:22
(1) "Commission" means the Third Circuit Court of Appeal Building23
Commission created pursuant to this Part.24
(2) "Facilities fund" means the Third Circuit Court of Appeal Facilities25
Fund established pursuant to this Part.26
(3) "Lower court" shall mean each district court, municipal court or any27
other court subject to the appellate or supervisory jurisdiction of the Court of28
Appeal for the Third Circuit.29 SB NO. 653
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(4) "Project obligations" means any obligation, lease payment, loan1
payment, principal, interest, premium, or other payments required under other2
financing agreements in connection with the issuance of bonds or other evidence3
of indebtedness issued for the purpose of funding qualified projects.4
(5) "Qualified projects" means the acquisition, construction,5
reconstruction, renovation, improvement, furnishing, equipping, operation and6
maintenance of courthouse facilities, offices, parking and other ancillary7
facilities for the Court of Appeal for the Third Circuit designated as a qualified8
project by the commission.9
(6) "Support fee" means the Third Circuit Court of Appeal Facility10
Support Fee established pursuant to this Part.11
§393.3. Creation of the Third Circuit Court of Appeal Building Commission12
A. Solely for the purposes of this Part, there is hereby created the Third13
Circuit Court of Appeal Building Commission for purposes of the construction14
and funding of qualified projects, which shall be deemed to be a public15
commission. The judges, en banc, of the Court of Appeal for the Third Circuit16
shall serve as the board of commissioners of the commission.17
B. The commission shall be a public corporation with power to contract,18
administer the proceeds of the costs and charges authorized in this Part, own,19
lease, sublease, and otherwise provide for the construction, equipping,20
maintenance, and operation of qualified projects and to pledge and dedicate the21
support fee and monies in the facilities fund as provided in this Part.22
C. The commission shall elect a chairman, vice chairman and such other23
officers as are deemed necessary by the commission.24
§393.4. Authority of the state to enter into leases with the commission25
The state, acting through the Division of Administration, shall be26
authorized to lease land and existing facilities of the Court of Appeal for the27
Third Circuit to the commission for the purpose of completing qualified28
projects as described in this Part.29 SB NO. 653
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§393.5. Identification of qualified projects; issuance of bonds1
A. The commission shall, from time to time, identify projects that2
constitute qualified projects.3
B. Once a list of qualified projects has been established by the4
commission, the commission and any issuer shall have the authority to use the5
provisions of R.S. 17:3361, et seq., relative to projects for higher education6
boards to complete the financing and construction of such qualified projects,7
provided that any provision therein that can only reasonably be applied8
to higher education projects shall not apply. No bonds shall be issued pursuant9
to this Part until the approval of the State Bond Commission shall have been10
obtained.11
§393.6. Third Circuit Court of Appeal Facility Support Fee; implementation12
A. For the purposes of implementing this Part, there is hereby imposed13
in each lower court a fee referred to as a "Third Circuit Court of Appeal14
Facility Support Fee" upon each civil case instituted in each lower court after15
the date of enactment of this Part in the amount of twenty-five dollars and upon16
each traffic case instituted in each lower court after the date of enactment of17
this Part in the amount of twenty dollars.18
B. The support fees collected pursuant to this Section during each19
calendar month shall be forwarded by the clerk of court or other court20
administrator for each lower court to the financial institution designated by the21
commission not later than twenty days following the end of such calendar22
month, to be held in a special fund to be referred to as the "Third Circuit Court23
of Appeal Facilities Fund".24
C. Notwithstanding any other provision of law to the contrary, the25
commission may pledge, assign and dedicate the support fee and the monies in26
the facilities fund for the payment of any project obligations.27
D. At least annually, after payment of project obligations, the28
commission shall remit, from the facilities fund, ten percent of the proceeds of29 SB NO. 653
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the support fee to the lower courts in proportion to the amount of support fees1
actually collected by each lower court, but only to the extent that monies are2
available therefore after payment of project obligations.3
Section 2. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval. 8
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Johns (SB 653)
Proposed law provides for certain legislative findings relative to the facilities of the Court
of Appeal for the Third Circuit, the need for maintenance and updating of these facilities,
and the need for funding for such construction and improvements.
Proposed law provides for the creation, purpose, nature, membership and authority of a
Third Circuit Court of Appeal Building Commission.
Proposed law provides for certain definitions.
Proposed law provides for identification of certain qualified projects and the issuance of
certain bonds.
Proposed law provides for the implementation of certain support fees relative to the Third
Circuit Court of Appeal Facilities Fund.
Proposed law provides for the imposition of a support fee in each district court, municipal
court or any other court subject to the appellate or supervisory jurisdiction of the Court of
Appeal for the Third Circuit.
Proposed law provides that such support fee shall consist of $25 in each lower court civil
case and $20 in each lower court traffic case. Proposed law further provides for annual
remission of 10% of the proceeds of the support fee to the lower courts in proportion to the
amount of support fees actually collected by each lower court, but only to the extent that
monies are available after payment of project obligations.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 13:393.1-393.6)