Louisiana 2016 2016 Regular Session

Louisiana Senate Bill SB215 Comm Sub / Analysis

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DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
SB 215 Reengrossed 2016 Regular Session	Carter
Present law provides that any party aggrieved by a decision of the commissioner to withhold,
suspend, or revoke a permit may, within 30 days of the notification of the decision, take a
devolutive or suspensive appeal to the district court having jurisdiction of the applicant's or
permittee's place of business.
Proposed law reduces the time from 30 days to 10 days after proper notification of the
commissioner's decision for an applicant's appeal to a district court having jurisdiction of the
applicant's place of business.
Proposed law adds that a suspensive appeal granted pursuant to present law that does not
result in the reversal of a decision of the commissioner to withhold, suspend, or revoke a
permit may subject the appellant to a fine of up to $5,000 upon a finding by the court that
the appeal is frivolous.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 26:920(B) and (C))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the
reengrossed bill:
1. Reinstate present law right to a suspensive appeal of the commissioner's
decision.
2. Add a fine of up to $5,000 upon a finding by the court that the appeal is
frivolous.
3. Technical amendments.
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